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%T Freezing the State out of the Market: the Three Degrees of State Incapacity in Europe %A Kenny, Mel %P 35 %V 9 %D 2009 %@ 1868-7520 %> https://nbn-resolving.org/urn:nbn:de:0168-ssoar-62556-3 %X This Paper argues that the demarcations of public power arrived at in EC competition law by the Court and the Commission, while sensitive to State prerogatives, reveal a picture of State incapacity rather than capacity; freezing the state out of the market rather than deliberating any, however attractive, subtle balance of constitutionalised private governance. We progress from a review of the place of competition within the Treaty and a broader consideration of the policy framework (Section I). Attention then turns to what are identified as the three degrees of State Incapacity: (1) the State’s regulatory role (Section II); (2) the state and the exercise of the public authority function (Section III); (3) elaborating the public interest in the provision of services of general economic interest (Section IV). %C DEU %C Bremen %G en %9 Arbeitspapier %W GESIS - http://www.gesis.org %~ SSOAR - http://www.ssoar.info