Question

Are you aware of cases in which the conditions of execution - including the clauses on adjustments over time - may have had a discriminatory effect or may have represented an unjustified barrier to the freedom to provide services or the freedom of establishment? If so, can you describe the type of problems encountered?

Main views of stakeholders

•  Few stakeholders are aware of cases where the conditions of execution - including the clauses on adjustments over time - had a discriminatory effect or represented an unjustified barrier to the freedom to provide services or freedom of establishment.

•  There is broad consensus that the duration of the contract is not a source of discrimination in current PPP practice and that adjustments to long-term PPPs over time are needed.

•  Those contributors who perceive discriminatory effects complain in particular about the different treatment of public and private companies.