Where they are concluded by contracting entities, service concession contracts concluded with one or more contracting authorities, one or more contracting entities referred to in 1° of Article L. 1212-1 or an economic operator where they benefit from an exclusive right by virtue of a provision adopted by law shall be subject to the rules defined in Title II , provided that this provision is compatible with the Treaty on the Functioning of the European Union and the legal acts of the Union establishing common rules on market access applicable to the activities of network operators.