Public Services in the Modern Economy: The Evolution and Future

The number of entities granted such rights determines the distinction between special and exclusive rights. When an entity receives exclusive rights, it prevents any other player in the market from enjoying the same advantage. Special privileges grant exclusive entitlements to a specific subset of entities, thereby restricting other entities from offering specific services in the market. The competitive tender procedure offers a special exception for entities responsible for providing services of general economic interest. The Commission has observed that granting exclusive rights to a specific entity is not required, as per Article 106(1) in conjunction with Article 102 Treaty on the Functioning of the European Union (TFEU) and established case law from the Court of Justice of European Union (CJEU). However, the primary focus is on the presence of a publicly owned company and the resulting inequality among market participants, which ultimately leads to a disruption of fair competition. All services falling under the general economic interest category frequently share numerous common characteristics. These factors encompass the enforcement of a public service duty, the all-inclusive nature of the services, their uninterrupted provision, affordability, coverage for all, and a prioritisation of safeguarding consumer rights.