在欧洲经营公共服务的企业大多是国有企业。国有企业究竟应当作为国家经济政策的工具,从而享有特殊的待遇,还是应当同私营经济中的企业一样,有义务遵守市场的竞争规则?欧盟的基本政策是,鉴于欧共体的目的是建立内部统一的大市场,欧共体的国有企业原则上应当同私营企业一样,适用相同的竞争规则。鉴于国有企业的企业经营活动和它们履行的国家主权权能存在着严重的冲突,欧共体竞争法规定,国家不得滥用权力,为其竞争中的国有企业谋取竞争优势。 Most of the companies that operate public services in Europe are state-owned enterprises. Should state-owned enterprises, as a tool of national economic policy, enjoy special treatment or should they, like enterprises in the private economy, be obliged to abide by the rules of competition in the market? The basic policy of the EU is that given that the purpose of the EC is to establish an internal In a unified big market, in principle, the EC state-owned enterprises should apply the same rules of competition as private-owned enterprises. In view of the serious conflict between the state-owned enterprises’ business operations and the state sovereignty they perform, the EC competition law stipulates that the state should not abuse its power and seek a competitive advantage for its competing state-owned enterprises.