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Exclusive or special rights under article 106 TFEU: An overview of EU and national case law

1. Introduction EU competition law does not only consist of rules addressed to undertakings, such as Articles 101 and 102 TFEU. It also includes certain rules addressed to Member States in order to control and to limit (at least to some extent) their interventions in the marketplace. The best known of these rules are Articles 107 and 108, which concern State aid. However, even if the concept of State aid has become increasingly elastic, it does not embrace all possible State measures which distort competition. For instance, it does not cover those State measures which distort the market but do not provide a financial advantage to certain undertakings. Nevertheless, the Treaty contains another provision relating to anticompetitive measures adopted by Member States: Article 106 TFEU.

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José Luis Buendia Sierra, Exclusive or special rights under article 106 TFEU: An overview of EU and national case law, 23 March 2016, e-Competitions Exclusive rights (Art. 106 TFEU), Art. N° 44436

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