OECD,

Universal service

Institution Definition

In European law and policy, the concept of Universal Service Obligations refers to a set of general interest requirements ensuring that certain services are: (i) available throughout a certain territory (e.g. the territory of a Member State) for all consumers and users, independently of their geographical location (geographical component); (ii) at a specified quality, often including inter alia regularity/continuity of service (technical component; and (iii) at an affordable price, in the light of specific national conditions (economic component). The Universal Service concept has been developed specifically for some of the network industries (e.g. telecommunications, postal services, electricity) and due to its nature it will usually, though not necessarily, refer to services which are provided on the basis of some kind of network. © OECD

Articles

Sebastien Soriano, Nicolas Charbit, Vincent Jaunet, Sylvain Justier Sébastien Soriano: Competition must conduct its self-examination

February 2021

Interview conducted by: Nicolas Charbit, Editor, Concurrences, Paris Vincent Jaunet, Partner, Magenta, Paris Sylvain Justier, Partner, Magenta, Paris The video interview can be consulted at the end of this page. Nicolas Charbit: Sébastien Soriano, hello! You publish A Future of Public (...)

Stéphane Rodrigues L’alternative du commun. Les colloques de Cerisy, Christian LAVAL, Pierre SAUVÊTRE and Ferhat TAYLAN (dir.)

May 2019

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Jean-François Carenco For competition through innovation in energy markets

February 2019

Innovation is the key to the liberalization of the energy market. It enables the development of renewable energy production and the diversification of supply offers based on innovative services. CRE supports actors in this approach, whilst ensuring the effective functioning of the market. (...)

Maciej Bernatt, Marcin Mleczko Poland: Public interest and a place for non-competition considerations in Polish competition law

February 2018

The article attempts to answer the question: to what extent can non-competition considerations play a role in the application of Polish competition law? Background analysis of EU competition law is also provided. Attention is focused on the meaning of ‘public interest’ invoked in Article 1 of the (...)

Élodie Saillant-Maraghni, Hubert Delzangles, Salim Ziani Redefinition of the borders of the Administration (Dimensions of public sphere in competition law, Caen, 3 October 2014)

January 2015

The third and final session proposes to examine the borders of the Administration in its functions of public service (Mr. Ziani), public power (Pr. Saillant) and state regulator (Pr. Delzangles) in order to understand if the state pattern is redrawn as a result of competition law. Services of (...)

Martine Behar-Touchais Why antitrust? (Preface for the book "10th Anniversary of Concurrences")

September 2014

To mark its tenth anniversary, Concurrences has brought together 100 contributions answering the question: “Why antitrust?” The different disciplines in which the different contributors work ensures that a wide range of approaches is represented—the authors include historians, lawyers, economists, (...)

Stéphane Rodrigues L’européanisation des services publics

February 2012

Defined, organised and financed within the framework of the secular construction of each of the nation-states, public services have been the object of a profound change in their universe of reference over the last twenty-five years, which began with network services (communications, transport, (...)

Jacques Attali Which competition policy for 2012 and after?

December 2011

Competition is necessary, but any competition policy must conform to two big conditions. First, competition shouldn’t be an end in itself but one of the dimensions of a society with multiple objectives; in addition to this, limits must be set to competition. In this foreword, the author deals (...)

Stéphane Rodrigues Developments in Services of General Interest, Mads ANDENAES, Tarjei BEKKEDAL, Jim DAVIES et Erika SZYSZCZAK(dir.)

September 2011

The recent collection "Legal Issues of Services of General Interest" is enriched by a new opus which includes the contributions of a seminar held in June 2009 at the Institute of Advanced Legal Studies (IALS) in London. Introduced by Professor Szyszczak (University of Leicester), who highlights (...)

Stéphane Rodrigues L’Union européenne entrepreneur du service public international

September 2011

Relations between the European Union and public services are turbulent. On the surface, the European Union has ignored the concept of public service and has substituted for it, for the operation of networked public services, its doctrine of services of general interest and its subdivisions of (...)

Stéphane Rodrigues Europe : une nouvelle chance pour le service public

December 2010

To every great cause, its European manifesto one would be tempted to say. If this is the case, the great cause of public service now seems to have its own with this essay published by the Jean Jaurès Foundation under the double pen of a recent European Parliament Member, Françoise Castex, of the (...)

Stéphane Rodrigues Le service public

September 2010

Stemming from French doctrine and case law, the concept of public service was imported into Belgium following the work of André Buttgenbach. After adapting to the Belgian legal system, it was profoundly transformed under the influence of European law, notably with a view to liberalisation. This (...)

Stéphane Rodrigues Libéralisation & Services publics - Économie postale

September 2010

The liberalisation of all major infrastructure networks, initiated in the United States, has been underway in Europe since the 1990s. But how will it work for the Post Office? In a context where mail is in decline, where the development of information technologies is encouraging the (...)

Stéphane Rodrigues Le service public, Hughes DUMONT, Pierre JADOUL, Bruno LOMBAERT, François TULKENS et Sébastien VAN DRROGHENBROECK (dir.)

May 2010

This is a stimulating work on a theme that is not always easy to renew: public service. Such is, however, the challenge taken up by the Interdisciplinary Research Centre for Constitutional Law (C.I.R.C.) and the Department of Legal Recycling of the Facultés Saint-Louis de Bruxelles, during a (...)

Beligh Nabli L’Union européenne et les activités postales, COCHET Philippe ; Sur le projet de loi relatif à l’entreprise publique La Poste et aux activités postales

February 2010

These two parliamentary reports published at the same time relate the development of La Poste’s legal status to the requirements of Community competition law. Their successive and complementary presentation will nonetheless make it possible to draw common conclusions and analyses. Information (...)

Bernadette Dukay Le droit de la concurrence et les communications électroniques

December 2009

Over the last twenty years, the electronic communications sector has undergone an unprecedented transformation in the European Union: a series of national monopolies has been replaced by a system based on free competition. This opening to competition has been achieved through the adoption of (...)

Stéphane Rodrigues L’État schizo

May 2008

France is in danger. The enemy is all the more formidable because he comes from within and calls himself the State. Having become schizophrenic, he is destroying what was our strength: our infrastructures and the quality of our public services. A champion of double-dealing, but more often a (...)

Laetitia Driguez L’Europe et les services publics: Le retour de la loi

February 2008

On 14 April 2006, the Centre for European Research and Documentation (CRDE) of the University Montesquieu-Bordeaux IV brought together academics and professionals for a study day devoted to the theme of public services and the law. This inexhaustible subject gave rise to original, varied and (...)

Alain Ronzano, Christelle Adjémian, Umberto Berkani Competition journals: Jan. - April 2007

May 2007

1. General - Scope of application 1.1 Miscellaneous items Competition law and intellectual property rights: Is the property rights’ approach right? I. LIANOS (8th Cambridge Yearbook of European Legal Studies, 2005-2006, ed. Hart. Publishing, Oxford 2006, p. 153) In particular, competition law (...)

Marie Blocteur EU Electronic Communications Law, P. NIHOUL

February 2006

An established authority in the field, this is the core reference work for practitioners on electronic communications in the European Union. Giving insight into the regulations, the work provides a thorough analysis of the competition rules and regulatory framework applicable to electronic (...)

A B C D E F G H I J L M N O P R S T U V

A

Absolute territorial protection • Abuse of dominant position • Abuse of economic dependence • Access to essential facility • Access to information • Access to the file • Agency agreement • Agent • Agreement (notion) • Amicus curiae • Ancillary restraints • Annulment • Anticompetitive objet or effect • Anticompetitive practices • Applicable law • Arbitration

B

Barriers to entry • Bid rigging • Black cause • Block exemption (Regulation) • Boycott • Brand competition • Burden of proof • Business secrets • Buyer power

C

Cartel • Clearance phase I (merger) • Clearance phase II (merger) • Collecting society • Collective dominance • Collective redress (class action) • Comity • Competence • Competition policy • Competition policy • Complaint • Compliance programme • Compulsory license • Concerted practices • Concession • Concurrent jurisdiction • Consumers protection • Consumers’ associations • Control (change) • Control (notion) • Cooperation Agreement • Cooperation between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • Cost-based access • Criminal sanctions • Cross subsidisation

D

Damages • Dawn raids • De minimis notice • Direct effect • Discriminatory practices • Distribution agreement • Dominance (notion)

E

ECHR • Economic analysis • Economic efficiency • Economies of scale • Effect on trade between Member States • Effective judicial protection • Environmental protection • Essential facility • European Competition Network (ECN) • Excess prices • Exchanges of information • Exclusive distribution • Exclusive purchasing • Exclusive right (Art. 106 TFEU) • Exclusivity clause • Exhaustion • Extra-territoriality

F

Failing firm defence • Fidelity rebates • Fine • Fine mitigating • Foreign direct investment (FDI) • Franchising • FRAND

G

Geographic market • Group purchasing organization • Gun jumping

H

Hard core restrictions • Horizontal agreement

I

Individual exemption • Intellectual property right • Interim measures • International competition network (ICN) • Investigations / inquiries

J

Joint control • Joint venture • Judicial review

L

Legal privilege • Leniency • Licensing • Limitation period • Low prices

M

Mandatary (distribution) • Margin squeeze • Market economy investor • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Minority shareholdings • Misinformation • Misinformation

N

Ne bis in idem • Network effect • Non-competition clause • Notification • Nullity

O

Oligopoly

R

Referral (merger) • Refusal to deal • Regulated prices • Relevant market • Remedies (antitrust) • Request for information • Resale price maintenance (RPM) • Resale-below-cost • Right against self-incrimination • Rights of defence • Rule of reason

S

Sector inquiry • Selective distribution • Services of general economic interest • Single branding • Sole control • Spill-over effects • Standard-Essential Patent (SEP) • State action defense • State aid (compatibility) • State aid (existing aid) • State aid (notification) • State aid (notion) • State aid (recovery) • State aid (tax ruling) • State aid (unlawful aid) • State measure • Sudden break of established business relationships

T

Test SIEC (merger) • Test SLC (merger) • Transfer of technology • Transfer pricing • Trustee (mergers) • Turnover threshold (merger) • Two-sided market • Tying or tied selling

U

Undertaking (notion) • Unfair competition • Universal service • Upstream market

V

Vertical agreement • Vertical restraints (or restrictions)