{"title":"公共服务和欧盟竞争法","authors":"A. Tóth","doi":"10.2139/ssrn.3011433","DOIUrl":null,"url":null,"abstract":"It is important to distinguish between economic and non-economic public services, as the latter services are not subject to EU competition law and Member States are free to regulate them. EU competition law is applicable to public services having an economic nature, with a certain degree of derogation available under Article 106 (2) TFEU. Article 106 TFEU has also become the legal basis of market liberalisation, with the Commission fostering the liberalisation process by adopting the concept of universal services. The Commission has also used competition law enforcement to support the liberalisation process in the EU.","PeriodicalId":401648,"journal":{"name":"European Public Law: EU eJournal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2017-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Public Services and EU Competition Law\",\"authors\":\"A. Tóth\",\"doi\":\"10.2139/ssrn.3011433\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"It is important to distinguish between economic and non-economic public services, as the latter services are not subject to EU competition law and Member States are free to regulate them. EU competition law is applicable to public services having an economic nature, with a certain degree of derogation available under Article 106 (2) TFEU. Article 106 TFEU has also become the legal basis of market liberalisation, with the Commission fostering the liberalisation process by adopting the concept of universal services. The Commission has also used competition law enforcement to support the liberalisation process in the EU.\",\"PeriodicalId\":401648,\"journal\":{\"name\":\"European Public Law: EU eJournal\",\"volume\":\"16 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2017-07-31\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Public Law: EU eJournal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/ssrn.3011433\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Public Law: EU eJournal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.3011433","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
It is important to distinguish between economic and non-economic public services, as the latter services are not subject to EU competition law and Member States are free to regulate them. EU competition law is applicable to public services having an economic nature, with a certain degree of derogation available under Article 106 (2) TFEU. Article 106 TFEU has also become the legal basis of market liberalisation, with the Commission fostering the liberalisation process by adopting the concept of universal services. The Commission has also used competition law enforcement to support the liberalisation process in the EU.
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