Interesse pubblico, liberalizzazione dei mercati e regolamentazione dei servizi di pubblica utilità

This paper examines the developments of the “public interest” concept in the utility sector. Public interest, public service and universal service are the main concepts explaining the evolution from a situation in which market failures often justified state monopoly to the actual competitive situation. In Europe, an element of reference in public policy has been “liberalisation whilst maintaining universal service obligations” and the paper examines in what form these obligations will survive the introduction of competition. The principles of equality and universality must be interpreted in a contemporary manner. Equal treatment no more means absence of price differentiation and universality must reflect social and economic conditions. The paper contributes to the debate analysing the decisions undertaken by the Italian telecommunications and energy authorities with respect to the procedures adopted to define and finance universal service.