[PDF] Sixty Years Of Eu State Aid Law And Policy eBook

Author : Eugene Stuart
Publisher : Kluwer Law International B.V.
Page : 480 pages
File Size : 44,36 MB
Release : 2016-04-24
Category : Law
ISBN : 9041189246

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If an EU industrial policy can be said to exist, its contours may be found in the complex and evolving concept of State aid. Because approaching any State aid issue can be fraught with multiple and sometimes conflicting interpretations, an in-depth analysis of the rationales, initiatives, and regulations that constitute the State aid system is much needed. In response to this need, this book provides a fine-grained clarifying context through which recent reforms, policy shifts, and judicial decisions concerning State aid can be understood and applied to specific situations. Focusing on the impacts of landmark cases and policy developments leading up to a deeply informed critique of the current State Aid Modernisation Programme, the authors cover such issues and topics as the following: – linkages to other established and evolving EU common policies and common strategies; – effect of EU State aid rules in the expanding geopolitical regions of EU influence; – interaction with the WTO Subsidies and Countervailing Measures Agreement; – the problem of a ‘subsidies culture’; – how the European Commission’s notion of ‘bad’ State aid has evolved; – effect of EU policy imperatives (e.g., environmental goals) which implicitly argue for increased subsidisation; – nexus with EU tax harmonisation; – competition among undertakings versus competition among Member State policies; and – nature of the quasi-devolution of regulatory responsibilities to EU Member States. This book is a crucially important source of both theoretical enlightenment and practical wisdom that will greatly enhance confident progress through any legal matter involving EU State aid rules. It will prove of immeasurable value to practitioners, in-house counsel, policymakers, and academics for many years to come.

Author : Louis Vogel
Publisher :
Page : 415 pages
File Size : 12,40 MB
Release : 2017-06-07
Category :
ISBN : 9782802759355

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European State Aid Law provides a wide-ranging comparative review of the applicable European rules : prohibited aid, compatible aid, control procedure. Extensively referencing case law and legislative and regulatory sources, European State Aid Law interprets the various complex rules and illustrates how they may interact and develop.

Author : Bruno Nascimbene
Publisher : Springer
Page : 314 pages
File Size : 33,83 MB
Release : 2018-11-28
Category : Law
ISBN : 3319992260

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This book analyses the recent modernisation of EU State aid law from various perspectives, and considers both substantive and procedural aspects. It also discusses the reasons for, and the goals and future implications of the modernisation programme, including the evolution of the concept of State aid. The ambitious reform programme was launched in 2012 and has now been almost fully implemented by virtue of the adoption of new rules of procedure in July 2013, and exemption in June 2014. The book highlights the main aspects of this sector reform, which include the Commission’s change of attitude towards so-called positive aid, i.e. those able to promote economic growth, and the intention to focus on matters of greater systematic extent. These objectives also imply a third aspect: increasing the intensity of the control powers conferred on the Commission with regard to that aid that prove to be harmful to competition and the internal market. The book also examines the greater responsibility given to States for self-assessment of their economic policy measures, and explores the resulting impact on, and challenges posed to the administrations of the Member States. The book’s second part is devoted to the application State aid rules in the area of services of general economic interest, with a special focus on aid in the field of social health and infrastructure.

Author : Kelyn Bacon
Publisher :
Page : 588 pages
File Size : 23,86 MB
Release : 2017
Category : Subsidies
ISBN : 9780191834639

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This book provides a comprehensive practitioner guide to the EU law of State aid, covering all relevant legislation, case law, and the dominant themes shaping EU State aid policy. It discusses the concept of State aid and its development in the European Union, as well as practical aspects such as procedures for notification to the European Commission, and enforcement in the European Court and national courts. It offers extensive coverage of specific sectors, including transport and shipbuilding, media and communications, energy and environmental protection, culture and heritage, and agriculture. The third edition is fully updated to cover the extensive legislative changes in this area, including the new General Block Exemption Regulation and De Minimis Regulation, horizontal aid guidelines, and sectoral guidelines for aviation, cinemas, agriculture, and fisheries; as well as State aid cases in the national courts, particularly the UK, and recent European Court jurisprudence. Accessible to competition lawyers and non-specialists, the book's clarity and concision make it an invaluable reference to this area of law.

Author : Andrea Biondi
Publisher : Kluwer Law International B.V.
Page : 973 pages
File Size : 35,34 MB
Release : 2022-01-11
Category : Law
ISBN : 9403513101

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International Competition Law Series [ICLS], Volume 89 Designed to deter anticompetitive conduct and to ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. This first book of its kind offers a comparative overview, practical and authoritative, of the implementation and application of private enforcement rules in each EU Member State as well as in the post-Brexit United Kingdom, covering legislation and case law to date. For leading jurisdictions where practice is already well developed, there are more detailed chapters, with perspectives of judges, competition authorities, practitioners, and economists. The contributors – all experts in the use of EU competition law in their respective jurisdictions – cover the provisions of the Directive in detail, including the following: requirement of full compensation; rules preventing overcompensation; court’s power to estimate damages that cannot be precisely quantified; joint and several liability for infringing undertakings; coordination between public and private enforcement; provisions related to passing-on; certain rules on admissibility of evidence; rules on limitation periods; and consensual dispute resolution. In its detailed explanations of shared best practices and its highlighting of opportunities for convergence, the book provides much-needed insight into judicial practice and thinking, the economic approaches and strategies relevant to damages, and the coordination between public and private enforcement. These expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their own jurisdictions, as well as into the problems that have arisen or might arise in the future.

Author : Joachín Almunia
Publisher :
Page : 0 pages
File Size : 16,30 MB
Release : 2012
Category : Electronic books
ISBN : 9783869652092

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Hauptbeschreibung Proceedings of the Conference: ""The Reform of State Aid Rules on Services of General Economic Interest"" From the 2005 Monti-Kroes Package to the 2011 Almunia Reform, 30 September 2011 Global Competition Law Center, College of Europe, Bruges.

Author : Kelyn Bacon
Publisher :
Page : 572 pages
File Size : 31,75 MB
Release : 2013
Category : Government aid
ISBN : 9780191793073

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A comprehensive and accessible analysis of the legal aspects of state aid in the EU, this work covers all of the relevant legislation, case law and important decisional practice of the commission in the field, as well as exploring the policy themes that have shaped the approach of the various EU institutions to state aid control.

Author : Martin Heidenhain
Publisher : Hart Publishing Limited
Page : 816 pages
File Size : 19,59 MB
Release : 2010
Category : Government aid
ISBN : 9783406578847

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This handbook of practical guidance in European state aid cases is a completely revised and updated version of the Handbuch des Europ ischen Beihilferechts, first published in German in 2003. The book is not specifically concerned with German law or legal practice, and it will be of general interest to competition lawyers. European state aid law has gained considerably in importance over the last decade. The number of proceedings before the Commission has escalated and the European Courts are increasingly involved with disputes concerning state aid. It fully incorporates the EU Commission State Aid Action Plan ("Less and better targeted state aid: a roadmap for state aid reform 2005-2009"), published mid-2008, and the new version of the General Block Exemption Regulation. The main topics covered include: basic principles elements of state aid compatibility of state aid with the Common Market according to Art. 87 Sec.2 and Sec.3 ECT block exemption regulations public enterprises Commission proceedings according to Council Reg. (EC) No. 659/ 1999 and proceedings before the European courts. To meet the needs of practitioners in Europe and beyond, the handbook also covers state aid concerning venture capital, agriculture, and steel. The contributors are well-known practitioners active in the field of European state aid and competition law.

Author : David Bailey
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 11,65 MB
Release : 2018
Category : Law
ISBN : 9780198794752

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Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.

Author : Ferdinand Wollenschläger
Publisher : Kluwer Law International B.V.
Page : 421 pages
File Size : 40,46 MB
Release : 2020-01-09
Category : Law
ISBN : 940350210X

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Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.