Unlocking public infrastructures? State aid and the common European data space

Abstract

EU state aid rules are part of the EU’s competition policy, a form of soft law developed to nudge states away from public investments in many areas. Rules were used to impose that market competition holds a privileged position, and that enacting social, political, or economic benefits that might stifle competition requires a complicated legal and political negotiation process between the European Commission, Member States, and private companies. Nonetheless, many strategic projects or situations in recent years led to significant state aid. The Commission utilised a variety of means to encourage both private and public investments in EU based digital infrastructure that is critical for public media services and for unified European data space. Despite EU’s balancing act between the private and public interests, business interests are dangerously capturing the development in the media data space. To grasp the social and economic contribution of publicly financed productive activities, we approach public broadcasting systems as producers of public wealth of a peculiar kind whose activities and goals are defined by their public purpose, rather than the imperatives of capital and profitmaking. Unifying data spaces with too many design decisions conceded to capitalist production runs the risk of further neglecting social foundations of member states. We argue that the desired digital transformation would be more successful if it moved towards affirmative approaches to public services and public infrastructures, recognising the historical and contemporary contribution of the production of public wealth and public media in member states.