The EU Commission finds that the transfer of trademarks to the Danish Dairy Board is illegal State aid (Lurpak)

Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships with a party or related third party. Article will need e-Competitions Board approval before publication.

Transfer of Trademarks* The free transfer of a trademark that belongs to the state confers two possible advantages to the new owner if there is a market for that trademark Introduction When a public authority places at the disposal of an undertaking a public asset, it confers to that undertaking a competitive advantage. The competitive advantage is eliminated whenever that public authority charges a market price. A public asset, in this sense, can be anything for which there is a market, such as a building, a piece of land, a piece of paper such as a tradable emission permit or any transferable licence such as a taxi permit. For such assets markets do exist because the assets can be sold or rented out to third parties. After all, the essence of the market is that it is a mechanism

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Phedon Nicolaides, The EU Commission finds that the transfer of trademarks to the Danish Dairy Board is illegal State aid (Lurpak), 5 May 2017, e-Competitions Bulletin May 2017, Art. N° 89922

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