State measure

Institution Definition

Law, ministerial decree, decision or other administrative act adopted by a Member State. A Member State’s omission to act may also constitute a measure. The Commission may start infringement proceedings if state measures taken in relation to public undertakings and undertakings to which Member States grant special or exclusive rights contravene EU competition law. © European Commission

Case Comments

Bruno Stromsky Incompatible aid: The General Court of the European Union confirms that the Commission correctly applied the genuine need test to marketing services purchased by a small airport (Ryanair)

The Ryanair ruling of June 14, 2023 sheds further light on the applicability and application of the private operator principle in a market economy, in the specific context of contracts concluded between the State or airports, on the one hand, and airlines, on the other, particularly low-cost (...)

Alain Ronzano Compatible aid: The General Court of the European Union annuls the Commission’s decision approving an aid measure in favour of Italian airlines in the context of the pandemic (Ryanair)

On May 24, 2023, the European Court of First Instance handed down a new ruling in the saga of aid granted by Member States to their national airlines to cope with the economic impact of the Covid-19 health crisis. The judgment was delivered in case T-268/21 (Ryanair v. European Commission).. (...)

Jacques Derenne, Clélia Jadot Compatible aid: The General Court of the European Union annuls the Commission’s decision not to raise objections under Article 107(2)(b) TFEU in respect of a compensation scheme for failure to state reasons (Ryanair)

This ruling comes in the wake of numerous appeals lodged by Ryanair against decisions authorizing aid in the aviation sector during the COVID-19 pandemic. Factual and legal context In May 2020, Italy set up a compensation fund (130 million euros) for damages suffered by the aviation sector (...)

Philippe Reich, Boris Wenger, Roger Thomi The Swiss Federal Council decides to revise the draft investment control law and limit it to acquisitions of national companies by foreign State-controlled investors in critical sectors

In brief Following pressure from parliament, the Swiss Federal Council last year launched a consultation process on new legislation for the review of foreign investments. In May 2023, the Swiss Federal Council has taken note of the results of the consultation on the proposed investment (...)

Francesco Martucci Exclusive rights: The French Supreme Court stays its decision until the European Commission has assessed whether the exclusive rights granted to the French incumbent operator involve State aid (La Française des Jeux)

Do the exclusive rights granted to La Française des Jeux [(hereinafter "LFDJ") involve State aid? We asked ourselves this question (F. Martucci, "La réforme des jeux d’argent et de hasard et le droit du marché intérieur de l’Union européenne", in S. Martin, J.-B. Vila (dir.), La réforme du (...)

EFTA Surveillance Authority The EFTA Surveillance Authority approves a grant scheme for businesses in Liechtenstein particularly affected by the severe rise in energy prices caused by the Russian aggression against Ukraine

ESA approves Liechtenstein grant scheme for businesses affected by rising energy prices* The EFTA Surveillance Authority (ESA) has today approved a grant scheme for businesses in Liechtenstein particularly affected by the severe rise in energy prices caused by the Russian aggression against (...)

Jean-Michel Vertut International jurisdiction : The Court of Justice of the European Union rules that the Minister’s action for abusive practices with evidences obtained by means of his specific investigation powers does not fall within the scope of civil and commercial matters within the meaning of EU Regulation 1215/2012 (Brussels I bis), for the determination of the jurisdiction (Eurelec Trading ; Scabel)

Facts and procedure. It will be recalled that in a press release dated July 22, 2019 (Press release n° 1354) B. Le Maire and A. Pannier-Runacher announced a summons before the Commercial Court of Paris against four entities of the E. Leclerc movement (Eurelec Trading, Scabel, Galec and ACDLEC) (...)

Articles

Paul Nihoul, Peter Rodford EU Electronic Communications Law (ed.2)

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Sophie Nicinski Droit public de la concurrence

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

American Bar Association The Noerr-Pennington Doctrine

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Farouk Er-razki La concurrence, Emmanuel COMBE

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Darren Brady Nelson Antitrust, anti-competition: Lessons from economics

Textbook economics provides the foundation for the legislative creation of, judicial interpretation about, and public support for, antitrust. The inbuilt bias against markets is already apparent by the wording that suggests markets have “forces” and “power”; monopolies are “natural”; and that (...)

Events

Camilla Jain Holtse, Charles Malaise, Matthew Levitt, Eddy de Smijter, John Taladay Global Antitrust Hot Topics #3 In-house Counsel Round-Table: New Opportunities and Challenges & Closing discussion

3rd Webinar of the « 8th Global Antitrust Hot Topics Conference » organised by Concurrences, in partnership with Baker Botts, with Camilla Holtse (Associate General Counsel - Head of Competition Law & Policy, Maersk), Charles Malaise (Chief Counsel, Antitrust & Regulatory Counsel, Koch Industries), [Miriam van Heyningen] (Senior Legal Counsel, Shell), Matthew Levitt (Partner, Baker Botts), and closing discussion by Eddy De Smijter (Head of A5 Unit in charge of international relations, DG COMP) and John Taladay (Partner, Baker Botts).

Paul Csiszar, Andrea Collart, Pascal Belmin, Luc Gyselen Security of Supply Chains: How to address it in Covid-19 and beyond?

Webinar of the "#NewAntitrust" Webinar Series organised by Concurrences, in partnership with Arnold & Porter and Avisa Partners, with Paul Csiszar (Director, Markets and cases IV: Basic industries, Manufacturing and Agriculture, DG COMP), Pascal Belmin (Head of EU regulatory affairs, Airbus), Andrea Collart (Partner, Avisa Partners) and Luc Gyselen (Partner, Arnold & Porter).

Georges Siotis, Jacques Derenne, François-Charles Laprévote, Nicole Robins WEBINAR #3 State aid in the COVID-19 context

Third Webinar of the "Quarantine Webinar Series" organised by Concurrences with Jacques Derenne (Partner, Sheppard Mullin – Associate Professor, Liège University & Brussels School of Competition), François-Charles Laprévote (Partner, Cleary Gottlieb), Nicole Robins (Partner, Oxera) and Georges Siotis (Consultant, Compass Lexecon – Associate Professor, University Carlos III Madrid).

Andrew C. Finch, Damien Neven, Daniel A. Crane, Douglas H. Ginsburg, Eric R. Emch, James F. Rill, Jay Jurata, Joshua D. Wright, Justus Herrlinger, Keith Hylton, Marina Lao, Michael A. Salinger, Michael L. Keeley, Richard Steuer, Roger Alford, Scott Sher, Terry Calvani, Timothy Cornell An Antitrust Professor on the Bench - Judge Douglas Ginsburg Liber Amicorum Conference

George Mason University Global Antitrust Institute + Concurrences conference honoring Judge Douglas Ginsburg and the release of the book "Judge Douglas Ginsburg: An Antitrust Professor on the Bench - Liber Amicorum Vol. I", with the support of Axinn, Bates White, Clifford Chance, CRA, Orrick, White & Case, Wilson Sonsini Goodrich & Rosati (Panel Sponsors), and MLex (Media Sponsor).

Adriana Franco Giannini, Anthony Woolich, Cristiane Schmidt, Daniel Rubinfeld, Eleanor M. Fox, Elizabeth Kraus, Felipe Irarrazabal, Frederic Jenny, Gönenç Gürkaynak, Harry First, Ioannis Lianos, James Killick, Jason Wu, Joanna Tsai, Koren W. Wong-Ervin, Makan Delrahim, Martha Martinez Licetti, Paul Csiszar, Randolph Tritell, Roger Alford, Rosie Lipscomb, Scott Hemphill, Simon Roberts, Susan Jones, Susan Ning, Tembinkosi Bonakele, Trevor W. Morrison Antitrust in Developing Countries: Competition Policy in a Politicized World

Annual Concurrences & NYU School of Law conference, with the support of Baker McKenzie, Charles River Associates, Compass Lexecon, ELIG Attorneys-at-Law, HFW, King & Wood Mallesons, and White & Case (Panel Sponsors) and MLex and PaRR (Media Sponsors).

Books

Chapters

William E. Kovacic Douglas H. Ginsburg Liber Amicorum : An Antitrust Professor on the Bench Vol. II Norms that Promote Long-Term Institutional Improvement in the Face of Leadership and Regime Changes

99 Norms that Promote Long-Term Institutional Improvement in the Face of Leadership and Regime Changes w IllIaM e. K O vacIc * George Washington University Law School Abstract Judge Douglas Ginsburg's career is a gallery of extraordinary accomplishment and distinction. He excelled first as a (...)
Susan Ning Antitrust in Emerging and Developing Countries: Featuring Africa, Brazil, China, India, Mexico - Conference Papers 2nd Edition Part I: State Involvement in a Market Economy
China’s Anti-Monopoly Law and Its Enforcement Against State Monopolies: Achievements and Limitations

ANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2015 E DITION 9 China’s Anti-Monopoly Lawand Its Enforcement against State Monopolies: Achievements and Limitations SUSAN NING * susan.ning@cn.kwm.com Partner, King & Wood Mallesons Abstract This paper tries to brie?y introduce China’s attempt (...)
Jonathan M. Orszag Antitrust in Emerging and Developing Countries: Featuring Africa, Brazil, China, India, Mexico - Conference Papers 2nd Edition State Involvement in a Market Economy: Principles to Guide Interventions and a Discussion about Network Industries

ANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2015 E DITION 21 State Involvement in a MarketEconomy: Principles to Guide Interventions and a Discussion about Network Industries JONATHAN ORSZAG * jorszag@compasslexecon.com Senior Managing Director, Compass Lexecon Abstract This paper (...)
Antitrust in Emerging and Developing Countries: Featuring China, India, Mexico, Brazil, South Africa Mergers (and Similar Arrangements) in Brazil: Reflections of an Experience as a Commissioner

ANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2014 E DITION 23 Mergers (and Similar Arrangements) in Brazil: Re?ections of an Experience as a Commissioner ALESSANDRO OCTAVIANI aleoctaviani@gmail.com Former Commissioner, Administrative Council for Economic Defense, Brasilia Professor, (...)
Tania Begazo-Gomez Antitrust in Emerging and Developing Countries: Featuring China, India, Mexico, Brazil, South Africa Part IV: Kenya & South Africa
Competition in Kenya and Its Impact on Income and Poverty: The Case of Sugar and Maize

ANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2014 E DITION 123 Competition in Kenya and Its Impact on Income and Poverty: The Case of Sugar and Maize JONATHAN ARGENT JArgent@worldbank.org Economist, Trade and Competitiveness Global Practice, World Bank Group TANIA BEGAZO (...)
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