Competition and exclusive rights in the EU energy market in State monopolies under EC law, p191-217

New titles from Wiley's European Law Series:
State monopolies under EC law:
The European Union has strict laws, embodied in the EC Treaty, on the conduct of competition within Europe, in order to ensure that monopolies are not allowed to distort competition. Of particular relevance is Article 90 which lays down the principle of an evolving balance between Public Service and competition: restrictions of competition must be accepted if they are necessary and proportionate to the Public service objectives which Member States are pursuing. The rules of the Treaty are complemented by Directives dealing with the main utility sectors.

'State monopolies under EC law' describes and analyses the law, its application and development in relation to state monopolies. The book is divided into two parts. In Part I the authors explain how Treaty rules apply to state monopolies, pursuant to Article 90, in the light of changes in the ECJ approach. It first analyses in detail the provisions of Article 90 and then examines the application to state monopolies of the principal Treaty rules - including the competition rules, the rules on free movement of goods, on the freedom to provide services and the state aid rules.

Part II of the book examines the application of Treaty rules and the principal regulatory measures complementing these rules in the utility sectors - energy, telecommunications, broad casting, post and transport. It describes in broad terms the liberalisation measures taken by the Commission and the Council to open up these sectors to competition and the harmonisation measures in order to create one single market in each sector. It also reviews some of the key Commission and Court cases, in each of the sectors.

Blum, Françoise / Logue, Anne
State monopolies under EC law
European Law Series
John Wiley, 1998
ISBN: 0-471-94353-3
Price: £75.00