This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is now challenged by European Union law, and the implications for traditional public services provided by the State. For the first time in an academic work, the book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules which address squarely the permissible role of State activity in competitive markets, for example an examination of the State aid rules, the rules in Article 86 EC regulating State monopolies and the controversial application of Articles 81 and 82 EC to the State. Other chapters examine the processes of privatisation and liberalisation with case studies on the postal sector, utilities and telecommunications.

This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is challenged by European Union law, and the implications for traditional public services provided by the State. The book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules that address squarely the permissible role of State activity in competitive markets, for example an examination of the procurement rules, the State aid rules, the rules in Article 106 TFEU regulating State monopolies and the controversial application of Articles 101 and 102 TFEU to the State. Other chapters examine the processes of privatisation and liberalisation and the implications of regulation of liberalised markets where the State acts in a commercial capacity, with case studies on the postal sector, utilities and telecommunications. Attention is paid to the role of services of general economic interest (SGEIs) and the implications of liberalisation for social services of general interest (SSGIs).

This book provides a comprehensive examination of the interaction between Services of General Economic Interest (SGEI) and EU competition law, covering in particular Article 106 of the Treaty on the Functioning of the European Union (TFEU) and state aid rules. It also takes the telecommunications, postal service and transport sectors as case studies, taking into account the technological, economic and political backgrounds to these sectors. The area of SGEI has undergone fundamental developments over the past three decades and the most recent changes in the Lisbon Treaty, recognizing SGEI as a shared value and granting explicit competence to the EU, mark its constitutional significance. The key issue is how to balance economic values underlying competitive markets and non-economic public service values such as universal access to essential services. The essence of the question is the relationship between the market and the state. This controversial issue is addressed through a critical analysis of a number of landmark EU Court judgments and Commission decisions over the decades. Offering a clear appreciation of the evolution of the EU regulatory framework on SGEI that lays out the limits and boundaries within which the Member States define, organize and fund SGEI, the book is particularly aimed at academics with a research interest in the interaction between public services and EU competition law, but as it also demonstrates clearly how the application of EU competition law has transformed the public utilities sectors, it will be of interest to law makers, legal professionals and policy makers as well. Dr. Lei Zhu is a Research Associate at the Institute of International Law at Wuhan University in Wuhan, China. He studied at the Institute for Competition & Procurement Studies of the Bangor University Law School in Wales, United Kingdom, where he obtained his PhD in law in 2015.

The maintenance of a fair, competitive market among member states is critical to the functioning of the EU economy. In this book, the first comprehensive, unifying view of market definition, Miguel Ferro adeptly explores the different economic-legal issues that arise in EU competition law.

The modern industrial states desperately need more competition in order to generate growth and employment. Although the European Union pushed its member states to open several sectors to competition, there is much left to be done. At the same time powerful interest groups try to avoid or to reduce competition on European labour markets, in the health systems, in the transport and energy sector, in public services, and in many other areas. This book shows that there is much to be gained from intensifying competition and that especially consumers would benefit. One task is to lay a sound basis for the application of competition. The other task is to implement and guarantee competition. The authors cover both issues.

Efforts to tackle the trade impeding effects of divergent standards and regulations are at the core of European economic relations. This volume draws on literature from several disciplines to develop a comprehensive account of the regulatory strategies and institutional arrangements adopted by the EU in promoting the single market in goods. It provides a historical overview and detailed cases studies of the various policy initiatives that have altered the boundaries between the public and private sector in fostering market integration. Tackling interstate barriers to trade has relied heavily on European law to shape the framework of relations between states, and trade liberalization has been facilitated by legal rulings resolving territorial conflicts over regulatory jurisdiction and authority. The European Court of Justice has actively shaped markets, acting as a 'free trade umpire' in balancing the goals of market liberalization and market regulation while fostering market compliance. Although markets are absolutely dependent on public authority, the institutional innovation of the EU has been to use the private sector in an ancillary role to the state. By delegating responsibility to set standards for market access, the EU has chosen to draw on the resources of private actors, resulting in a system of governance that is a distinctive, hybrid model of regulation composed of state and non-state actors. Though the "outsourcing" of public sector regulatory activity was expected to be more effective than the process of regulatory harmonization, progress has been difficult. The current deficit in setting standards for European-wide market access raises concerns about the efficiency and effectiveness of such a regulatory regime. Egan provides a detailed evaluation of that process, highlighting regulatory gaps in the single market and the need to focus not only on the process of market integration, but also its outcome and impact on European business. Comparisons with American efforts to create a national market are made throughout to demonstrate the difficulties of constructing and maintaining a single market. American and European efforts to devise a uniform market for commerce and trade have involved both public and private authorities, though with different degrees of coordination and centralization, as many of the strategies undertaken by the EU echo earlier American market-building efforts.

The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union. Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and ECJ jurisprudence; and extensive discussions of the national unfair competition laws of all 25 Member States. For each Member State, specific topics covered include such considerations as the following: sources of law; competition law in a nutshell; regulation of advertising; direct marketing; sales promotion; risk of confusion; disparagement, defamation; misappropriation, imitation; impediment of competitors; and breach of the law. The author also provides a selected bibliography of sources for each country. It would be difficult to find a more useful analysis of European Unfair Competition Law than this systematic study. It is practical, thorough, clarifying, and readable, all at the same time. The author untangles the most complex of apparent contradictions with impressive skill. Copies of this book will quickly take their places on the working shelves of interested practitioners, academics, and officials throughout Europe.

This incisive textbook enhances understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control and state aid law. Providing an examination of well-established doctrines, landmark judgements and the impact of recent developments, this textbook also emphasises the importance of the interplay between domestic and European competition law by discussing national competition rules and frameworks.

Recoge:1. Making sure companies play fair - 2. Examinig mergers - 3. Opening up markets to competition - 4. Monitoring state aid - 5. International cooperation.