The role of the ACA on liberalization
The scope of application of the law on protection of competition also includes public enterprises and enterprises which are granted exclusive or special rights by the state. In this way, the same market rules are provided for those enterprises that are publicly owned or that the state itself has granted exclusive rights. In this way, the activity of these enterprises is liberalized and subject to free and effective competition.
However, the Law on Protection of Competition has provided for an exemption from the application of this law in the case of undertakings granted the right to operate in the field of services of general economic interest (SIEP)* or of monopolies oriented towards providing income. But such an exception cannot go beyond what is necessary to perform the service.
*SIEPs are various economic activities that cannot be produced if left to market forces alone or at least cannot be offered at affordable terms and prices without discriminating against anyone. SIEPs are developed in the interest of the general public on the basis of conditions imposed by the state which imposes an obligation on the provision of such services to all. These services may be provided by one or more private or public enterprises or entities. Such services could be postal services, electricity supply, telecommunications social services, public transport, etc.