The Limits of Competition Law

Markets and Public Services

Tony Prosser (Professor of Public Law, University of Bristol)

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English

Oxford University Press
01 March 2005

Public ownership & nationalisation; Comparative law; Competition law & Antitrust law

Series: Oxford Studies in European Law

To what extent should public services (for example public utilities such as telecommunications, energy, public transport and postal services) be subject to ordinary competition law? This question has assumed great importance in the context of the activities of European Union.

On the one hand, it is argued (particularly in France) that competition law is a threat to the values of public services that underlie their distinctive objectives. On the other, the 'Anglo-Saxon' argument is that protecting public services from competition gives them an unfairly protected position and can mask their inefficiencies.

This book examines the philosophical, political, economic, and social principles involved. Prosser contrasts the mainly economic and utilitarian justifications for the use of competition law with rights- and citizenship-based arguments for the special treatment of public services, and examines the varied conceptions of the differing traditions in the UK,

France, and Italy.

Prosser then considers the developing European law in this area. He examines decisions of the European Court of Justice, considers the development of the

concept of 'services of general interest' by the Commission, and

reviews the liberalization process in telecommunications, energy, and postal services. He also provides a detailed case-study of public service broadcasting.

The book concludes by drawing general principles from the debates about the extent to which public services merit distinctive treatment and the extent to which competition law must be amended or limited to respect their distinctive roles.

By: Tony Prosser (Professor of Public Law University of Bristol)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 242mm, Width: 162mm, Spine: 21mm
Weight: 585g
ISBN: 9780199266692
ISBN 10: 0199266697
Series: Oxford Studies in European Law
Pages: 288
Publication Date: 01 March 2005
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Tony Prosser is Professor of Public Law at the University of Bristol.

Reviews for The Limits of Competition Law: Markets and Public Services

A very interesting, readable and thought provoking book. A definite recommendation for everyone who is willing to think critically about the boundaries between the market and public services. Dr. Hans Vedder, EuropeanLawBooks.org A very interesting, readable and thought provoking book. A definite recommendation for everyone who is willing to think critically about the boundaries between the market and public services. Dr. Hans Vedder, EuropeanLawBooks.org A very interesting, readable and thought provoking book. A definite recommendation for everyone who is willing to think critically about the boundaries between the market and public services. Dr. Hans Vedder, EuropeanLawBooks.org A very interesting, readable and thought provoking book. A definite recommendation for everyone who is willing to think critically about the boundaries between the market and public services. Dr. Hans Vedder, EuropeanLawBooks.org