Privatization

The establishment as such of State aid cannot result from a judicial decision* On 5 May 2004, Latvia adopted a Law (in force from 8 June 2004 to 31 December 2014) seeking to amend the procedure applicable to the sale by electricity producers of surplus production at an increased tariff. That (...)

The New Caledonia Competition Authority (ACNC) issues a submission on the territory’s air transportation sector* Background With fares consistently 40 to 80% higher than in neighbouring countries, the air transportation market in New Caledonia, although legally open, does not genuinely (...)

ACCC appeals in NSW Ports competition case* The ACCC has lodged an appeal against the Federal Court’s decision to dismiss the ACCC’s proceedings against NSW Ports Operations Hold Co Pty Ltd and its subsidiaries Port Botany Operations Pty Ltd and Port Kembla Operations Pty Ltd (together, NSW (...)

Court dismisses ACCC case against NSW Ports* The Federal Court has dismissed the ACCC’s proceedings against NSW Ports Operations Hold Co Pty Ltd and its subsidiaries Port Botany Operations Pty Ltd and Port Kembla Operations Pty Ltd (together: NSW Ports). The proceedings concerned (...)

The Share of State Participation in the Financial Market Should Be Reduced* The FAS Russia proposes to develop a Concept of state participation in the financial services market Conclusion of the FAS is contained in the Report on state of competition in the Russian Federation in 2019. The (...)

Opening up bus networks in Ile-de-France to competition: the Autorité issues an opinion to Île-de-France Mobilités on the competitive bidding process of middle and outer rings of Greater Paris bus lines* Background Following a referral by the Île-de-France Transport Trade Association, also (...)

The Mexican Federal Government energy policies since the current Government took office two years ago have been scrutinized by the Federal Commission of Economic Competition (Comisión Federal de Competencia Económica) (“COFECE”, by its Spanish acronym) as they have raised doubts regarding (...)

The Liberalization of the Natural Gas Market Should Lead to Price Reduction* In the context of the liberalization of the gas market for household consumers, the Competition Council points out that both at wholesale and retail level (household customers), there must be a normal competitive (...)

The CC develops a self-assessment tool, aimed at facilitating assessment of participation of public administrative bodies in a capital company* In 2020, majority of public administrative bodies pursuant to Section 88 of the State Administration Structure Law (the SASL) are obliged to carry (...)

On 26 March 2020, the Court of Justice partially annulled the judgment of the General Court concerning State aid granted by Greece in the context of the privatisation of Larko, a large nickel producer. The Court of Justice found that the ruling at first instance had wrongly applied the Private (...)

Advantage Must be Proven, Not Assumed* Introduction When a company gets into financial trouble, public subsidies may provide a temporary respite but hardly ever a permanent solution if the company does not undertake painful restructuring. More than 10 years ago, Larko, a Greek mining (...)

In a decree dated October 17, 2019, the Government specified the terms and conditions for the application of State control over La Française des Jeux. It should be recalled that the Covenant Act provided for the privatization of this company by authorizing the transfer to the private sector of (...)

The Greek Regulatory Authority for Railways (RAS) has handed down its long-awaited Decision in TRAINOSE SA. The Decision gears towards the hearing of TRAINOSE SA because of a complaint made by another rail freight company, RCLG SA. It relates to competition concerns due to potential abuses of (...)

The management of Toulouse-Blagnac airport, which is the third largest regional airport in France with more than 9 million passengers a year, was long granted by the State to the Toulouse Chamber of Commerce and Industry (CCI) and in 2007 was entrusted to ATB, whose capital was then entirely (...)

The privatization of Aéroports de Paris (ADP) will have caused a lot of ink to flow, and is likely to cause further turmoil. The principle has been decided by Article 135 of Law No. 2019-486 of 22 May 2019 on the growth and transformation of enterprises, which soberly states that "the transfer (...)