European Union Competition Law - The Effect of Public Funding On Competition

The Effect of Public Funding On Competition

Public sector industries, or industries which are by their nature providing a public service, are involved in competition law in many ways similar to private companies. Under EC law, Articles 86 and 87 create exceptions for the assured achievement of public sector service provision. Many industries, such as railways, telecommunications, electricity, gas, water and media have their own independent sector regulators. These government agencies are charged with ensuring that private providers carry out certain public service duties in line of social welfare goals.

The EU liberalisation programme entails a broadening of sector regulation, and extending Competition law to previously state monopolised industries, such as railways, electricity or gas. Articles 106 to 108 of the TFEU address how public money can distort competition.

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