Edited by Fabrizio Cafaggi and Horatia Muir Watt
Chapter 1: The Regulation of Services and the Public–Private Divide
1. The regulation of services and the public–private divide Anthony Ogus 1. INTRODUCTION The task I have set myself in this chapter is to explore the justifications for regulating services and how public and private law may, in their different ways, serve that purpose. I then consider the implications that the distinctions between private and public law have for governance in a European context, in particular how they relate to the arguments for harmonizing regulatory principles. First, however, I need to explain what is meant by the ‘regulation of services’. 2. WHAT IS THE ‘REGULATION OF SERVICES’? The concept of ‘services’ is not easy to define. For the purposes of this chapter, I take it to have the broad meaning attributed to it in the programme of the European Commission, leading to the Draft Directive on ‘Services in the Internal Market’.1 This seems to cover almost all forms of trading except the supply of goods, thus including ‘a large variety of activities, such as consultancy services, certification services, estate agents, engineering, construction, distribution, tourism, leisure and transport’2 and normally the subject of a contract between supplier and consumer. In order to make helpful generalizations about the regulation of these broad ranges of activities, we need to understand the different types of market failure and therefore the forms of regulation to which they have given rise. At the most general level, we can identify four main types of market failure:3 COM (2002) 401; in its amended form COM (2006)...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.