SGEI and competition law

Anticompetitive practices

The Argentinian Competition Authority concludes the investigation against five oil & gas corporations for imposing discriminatory and excessive prices to public transportation companies (YPF, Shell, Esso, Petrobras and Oil)
Computer and Communications Industry Association US (CCIA)
On 26 January, 2012 upon recommendation of Argentina’s National Competition Commission (ANCC), the Ministry of Economics & Finance ordered the 5 major oil & gas corporations -namely YPF (participated by Repsol YPF), Shell, Esso (Exxon Mobile), Petrobras and Oil- active in the Argentine (...)

The Italian Competition Authority inflicts fines in excess of € 13 million to several firms operating in lead recycling, and their consortium, for fixing market shares and foreclosing the creation of alternative consortia (COBAT)
Luigi Prosperetti & Partners
COBAT was formed to in 1998 as the Consortium for the gathering and processing of used lead-based batteries. Up to 2006, COBAT enjoyed a legal monopoly, and any company engaged in any activity concerned with the recycling of lead-based batteries (i.e.: smelters, producers or importers of (...)

The Italian Competition Authority decides not to adopt an interim measure against some batteries smelters investigated for cartel conducts (COBAT and others)
Bonelli Erede (Rome)
On 24 July 2008, the Italian Competition Authority (the ICA or AGCM) decided not to adopt interim measures against COBAT (the Italian consortium for the collection and recycling of used batteries) and some other battery smelters that had been investigated for breaching Article 2 of Law 287/1990 (...)

Dominance

The Czech Supreme Administrative Court confirms that a failure to timely notify the suspension of public road transportation services amounts to an abuse of a dominant position under Czech law (DPÚK)
European Court of Justice (Luxembourg)
By a judgement rendered on 26 June 2013, the Supreme Administrative Court of the Czech Republic dismissed an appeal by Dopravní podnik Ústeckého kraje (DPUK), a bus line operator, against a lower-tier court judgement relating to an abusive suspension of public road transportation services. The (...)

The Macedonian High Administrative Court upholds the NCA’s infringement decision finding an abuse of dominant position on the funeral services market (JPKD Komunalec Strumica)
University of Technology (Tallinn)
On 9 May 2012 the Macedonian High Administrative Court (VUS) upheld, as a second instance court, the infringement decision of the Macedonian Competition Authority (KZK) against the municipal undertaking JPKD Komunalec Strumica (Komunalec) for the abuse of dominant position on the funeral (...)

The Macedonian High Administrative Court upholds the NCA’s infringement decision concerning an abuse of dominant position on the funeral services market (JPKD Komunalec Strumica)
University of Technology (Tallinn)
On 9 May 2012 the Macedonian High Administrative Court (VUS) upheld, as a second instance court, the infringement decision of the Macedonian Competition Authority (KZK) against the municipal undertaking JPKD Komunalec Strumica (Komunalec) for the abuse of dominant position on the funeral (...)

The Serbian Administrative Court upholds the infringement decision of the Competition Authority against a public company for abuse of dominance on the funeral services market (Gradska groblja Kragujevac)
University of Technology (Tallinn)
On 22 September 2011 the Administrative Court upheld the infringement decision of the Serbian Competition Authority (KZK) finding an abuse of dominant position in the form of tying by the public company JKP Gradska groblja Kragujevac (GGK). The Court ruled that the KZK has correctly found that (...)

The Italian State Council quashes a decision from the Court of first Instance having annulled an NCA’s decision concerning service of general economic interest and State action defence (COBAT - "Recycling of exhausted batteries”)
Bonelli Erede (Rome)
In its judgment delivered on 2 May 2011, the Italian Last Instance Administrative Court («Consiglio di Stato«), reversed the judgment of the First Instance Administrative Court («TAR Lazio«) on the «recycling of exhausted batteries« case, and upheld the Italian Competition Authority’s («ICA«) (...)

The Serbian Competition Authority prosecutes public company for abuse of dominance on the funeral services market (GGK)
University of Technology (Tallinn)
On 27 January 2011 the Serbian Competition Authority (KZK) has sanctioned the public undertaking JKP Gradska groblja Kragujevac (GGK) for abusing its dominant position on the market for administration of cemeteries in the city of Kragujevac by way of leveraging its market power into the (...)

The Croatian Competition Authority finds no abuse of dominance in the royalty collecting mechanism applied by the national collecting society for copyrighted music (Croatian Composers’ Society)
University of Technology (Tallinn)
On 16 December 2010 the Croatian Competition Authority (AZTN) completed its investigation into the royalties collecting mechanism administered by the national collecting society for copyrighted music – the Croatian Composers’ Society (HDS-ZAMP) and found no abuse of dominant position alleged by (...)

The Macedonian Competition Authority finds an abuse of dominant position on the funeral services market (Komunalec)
University of Technology (Tallinn)
On 18 December 2009 the Macedonian Competition Authority (KZK) found an abuse of dominant position on the market for funeral services rendered on the territory of the municipality of Prilep. The municipal government entrusted the administration of cemeteries and provision of basic funeral (...)

The Paris Court of Appeal holds that the definition of the relevant market requires a specific assessment in cases involving a company providing a service of general economic interest (Vedettes inter-îles vendéennes)
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Dechert (Paris)
In a ruling of 9 June 2009 , the Paris Court of Appeal (the “Court of Appeal”) dismissed an appeal brought by the company Vedettes Inter-iles vendéennes (“VIIV”) against the French Competition Council (the “Council”) decision dated 23 December 2004. The period of 5 years between the decision and the (...)

The European Commission addresses to the Slovak Republic a decision based on Article 86 in conjunction with Article 82 of the EC Treaty finding that the extension of the postal monopoly in Slovakia is illegal (Slovenská Pošta)
European Commission - DG COMP
"Extension of postal monopolies: the Slovak law reserving hybrid mail delivery services for Slovenská Pošta infringed Article 86 in conjunction with Article 82"* I. Context of the procedure On 7 October 2008, the Commission addressed to the Slovak Republic a decision based on Article 86 in (...)

The Lisbon Court of Commerce quashes the Competition Authority’s first ever abuse of dominant position infringement decision in the underground ducts’ telecom network access case, upheld on appeal (PT Comunicações)
European Court of Justice (Luxembourg)
I. The case, the PCA’s decision and the judgments After receiving complaints from telecom undertakings “TvTel Comunicações” and “Cabovisão”, the Portuguese Competition Authority (hereinafter “PCA”) launched an investigation in 2003 into the allegations that Portugal Telecom Comunicações (hereinafter (...)

Mergers

An Italian administrative Court asks the Constitutional Court whether a legislative measure having conditionally cleared the Alitalia/AirOne merger outside ordinary merger control is in compliance with the Italian Constitution (Federconsumatori)
All the undertakings are equal. It happens in Italy, however, that some undertakings are more equal than others and the State allows them to realise a concentration without subjecting them to ordinary merger control rules. The Italian Constitutional Court (Constitutional Court), in a (...)

State Aids

The EU Commission offers valuable guidance on the application of Regulation 1370/2007 on passenger transport services
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Guidance on the Application of Regulation 1370/2007 on Passenger Transport Services* Main points Public service obligations may only be imposed where the market does not provide adequate services in terms of price and/or quality. The selection of (...)

The EU Commission finds the compensation of school bus and tram transport in the Land Rhineland-Palatinat to be compatible with the internal market (Landesbetrieb Mobilität Rheinland-Pfalz)
College of Europe (Bruges)
Price Discounts and Compensation for Public Service Obligations: A Case of Questionable Need for Aid* Main points SGEI can be defined and public service obligations can be imposed only when the market underprovides. The parameters of compensation must be determined in advance. Public service (...)

The European Commission decides that the compensation for the operation of the two additional routes linking Sardinia to the mainland and the recapitalisation measure constituted illegal state aid and orders recovery (Saremar)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog The Importance of Precise Definition of Public Service Obligations* Main points The imposition of a public service obligation must be preceded by market analysis that shows that the market underprovides. For compensation of public service (...)

The EU Commission publishes decision concerning a parafiscal levy intended to fund supposedly public service obligations assigned to French horse racing companies
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Services of General Economic Interest and Horse Racing* Introduction Public authorities often argue that the activities they support are important and that they should be considered as services of general economic interest. However, in many cases (...)

The EU Court of Justice rules on the distribution of powers between the Council and the Commission in the area of state aid enforcement (Alumina)
University of Bristol - Law School
CJEU strengthens Commission’s enforcement monopoly in State aid (C-111/10) and jeopardises its consistent enforcement with other EU policies (C-272/12)* In two recent Judgments of 4 December 2013 (C-111/10, Commission v Council) and 10 December 2013 (C-272/12, Commission v Ireland and Others), (...)

The EU Court of Justice rules on the distribution of powers between the Council and the Commission in the area of state aid enforcement (Commission / Council)
University of Bristol - Law School
CJEU strengthens Commission’s enforcement monopoly in State aid (C-111/10) and jeopardises its consistent enforcement with other EU policies (C-272/12)* In two recent Judgments of 4 December 2013 (C-111/10, Commission v Council) and 10 December 2013 (C-272/12, Commission v Ireland and Others), (...)

The EU General Court rejects the appeal against a budgetary grant in favour of the state owned television company without providing any further explanation on the matter of inefficient undertakings assigned with PSOs (Télévision française 1)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Tax Hypothecation and Economic Efficiency under Altmark: T-275/11, French Television 1 v Commission* Background France Télévisions is a limited company wholly owned by the French State. As France abolished advertising on public television, it also (...)

The EU General Court clarifies the nature of SGEI and affirms that it is necessary to identify the presence of market failures justifying the grant of compensation (Colt Télécommunications France)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure* Introduction The posting reviews three recent rulings of the General Court. They are significant because they introduce substantial nuances in (...)

The EU General Court annuls the Commission decision rejecting the accuracy of the economic calculations concerning the rate of interest that a hypothetical private investor would have paid in a similar situation (Poste Italiane)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure* Introduction The posting reviews three recent rulings of the General Court. They are significant because they introduce substantial nuances in (...)

The EU General Court reinforces the doctrine of inseparability in relation to compensation for public service obligations assigned to environmental organizations (Germany/Commission)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. The Emerging Doctrine of Inseparability and Compensation for Public Service Obligations [T-347/09, Germany v Commission]* Introduction In the landmark judgment in Leipzig Halle, the General Court stated that infrastructure which is inseparable (...)

The EU Commission clarifies the relation between Altmark criteria and public procurement rules (SNCM Corse-Méditerranée)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. Altmark and Public Procurement: Definition and Award of Contracts* Introduction Ever since the Court of Justice ruled on Altmark ten years ago there has been a growing literature on the specific conditions that have to be satisfied so that public (...)

The EU Court of Justice decides that the Flemish tax incentives and subsidy mechanisms are liable to be classified as state aid (Eric Libert)
College of Europe (Bruges)
Restrictions on Sale of Land and Social Housing* Introduction This posting reviews the judgment of the Court of Justice of the European Union in two joined cases: Eric Libert, et al v Gouvernement Flamand, (C-197/11) and All Projects & Developments NV and Others v Vlaamse Regering, (...)

The European Commission issues a state aid decision concerning compensation for the provision of SGEI and orders the immediate and effective recovery of the illicit aid (Marseille -Corsica ferries)
Mircea & Partners (Bucharest)
Introduction The decision in discussion was issued by the European Commission on 2 May 2013 and established that the public service delegation contract for passenger shipping services between Marseille and Corsica did not satisfy the four cumulative conditions set out in Altmark. The (...)

The European Commission approves a state aid for the expansion of a gas storage facility that could enable the entry of more gas suppliers on the Polish market (PGNiG)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. How to Use Economic Tools to Ensure the Proportionality of Aid (Commission Decision SA.34938 on a gas storage facility in Poland)* Introduction Normally, economic analysis is used by the Commission to find out whether a measure confers an abnormal (...)

The EU General Court annuls the Commission’s decision by which it approved all of the measures adopted by France in favour of Corsica ferries (Corsica Ferries France)
Mircea & Partners (Bucharest)
A. Essential factual and legal aspects The shipping company, Corsica Ferries France SAS, applicant in the present dispute, offers regular ferry services to Corsica departing from continental France (Marseille, Toulon and Nice) and Italy. The shipping company and beneficiary of the aid measure (...)

The European Commission adopts new package to assess the public compensation granted to services of general economic interest
Van Bael & Bellis (Brussels)
The European Commission has adopted a revised package to assess the public compensation granted to services of general economic interest (“SGEI”) under the EU state aid rules: a new Communication clarifies key concepts underlying the application of the State aid rules to public service (...)

The European Commission adopts a communication on the application of the EU State aid rules to compensation granted for the provision of services of general economic interest (SGEI)
European Commission - DG COMP
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European Commission - DG COMP
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European Commission - DG COMP
"The SGEI Communication"* 1. Introduction: The Communication and its role in the new SGEI package This article is the second in a series explaining the rationale behind the new SGEI package, highlighting the most important features and novelties and introducing the new texts. The (...)

The European Commission adopts new State aid rules for services of general economic interest (SGEI)
European Commission - DG COMP
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European Commission - DG COMP
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European Commission - DG COMP
"The New State Aid Rules for Services of General Economic Interest (SGEI): the Commission Decision and Framework of 20 December 2011"* 1. Introduction: the 2011 package On 20 December 2011, the European Commission adopted a new package of State aid rules for services of general economic (...)

The European Commission adopts a new package of State aid rules for services of general economic interest (SGEI)
European Commission - DG COMP
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European Commission - DG COMP
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European Commission - DG COMP
"The New State Aid Rules for Services of General Economic Interest (SGEI)"* On 20 December 2011, following extensive public consultations, the European Commission adopted a new package of State aid rules for services of general economic interest (SGEI). This article offers an overview of the (...)

The European Commission decides that French bank was not overcompensated for collecting funds to finance social housing (Crédit Mutuel-Livret bleu)
University Luiss Guido Carli - GRIF (Rome)
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European Commission - DG COMP
"State aid: main developments between 1 May and 31  August 2011"* On 24 May 2011, following a formal investigation started in 1998, the Commission decided that Crédit Mutuel was not overcompensated for distribution of the Livret bleu savings account in France. In 1975 France created the (...)

The European Commission rules that a French bank was not overcompensated for collecting funds to finance social housing (Crédit Mutuel-Livrets bleu)
European Commission - DG COMP
Services of general economic interest: Crédit Mutuel decision - not overcompensated* This article concerns the Commission’s assessment of a service of general economic interest (SGEI) in the banking sector, namely the decision closing the formal investigation of Crédit Mutuel‘s Livrets Bleusavings (...)

The European Commission authorises public assistance to UK postal services operator ruling that the aid was compatible with EU rules because it does not overcompensate the net costs of the important public service tasks entrusted and therefore did not give any unfair competitive advantage (UK Post Office Limited)
European Commission - DG TRADE
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European Commission - DG COMP
Services of general economic interest: UK Post Office Ltd* On 23 March 2011 the European Commission authorised public assistance to the UK Post Office Ltd (POL), for a period of one year starting on 1 April 2011, for the funding of its network of post offices and the continuation of existing (...)

The European Commission adopts a communication on the revision of EU State aid rules on services of general economic interest (SGEI) and a report on their application
European Commission - DG COMP
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European Commission - DG COMP
State aid: main developments between 1 January and 30 April 2011* On 23 March, the Commission also adopted a Communication on the revision of European Union State aid rules on Services of General Economic Interest (SGEI) and a report on their application. These rules, also known as the 2005 (...)

The European Commission publishes a guide to help public authorities understand how Member States may finance services of general interest in compliance with State aid rules
European Commission - DG COMP
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European Commission - DG COMP
State aid: main developments between 1 January and 30 April 2011* On 28 January the Commission published a guide to help public authorities understand how Member States may finance services of general interest in compliance with State aid rules. The ’Guide to the application of the European (...)

The European Court of Justice confirms General Court’s annulment of the Commission decision in a State aid case (Deutsche Post)
Van Bael & Bellis (Brussels)
On 2 September 2010, the Court of Justice handed down its judgment in the Deutsche Post State aid case. It rejected the Commission’s appeal, thereby confirming the annulment of the Commission decision in question. Deutsche Post operates both in the mail delivery sector, in which it enjoys a (...)

The European Commission launches a public consultation on the application of its 2005 package on services of general economic interest
European Commission - DG COMP
"State aid: main developments between 1 May and 31 August 2010"* On 12 May the Commission has launched a public consultation on the application of its 2005 Package on Services of general economic interest (SGEI). The Package sets out guidance as to when State funding of SGEIs is compatible (...)

The ECJ Advocate General Jääskinen agrees with the General Court’s ruling in a recovery State aid case in the postal sector (Deutsche Post)
Van Bael & Bellis (Brussels)
In an opinion issued on 24 March 2010, Advocate General Niilo Jääskinen agrees with the judgment given by the General Court (hereinafter the “GC”) in 2008 by which the GC overturned a Commission decision ordering Deutsche Post to repay € 572 million of state aid. According to the AG, the Commission (...)

The European Commission issues guidelines for the application of State aid rules in relation to rapid deployment of broadband networks
European Ombudsman
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European Commission - Secretariat General
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European Commission - DG ECFIN
"The new State Aid Broadband Guidelines: not all black and white"* I. General context A. The importance of broadband development There is widespread consensus on the crucial impact of broadband development for economies and societies. Broadband networks have the potential to affect (...)

The European Commission revises its communication on State aid and public service broadcasting
European Commission - DG COMP
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European Commission - DG COMP
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European Commission - DG COMP
"The 2009 Broadcasting Communication"* On 2 July 2009 the Commission revised its 2001 Communication on State aid and public service broadcasting. After three public consultations, the revised Communication clarifies the legal framework for the expansion of public service broadcasters onto new (...)

The EU Court of First Instance annuls a Commission decision in a State aid case and holds that the Commission failed to examine whether the State measures exceeded the costs incurred by postal incumbent postal in performing services of general economic interest (Deutche Post)
Van Bael & Bellis (Brussels)
On 1 July 2008, the Court of First Instance (hereinafter ‘the CFI’) annulled the Commission decision which had found that certain measures of the German authorities in favour of Deutsche Post amounted to State aid incompatible with the common market. The CFI held, in particular, that the (...)

The European Commission holds that the remuneration fee paid for the distribution of postal savings books does not constitute State aid because this remuneration is in line with the principles established by the European Court of Justice (Cassa Depositi e Prestiti, Poste Italiane)
European Commission - DG COMP
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European Commission - DG BUDG
"Poste Italiane: a market fee can fulfil the Altmark criteria"* On 22 November 2006, the Commission has decided that the remuneration fee paid by ‘Cassa Depositi e Prestiti’(CDP) to ‘Poste Italiane’(PI) for the distribution of postal savings books as of 2004 does not constitute State aid because (...)

The Bulgarian NCA cleared a State aid in the form of compensation for public transportation services under national State aid rules (Elena Avtotransport)
Kinstellar (Sofia)
By this Decision of 2 November 2006 the Bulgarian Commission for Protection of Competition (“the Commission”) cleared a State aid in the form of compensation for public transportation services, provided on the territory of Municipality of Elena, North-Eastern Bulgaria, by the transport operator (...)

The French Administrative Supreme Court confirms the classification as State aid of the subsidies granted for handling small orders of French-language books but refers to the ECJ for a preliminary ruling concerning the range of the obligation of restitution of an unnotified aid (CELF I)
Schmitt Avocats
By a decision of 5 October 2004, the Administrative Court of Appeal of Paris classified as a State aid the subsidies granted by the French State to the Centre d’Exportation du Livre Français (“CELF”), entity created at the end of the 70’s to contribute to the diffusion of French-language books (...)

The European Commission approves € 47.3 million operating aid in favor of a Dutch public company operating in the hazardous waste treatment (AVR)
European Commission - DG COMP
"State aid for hazardous waste treatment: the case of AVR, the Netherlands"* On 22 June 2005, the European Commission has approved € 47.3 million operating aid in favour of AVR of the Netherlands for hazardous waste disposal. € 2.4 million — compensation for the cost of acquisition of the (...)

A French Court orders the Ministry of Culture to recover unnotified State aids having found no relevant public service obligations (CELF I)
Schmitt Avocats
By decision of 5 October 2004, the Administrative Court of Appeal of Paris applied Article 93(3) EC Treaty (today Article 88 EC) and ordered the reimbursement of aids paid without beforehand notification to the European Commission. The French Court also applied the principles and criteria set (...)

The EU Court of First Instance delivers a judgment on the notion of State aid addressing the issue of the compensation for services of general economic interest (Altmark)
European Commission - DG COMP
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European Commission - DG MOVE
"Compensation for services of general economic interest: some thoughts on the Altmark ruling"* 1. Introduction With the Altmark judgement, the European Court of Justice has uttered the last word in a longstanding dispute: is compensation for services of general economic interest (SGEI) a (...)

The European Commission adopts a methodology for analysing State aid linked to stranded costs that sets up the criteria it shall use to examine whether a stranded costs compensation mechanism that constitutes State aid can be authorized under the EC Treaty
European Commission - DG COMP
"A methodology for analysing State aid linked to stranded costs"* 1. The ‘stranded costs’ concept At the time the European electricity market was not liberalised, recovery of all investments by electricity undertakings was achieved through adequate tariff fixation by the States. In these (...)

The European Commission proposes change to the directive on the transparency of financial relations between Member States and public undertakings
European Commission - DG COMP
"Commission proposes change to Transparency Directive"* The Commission has accepted on 30 March 1999 a draft amendment to the so-called Transparency Directive 80/723/CEE. This Directive in its present form allows the Commission to investigate into the financial relations between Member States (...)

Procedures

The Irish Supreme Court overturns the High Court’s definition of the term undertaking in order to include organisations whose primary objective goes beyond profit-making (Deane/Voluntary Health Insurance Board)
London School of Economics
Facts In the present case, the plaintiffs were trustees of a religious order and, in that capacity, owned a private hospital. They initiated a series of actions before the High Court, which were later joined, contesting, inter alia, the inclusion of their hospital in the defendant’s health (...)

Regulations

The French Competition Authority welcomes the fact that all electricity suppliers are now allowed to offer their customers social electricity tariffs
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence welcomes the fact that all electricity suppliers are now allowed to offer their customers social electricity tariffs. It also recommends that the government initiate an (...)

The French Competition Authority issues a number of recommendations on the optical fibre roll-out
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. At the request of the Senate, the Autorité de la concurrence reminds public authorities of the competitive framework within which they can participate in the roll-out of very high speed broadband via (...)

The Italian First administrative Court annulls an NCA’s infringement decision by applying the State action defence doctrine (Recycling of exhausted batteries)
Bonelli Erede (Rome)
By its judgment delivered on 9 March 2010, the Italian First Instance Administrative Court (“Tar Lazio”) annulled the Italian Competition Authority’s (“ICA”) infringement decision in the “Recycling of exhausted batteries” case, stating that COBAT (the Italian consortium for the collection and (...)

The French Competition Authority issues an opinion on the conditions in which a basic banking service might be set up (Confédération de la Consommation du Logement et du Cadre de Vie)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Universal banking service and competition rules: The Conseil de la concurrence issues its opinion at the request of the CLCV.* The Conseil received a referral from the Confédération de la Consommation du (...)

Public sector

The EU Court of Justice shows excessive deference towards social policy in public procurement: social housing schemes may not be public contracts (Libert)
University of Bristol - Law School
In its Judgment of 8 May 2013 in Joined Cases C-197/11 & C-203/11 Libert and Others, the Court of Justice of the European Union has quashed the Belgian ’Living in Your Own Region’ scheme, whereby the acquisition of land and property in certain parts of the country was restricted on grounds of (...)

The EU Court of Justice reaffirms its dictum on in-house providing as an exception to the applicability of the EU public procurement directives (Econord / Varese)
University of Bristol - Law School
In-house providing and (minimum) "effective" public control: Sunset or breaking dawn for purely public (commercial) service providers? (C‑182 and 183/11)* In its Judgment of 29 November 2012 in Joined Cases C‑182/11 and C‑183/11, Econord SpA v Comune di Cagno and Comune di Varese (C-182/11) and (...)

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