(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 24 No 8 Aug/Sept 2019

Book of the Month

Cover of Fisher and Lightwood's Law of Mortgage

Fisher and Lightwood's Law of Mortgage

Price: £439.99

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision


ISBN13: 9781509912759
Published: March 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



Despatched in 3 to 5 days.

Also available as
£58.50
+ £11.70 VAT

Article 106(2) TFEU is an enigma. It provides for the disapplication of any Treaty rule with respect to Services of General Economic Interest (SGEIs).

On the one hand, it is said to be an indispensable mediation mechanism between market and non-market objectives. On the other, in respect of the qualification of activities as SGEIs, the General Court has declared that there are no controlling principles. The operation of Article 106(2) has been a source of enduring political, legal and economic controversy.

This book enters that debate with an active scepticism towards conventional understandings of the provision, and deploys a novel criticality and a law and economics approach to expose the inner workings of Article 106(2). It also offers a prescription for a more practical rendering of this intriguing provision.

Subjects:
Competition Law
Contents:
1. In the General Interest?
A. Introduction
B. The Nature of the Problem
C. The Mechanics of Article 106(2)
D. The Essence of Government Failure and its Cost
E. This Book
2. The Pathology of Government Failure
A. Introduction
B. Government Failure and Market Failure
C. The Constitutional Grounding for Government Failure Control Under Article 106(2)
D. Approaches to Government Failure
E. Government Failure Under Article 106(2)
F. Conclusions
3. The Contestation and Indeterminacy of Article 106(2)
A. Introduction
B. The Political, Constitutional and Administrative Battleground
C. Accounts of Article 106(2)
D. Conclusions
4. A Most Contingent Exemption
A. Introduction
B. Contestation—The Scope of Article 106(2) Ratione Materiae
C. Competition—The Free Movement Derogations
D. Subordination—The State Aid Rules
E. Conclusions
5. Government Failure in Assessing Market Feasibility
A. Introduction
B. Telecommunications
C. Environmental Protection
D. Broadcasting
E. Conclusions
6. Government Failure in Disapplication Review
A. Introduction
B. The First Phase—The Strict Exception
C. The Second Phase—Permissive Derogation
D. The Third Phase—Partial Revival
E. Conclusions
7. Contours of a Better Exemption
A. Introduction
B. Government Failure Redux
C. Proposals for a Reorientation of the Law with Respect to SGEIs
D. Concluding Observations

Series: Hart Studies in Competition Law

The EU's Antitrust Alternative ISBN 9781509910670
To be published August 2020
Hart Publishing
£55.00
The Legality of Bailouts and Buy Nationals: International Trade Law in a Crisis ISBN 9781509935130
To be published January 2020
Hart Publishing
£30.00
The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509931330
Published August 2019
Hart Publishing
£30.00
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509928811
Published April 2019
Hart Publishing
£25.00
The More Economic Approach to EU Antitrust Law ISBN 9781509927951
Published April 2019
Hart Publishing
£35.00
Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509919666
Published February 2019
Hart Publishing
£65.00
£58.50 + £11.70 VAT
(ePub)
Buy
£63.00 + £12.60 VAT
(ePub)
Buy
£58.50 + £11.70 VAT
(ePub)
Buy
£58.48 + £11.70 VAT
(ePub)
Buy
The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis ISBN 9781509908240
Published September 2017
Hart Publishing
£64.99
The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509906598
Published April 2017
Hart Publishing
£65.00
£27.00 + £5.40 VAT
(ePub)
Buy
Private Power, Online Information Flows and EU Law: Mind the Gap (eBook) ISBN 9781509900657
Published October 2016
Hart Publishing
£22.50 + £4.50 VAT
(ePub)
Buy
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509900633
Published October 2016
Hart Publishing
£55.00
The More Economic Approach to EU Antitrust Law ISBN 9781849466967
Published September 2016
Hart Publishing
£75.00
Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
Published July 2016
Hart Publishing
£37.99
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
Published July 2016
Hart Publishing
£25.99
£81.00 + £16.20 VAT
(ePub)
Buy
Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
Published September 2015
Hart Publishing
£90.00
£81.00 + £16.20 VAT
(ePub)
Buy
The Concept of Abuse in EU Competition Law: Law and Economic Approaches ISBN 9781849469722
Published June 2015
Hart Publishing
£27.99
Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
Published May 2015
Hart Publishing
£110.00
£99.00 + £19.80 VAT
(ePub)
Buy
£28.78 + £5.76 VAT
(ePub)
Buy
Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
Published April 2014
Hart Publishing
£90.00
Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
Published April 2014
Hart Publishing
£23.38 + £4.68 VAT
(ePub)
Buy
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
Published April 2014
Hart Publishing
£60.00
Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
Published April 2014
Hart Publishing
£34.18 + £6.84 VAT
(ePub)
Buy
European Merger Remedies: Law and Policy ISBN 9781849464116
Published December 2013
Hart Publishing
£100.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
Published November 2013
Hart Publishing
£70.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
Published November 2013
Hart Publishing
£63.00 + £12.60 VAT
(ePub)
Buy
Joint Ventures and EU Competition Law ISBN 9781841137933
Published November 2013
Hart Publishing
£140.00
Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
Published November 2013
Hart Publishing
£126.00 + £25.20 VAT
(ePub)
Buy
Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
Hart Publishing
£85.50 + £17.10 VAT
(ePub)
Buy
Cross-Border EU Competition Law Actions ISBN 9781849463744
Published June 2013
Hart Publishing
£95.00
Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
Hart Publishing
£90.00
Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
Hart Publishing
£81.00 + £16.20 VAT
(ePub)
Buy
State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
Hart Publishing
£58.50 + £11.70 VAT
(ePub)
Buy
State Aid and the European Economic Constitution ISBN 9781849461054
Published December 2012
Hart Publishing
£65.00
£90.00 + £18.00 VAT
(ePub)
Buy
Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039

Hart Publishing
Publication Abandoned