Jarleth Burke Commercial Law Books sku-905097148 | TFEU

Jarleth Burke's Commercial Law Books title, sku-905097148, is a hardcover in the Hart Studies in Competition Law series. It offers a sceptical account of Article 106(2) TFEU and its application to public services. The provision allows other Treaty rules to be disapplied to sustain a Service of General Economic Interest (SGEI).

Often described as a strict exception and a threat to Europe's public service tradition, it can allow lax review of general interests, the book argues. The book uses government failure to examine unnecessary intervention, avoidable inefficiency and ways to meet general interest goals more effectively. Its market feasibility test incorporates market failure.

It also traces how disapplication of Treaty rules became more indulgent toward SGEI providers, followed by a partial correction after Altmark. It calls for stronger proof, greater use of market counterfactuals and clearer separation of objectives from means in SGEI design and operation.