Competition between public and private undertakings

Abstract

Abstract An undistorted competition regime can only be achieved on the condition of equality of opportunity among different businesses. The neutrality principle must be also applicable in favor of public sector undertakings according to OFT study dated 2010 and OECD study 2012. In comparative analysis with other member states (Italy and Spain) and Australia the relevant legislations provide the Competition Agencies and the Governments power to ensure and protect the neutrality principle. World Trade Organization is the new forum for international regulation of public restraints? It is a question to be answered. A “soft” solution (soft law), either in the framework of the International Competition Network (ICN) or in the framework of OECD or of the UNCTAD seems realistic. Perhaps more effective seems to be the cultivation of a competition culture (competition advocacy). In competition law, “second best” solutions constitute the reply to the problem.