This Glossary matches the list of keywords used by Concurrences search engine. Each keyword is automatically updated by the most recent EU and national case laws from the e-Competitions Bulletin and Concurrences Review. The definitions are excerpt from DG COMP’s Glossary of terms used in EU competition policy (© European Union, 2002) and the OECD’s Glossary of industrial organisation economics and competition law (© OECD, 1993).

State aid (recovery)

If the Commission has taken a negative decision in the context of aid that has already been paid out, the Commission requires the Member State to recover the aid with interest from the beneficiary (unless such recovery would be contrary to a general principle of EU law). In this case, the Commission opens a ’recovery case’ to enforce the implementation of its decision. If the Member State does not comply with the decision in due time, the Commission may refer it to the European Court of Justice (ECJ), without initiating an infringement procedure under Article 258 TFEU. The aim of recovery is to remove the undue advantage granted to a company (or companies) and to restore the market to its state before the aforementioned aid was granted. There is a limitation period of ten years for recovery. European Commission

Related EU and national case law

Isabel Taylor State aid and judicial review: An overview of EU and national case law

19 November 2020

This Special Issue of e-Competitions contains a compilation of annotations of case law in relation to judicial review of State aid decisions. The cases concern a wide range of measures, including land transactions, guarantees, renewable energy levies, settlement agreements and tax rulings and cover many different sectors, including energy, public infrastructure, car manufacturing, chemicals and pharmaceuticals, aviation and professional football.

Alain Ronzano Recovery: The General Court of the European Union concludes, in the case of the Spanish tax leasing scheme, that there is a selective advantage resulting from the discretionary power of the tax authorities to grant the aid and confirms the obligation of recovery from the identified beneficiaries (Lico Leasing, Pequeños y Medianos Astilleros Sociedad de Reconversión)

23 September 2020

On 23 September 2020, the General Court of the European Union once again ruled in the case of the Spanish tax leasing scheme. The contested measures concern the Spanish tax leasing scheme (RELF), which is designed to enable shipping companies to acquire ships built by Spanish shipyards at (...)

General Court of the European Union The EU General Court rules that the Spanish tax system applicable to certain finance lease agreements entered into by shipyards constitutes an aid scheme and that the unlawful State aid granted under that system must be recovered from the beneficiaries (Spanish Tax Lease System)

23 September 2020

The Spanish tax system applicable to certain finance lease agreements entered into by shipyards constitutes an aid scheme* The unlawful State aid granted under that system must be recovered from the beneficiaries In 2006, the European Commission received a number of complaints concerning the (...)

Markus Wellinger, Francesco Pili The EU General Court dismisses the actions for annulment in the "Spanish tax lease" saga (Spanish tax lease system)

23 September 2020

On 23 September 2020, the General Court delivered another judgment in the “Spanish tax lease saga”, concerning certain aid measures granted through tax provisions applicable to agreements put in place for the financing and acquisition of vessels in Spain. This judgment follows the annulment and (...)

Raphaël Vuitton State aid scheme: The General Court of the European Union confirms, after having seen a first judgment overturned by the Court of Justice, a decision of the European Commission declaring the Spanish tax leasing scheme set up for the financing and acquisition of ships illegal and incompatible with the internal market (Spain / Commission)

23 September 2020

The contentious series relating to the Spanish tax leasing scheme ("RELF"), which began in 2013, has just seen a new episode in the form of a judgment of the Court of First Instance of 23 September 2020. Before examining this judgment, it should be recalled that RELF is based on a complex (...)

Markus Wellinger, Francesco Pili The EU Court of Justice clarifies some aspects of State aid related to social security contributions (Ministre de l’Agriculture et de l’Alimentation / Compagnie de pêche de Saint-Malo)

17 September 2020

On 17 September 2020, the Court of Justice (the “ECJ” or “Court”) answered several questions raised by a request for a preliminary ruling from the French Conseil d’État, with regard to the interpretation of Commission Decision 2005/239/EC (the “Decision at issue”). This Decision concerned certain aid (...)

Raphaël Vuitton Incompatible aid: The Court of Justice of the European Union declares the European Commission’s 2004 decision stating that the aid granted in the form of relief from social security contributions following the Erika disaster was illegal and incompatible with the common market, while it was seized of a request for interpretation of the terms and conditions for implementing this decision (Compagnie des pêches de Saint-Malo)

17 September 2020

In order to alleviate the consequences of the oil slick caused by the sinking of theErika in the Bay of Biscay on 12 December 1999 and the damage caused by the storm Lothar on 27 and 28 December 1999, France adopted support measures for fishermen and fish farmers in April and July 2000. These (...)

Francesco Martucci, Anne-Clémence Laprée Illegal aid: The French Supreme Administrative Court condemns the State to pay a sum of 10 million euros to a company harmed by the granting of an illegal aid to a competitor (SIDE)

22 July 2020

By a decision dated 22 July 2020, the Conseil d’État confirmed compensation for damage suffered by a company affected by unlawful State aid paid to a competitor. This judgment is the culmination of the CELF saga which began in 1992 concerning aid measures granted by the French authorities to a (...)

General Court of the European Union The EU General Court annuls the Commission’s decision regarding the Irish tax rulings in favour of a Big Tech firm (Apple)

15 July 2020

The General Court of the European Union annuls the decision taken by the Commission regarding the Irish tax rulings in favour of Apple* The General Court annuls the contested decision because the Commission did not succeed in showing to the requisite legal standard that there was an advantage (...)

Dimitrios Kyriazis The EU General Court overturns the Commission’s biggest State aid recovery order worth over €13 billion in tax advantages (Apple)

15 July 2020

Apple: One Case to Rule Them All* Some cases just have it all; the Apple case is one of them. First, size: at more than thirteen billion euros, the recovery order Ireland had to enforce dwarfed the previously biggest one (EDF, at around one billion euros). Second, international political (...)

Richard Sultman, Sean Mernagh, François-Charles Laprévote The EU General Court strikes down the Commission’s decision ordering Ireland to recover €13 billion from a big tech company for illegal State aid (Apple)

15 July 2020

On July 15, 2020, the European Union’s second- highest court, the General Court (the “Court”), annulled the 2016 decision of the European Commission (the “Commission”) ordering Ireland to recover €13 billion (€14.3 billion with interest) in back-taxes from Apple which the Commission considered to be (...)

Denis Waelbroeck, Donald Slater The EU General Court quashes a €13 billion tax ruling fine on a multinational technology company (Apple)

15 July 2020

€13 billion Apple tax recovery decision quashed On 15 July 2020, the EU General Court ("GC") handed down its much awaited judgment in the Apple case. It overturned the European Commission’s ("Commission") decision ordering Ireland to recover EUR 13 billion (plus interests) in illegal State aid (...)

Markus Wellinger, Francesco Pili The EU General Court annuls the Commission’s decision concerning the tax rulings in favor of a Big Tech company (Apple)

15 July 2020

On 15 July 2020, the General Court (the “GC”) annulled the European Commission’s (the “Commission”) decision of 30 August 2016 concerning tax rulings adopted by the Irish authorities in relation to two companies forming part of the Apple Group (the “Contested Decision”). The Contested Decision found (...)

Jacques Derenne, Caterina Romagnuolo Tax ruling: The General Court of the European Union annuls a decision of the European Commission on Irish tax rulings for lack of evidence of an advantage (Apple)

15 July 2020

Continuation of the saga of tax ruling / tax rescripts and state aid cases. After the annulment of the ’excess profits’ decision (Belgium - judgment under appeal and annulled decision in the process of being overturned) and the ’Starbucks’ decision (Netherlands - no overhaul in sight), it is now (...)

Francesco Martucci, Anaëlle Sérani Incompatible aid: The French Supreme Administrative Court reiterates the impossibility of holding the State liable for the damage suffered by a company receiving incompatible State aid (Valette)

10 July 2020

In a judgment dated 10 July 2020, the Conseil d’État confirmed its case law ruling that a company receiving incompatible aid may not claim that the State is liable for the payment of that aid. In the present case, it dismissed the appeal brought by EARL Valette in proceedings relating to the (...)

Francesco Martucci, Chloé Calvez Recovery: The French Supreme Administrative Court applies the CELF case law in a contractual dispute (Département de Seine-Saint-Denis)

25 June 2020

In a judgment dated 25 June 2020, the Conseil d’État applied the CELF case law (CJCE, GC, 12 Feb. 2008, Centre d’exportation du livre français (CELF), aff. C-199/06, EU:C:2008:79). In the context of a contractual dispute, it draws all the consequences of the Commission’s declaration of compatibility (...)

Alain Ronzano Illegal aid: The General Court of the European Union upholds the decision of the European Commission declaring illegal the measures in favour of the development of air transport and imposing the state aid recovery from the airlines (easyJet Airline / Volotea / Germanwings)

13 May 2020

On 13 May 2020, the Court of First Instance of the European Union delivered three judgements following actions brought by three low-cost airlines against the European Commission’s decision of 29 July 2016. in favour of which it considered that the State aid implemented by Italy providing (...)

General Court of the European Union The EU General Court reaffirms the Commission’s decision declaring illegal the aid from Italy to several airlines serving Sardinia (Volotea / Germanwings / easyJet)

13 May 2020

The General Court dismisses the actions against the Commission decision declaring illegal the aid from Italy to several airlines serving Sardinia* The operators of the Sardinian airports were not the beneficiaries of the aid but merely intermediaries between the Autonomous Region and the (...)

Markus Wellinger The EU General Court provides guidance on the notion of State aid under EU law following action for annulment brought by airline companies against a decision of the Commission finding an Italian aid to be illegal and incompatible with the internal market (Volotea / Germanwings / EasyJet)

13 May 2020

On 13 May 2020, the General Court delivered three judgments in Cases T-607/17,T-716/17,T-8/18, concerning Volotea, Germanwings and easyJet, respectively (the “Applicants”). These judgments follow actions for annulment brought by the Applicants against a decision of the Commission finding that (...)

Bruno Stromsky Indirect beneficiaries: The General Court of the European Union confirms that airlines serving Sardinia, which concluded commercial agreements with airport operators, with a view to improving the island’s air service and promoting it as a touristic destination, benefitted from State aid (Volotea / Germanwings / EasyJet)

13 May 2020

The three judgments handed down by the Tribunal in the cases concerning airlines serving Sardinia are quite rich. They deal in particular with an often complex and controversial issue, that of the indirect benefit of aid. The case law makes it clear that Article 107(1) TFEU applies both to (...)

Jacques Derenne, Ciara Barbu-O’Connor State aid and private enforcement: An overview of EU and national case law

7 May 2020

I. Introduction State aid private enforcement continues to develop rapidly with landmark cases that are some of the most important in competition law. This special issue will look at this type of competition law private enforcement which, given the recorded cases, is as developed, if not more (...)

Bruno Stromsky New aid: The Court of Justice of the European Union considers that a Member State may grant an aid subject to the condition that the beneficiary has repaid other aid declared unlawful and incompatible, despite the fact that the decision of the European Commission approving the new aid does not explicitly provide for such a requirement (Blumar)

6 May 2020

The granting of State aid which is not covered by an exemption regulation is subject to prior approval by the Commission. As part of its notification, the State may stipulate that the granting of such aid will be subject to certain conditions. It may also give undertakings to the Commission, in (...)

Alain Ronzano Recovery: The Court of Justice of the European Union considers that the limitation period of ten years for the recovery of aid applies only to the relationship between the Commission and the Member State (Nelson Antunes da Cunha / IFAP)

30 April 2020

Stressing the need for full recovery of unlawful aid, the Court of Justice of the European Union considers that the limitation period of 10 years for the recovery of aid applies only to relations between the Commission and the Member State and that a national limitation period must be left (...)

Markus Wellinger The EU Court of Justice further narrows the scope for exceptions to the recovery of interest on illegal State aid following a company receiving a credit line for the recovery of agricultural and breeding livestock activities from the Portuguese authorities (Nelson Antunes da Cunha)

30 April 2020

On 30 April 2020, the Court of Justice of the European Union (the “Court of Justice”) delivered another important judgment concerning the complex relationship between State aid and national procedural rules (Case C-627/18, Nelson Antunes da Cunha). The judgment was delivered in response to a (...)

Raphaël Vuitton Limitation period: The Court of Justice of the European Union regulates the application of national limitation periods in the context of recovery of interests relating to unlawful aid (Nelson Antunes da Cunha)

30 April 2020

When the ineffectiveness of the procedure for the recovery of State aid, leaving much room for the procedural autonomy of the Member State concerned, is combined with the prolonged inaction of the Member State to ensure the implementation of the aid to the beneficiary, but also with the (...)

Phedon Nicolaides The EU Court of Justice annuls the General Court’s decision which ruled that the Greek authorities should have known about the State aid public loan when there was no proof that they were aware of it (Larko)

26 March 2020

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 (...)

Francesco Martucci Unlawful aid: The French Administrative Supreme Court applies the CELF case law (Autocars R. Suzanne et Syndicat autonome des transporteurs de voyageurs)

18 March 2020

In a judgment of 18 March 2020, the Council of State applied the CELF case law on unlawful and compatible State aid (CJEC, gde ch., 12 February 2008, CELF, aff. C-199/06, EU:C:2008:79 ; CJEU, 11 March 2010, CELF, aff. C-1/09, EU:C:2010:136 CE, 29 March 2006, CELF, No. 274923 CE, 19 Dec. 2006, (...)

Sebastien Martin, Barbara Teissier du Cros Transports: The French Administrative Supreme Court further clarifies its Association Vent de Colère and Association des Americains accidentels decisions highlighting the jurisdiction of the national judge in the absence of State aid notification to the European Commission and the consequences of the annulment of the refusal to recover State aid (Région Ile-de-France)

18 March 2020

According to Article 107 of the Treaty on the Functioning of the European Union (formerly Article 87 of the Treaty establishing the European Community): ’Save as otherwise provided in this Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts (...)

Pauline Van Sande, José Rivas The EU Commission decides that Italy granted unlawful State aid in favour of the hotel industry that should be recovered (Italy / Commission)

12 March 2020

In 2008, the European Commission decided that Italy had granted unlawful State aid in favour of the hotel industry in Sardinia. Consequently, Italy was required to recover that unlawful aid, totalling at about EUR 13.7 million. On 29 March 2012, the Court of justice upheld the arguments of the (...)

Jacques Derenne Recovery: The Court of Justice of the European Union condemns a Member State for failure to comply with a judgment finding a failure to fulfil obligations for not implementing a negative decision of the European Commission and recalls in particular the illegality of national court judgments suspending national recovery orders seeking to implement that Commission’s decision (Commission / Italy)

12 March 2020

The annotated judgment is again a ’judgment on failure to fulfil obligations’ ordering a Member State (Italy in this case) to pay a financial penalty (EUR 7.5 million) and a daily penalty payment (EUR 80 000) for failure to comply fully with a judgment on failure to comply with a negative (...)

Phedon Nicolaides The EU Court of Justice orders to pay a penalty of €80,000 per day for failing to fully recover incompatible State aid (Commission / Italy)

12 March 2020

Non-recovery of Incompatible State aid Is Costly* Introduction The 2020 Temporary Framework for State aid to combat covid-19 has a much wider scope in comparison to other State aid regulations and guidelines. Normally, State aid regulations and guidelines exclude, for example, undertakings in (...)

Alain Ronzano Jurisdiction: The Court of Justice of the European Union confirms that the compensation granted to the bus passenger transport service by the Italian region of Campania did not meet the Altmark conditions and therefore constituted incompatible State aid which must be recovered (Buonotourist; CSTP Azienda della Mobilità)

4 March 2020

On 4 March 2020, the Court of Justice of the European Union delivered two judgments in identical terms in State aid cases C-586/18 (Buonotourist v Commission) and C-587/18 (CSTP Azienda della Mobilità v Commission)in which it dismisses in their entirety the appeals seeking the annulment of the (...)

Jacques Derenne, Catalina Chilaru Res judicata: The Court of Justice of the European Union dismisses appeals, by two identical judgments, by confirming that the principle of res judicata cannot be invoked against a subsequent decision of the Commission ruling on the compatibility of an aid measure (Buonotourist, CSTP Azienda della Mobilità)

4 March 2020

On 4 March 2020, the Court delivered two judgments in which it dismissed and declared inadmissible the action brought by Buonotourist and CSTP Azienda della Mobilita against the judgments delivered by the Court of First Instance on 11 July 2018. As the two judgments are identical, reference (...)

Stéphane Rodrigues Droit procédural des aides d’État. Textes et commentaires, Juan Ignacio SIGNES DE MESA and Aymeric DE MONCUIT

February 2020

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 (...)

Stéphane Rodrigues Manuel de droit européen des aides d’État, Michaël KARPENSCHIF

February 2020

Francesco Martucci Recovery: The Administrative Courts of Appeal of Bordeaux and Douai clarify the relationship between State aid law and the Structural Funds rules (EDHEC, Constructys Midi-Pyrénées)

4 February 2020

In a judgment dated 4 February 2020, the Administrative Court of Appeal of Douai upheld the judgment of the administrative court which annulled the decision of the Hauts-de-France region ordering the recovery of aid paid under the European Regional Development Fund (ERDF). On the other hand, (...)

Aymeric de Moncuit, Valérie Noël Admissibility of appeals lodged by competitors after the Montessori judgment – La possibilité d’une île

November 2019

Any person who wishes to challenge a Commission decision authorising the granting of aid to a competitor must be directly and individually concerned by such aid, in accordance with Article 263(4) TFEU. According to the case law, this is particularly the case if the market position of this (...)

Alain Ronzano Incompatible aid: Advocate General Øe suggests that the Court of Justice should uphold the judgment of the General Court of the European Union concerning the incompatibility of several aid measures implemented by the Greek State in favour of a company in difficulty (Larko Geniki Metalleftiki kai Metallourgiki)

24 October 2019

On 24 October 2019, Advocate General Henrik Saugmandsgaard Øe delivered his Opinion as follows in Case C-244/18 (Larko Geniki Metalleftiki kai Metallourgiki AE v Commission of the European Communities) It will be recalled that in a judgment rendered on February 1, 2018 in Case T-412/14 (Larko (...)

Phedon Nicolaides The EU General Court confirms the Commission ruling on the calculation of the amount of compensation resulting from contractual obligations in the motorways sector (Autostrada Wielkopolska)

24 October 2019

COMPENSATION TO A TOLL ROAD OPERATOR* Introduction When is a company entitled to compensation by the state? The easy answer is “when the state is liable for damage”. However, it may be possible for a company to claim compensation from the state when the state has assumed contractual (...)

Francesco Martucci, Simon Bohbot, Audrey Lux Recovery: The French Supreme Administrative Court applies the Court of Justice of the European Union’s interpretation regarding a European Commission’s recovery decision in order to identify the concerned undertakings (COPEBI ; Conserve Gard)

24 October 2019

By a judgment of 24 October 2019, the Council of State confirmed that Commission Decision 2009/402/EC declaring incompatible State aid relating to ’contingency plans’ must be interpreted as covering the aid paid by the Office national interprofessionnel des fruits, des légumes et de l’horticulture (...)

Phedon Nicolaides The EU General Court rules on an appeal against the recovery of aid from the owner of an aid recipient in the chemical sector (Fortischem)

24 September 2019

ECONOMIC CONTINUITY IN RECOVERY OF INCOMPATIBLE STATE AID* Introduction Companies rarely escape from the obligation to repay incompatible State aid. Over the past decade or so, very few companies have successfully argued that they legitimately expected that the aid they received was (...)

Pauline Van Sande, José Rivas The EU General Court orders Luxembourg and Netherlands to recover millions of euros from two companies on the basis of State aid rules (Fiat / Starbucks)

24 September 2019

On 24 September 2019, the General Court delivered its first two judgements in the series of appeals against European Commission (EC) decisions on tax rulings ordering Member States to recover millions of euros on the basis of state aid rules. In October 2015, the EC ruled that selective tax (...)

Alain Ronzano State aid: The General Court of the European Union dismisses all actions against the Commission’s ’alumina II decision’ (Italian Republic, Eurallumina; Ireland, Aughinish Alumina)

17 September 2019

On 17 September 2019, the General Court of the Union delivered two judgments in Joined Cases T-119/07 and T-207/07 (Italian Republic and Eurallumina SpA v Commission). and in Joined Cases T-129/07 and T-130/07 (Ireland and Aughinish Alumina Ltd v Commission) in the actions for annulment, in (...)

Jacques Derenne, Julien Blanquart Selectivity: The General Court of the European Union dismisses the action brought against the European Commission’s “Alumina II decision” and reminds that once it has established the a priori selective nature of a measure, it is then for the Member State or the beneficiary of the State aid challenging the selective nature of the measure to show that it is justified by the nature and general scheme of the domestic tax system (Irland and Aughinish Alumina)

17 September 2019

It is not possible here to review all the facts and developments in this lengthy process or to consider all the substantive issues that have been addressed since 2006 in this series of cases. For its background, it is useful to refer to the previous observations in Concurrences CFI, 12 December (...)

European Commission The EU Commission finds that the marketing agreements concluded between a local Association for the Promotion of Touristic and Economic Flows and an airline company are illegal under EU State aid rules (Ryanair / Montpellier airport)

2 August 2019

State aid: France to recover €8.5 million of illegal aid to Ryanair at Montpellier airport* The European Commission has found that the marketing agreements concluded between the local Association for the Promotion of Touristic and Economic Flows (APFTE) and Ryanair at the airport of Montpellier (...)

Nicole Robins Tax rulings: An overview of EU state aid cases

1 August 2019

It is a pleasure to introduce this special issue of the e-Competitions Bulletin relating to the State aid investigations of corporate tax arrangements. Since June 2013, when the European Commission started a number of investigations of the tax rulings practices of Member States, the tax arrangements of multinationals with subsidiaries or branches in the EU have faced scrutiny by the Commission.

Alain Ronzano Recovery: The Court of Justice of the European Union considers, provided that the relevant market was effectively open to competition, that the obligation to recover incompatible aid applies to a company which provides, on the basis of a direct and exclusive allocation by a municipality, local public transport services (INPS / Azienda Napoletana Mobilità)

29 July 2019

On 29 July 2019, the Court of Justice of the European Union delivered a judgment in Case C-659/17 (Istituto nazionale della previdenza sociale (INPS) v Azienda Napoletana Mobilità SpA), which follows a reference for a preliminary ruling from the Social Chamber of the Italian Court of Cassation.. (...)

Raphaël Vuitton Employment aid: The Court of Justice of the European Union considers that the European Commission’s Decision 2000/128/EC of 11 May 1999 concerning aid granted by Italy to promote employment is applicable to an undertaking which, on the basis of a direct and exclusive award by a municipality, has provided local public transport services and has benefited from reductions in social security contributions under national legislation which was declared by that decision to be incompatible, in part, with the common market (Istituto nazionale della previdenza sociale / Azienda Napoletana Mobilità)

29 July 2019

The facts underlying the case giving rise to the judgment under comment are particularly old. They go back to the adoption in 1984 by Italy of legislation to promote employment, which introduced a "training and work contract". This was a fixed-term contract, with a training period, for the (...)

Bruno Stromsky Recovery: The European Commission adopts a new communication about the recovery of unlawful and incompatible State aid

23 July 2019

The Commission has adopted a new Notice on the recovery of unlawful and incompatible aid which replaces its 2007 Recovery Notice (OJ C 272, 15 November 2007, p. 4). The purpose of the new Notice is not to announce a course of action, but rather to recall the principles set out in the previous (...)

Alain Ronzano Reform: The Commission adopts a new notice on the recovery of illegal state aid

22 July 2019

On 22 July 2019, the European Commission adopted a new Notice on the implementation of Commission decisions ordering Member States to recover unlawful and incompatible State aid.. This new Recovery Communication replaces the 2007 Communication. Like the 2007 Notice, it is mainly addressed to (...)

Glossary

A

Absolute territorial protection • Abuse of dominant position • Abuse of economic dependence • Access to essential facility • Access to information • Access to the file • Agency agreement • Agent • Agreement (notion) • Amicus curiae • Ancillary restraints • Annulment • Anticompetitive objet or effect • Anticompetitive practices • Applicable law • Arbitration

B

Barriers to entry • Bid rigging • Block exemption (Regulation) • Boycott • Brand competition • Burden of proof • Business secrets • Buyer power

C

Cartel • Clearance phase I (merger) • Clearance phase II (merger) • Collecting society • Collective dominance • Collective redress (class action) • Competence • Competition policy • Competition policy • Complaint • Compliance programme • Compulsory license • Concerted practices • Concession • Concurrent jurisdiction • Consumers protection • Consumers’ associations • Control (change) • Control (notion) • Cooperation Agreement • Cooperation between competition authorities • Coordinated effects • Copyright • Corporate group • Corruption • Cost-based access • Criminal sanctions • Cross subsidisation

D

Damages • Dawn raids • De minimis notice • Direct effect • Discriminatory practices • Distribution agreement • Dominance (notion)

E

ECHR • Economic analysis • Economic efficiency • Effect on trade between Member States • Effective judicial protection • Environmental protection • Essential facility • European Competition Network (ECN) • Excess prices • Exchanges of information • Exclusive distribution • Exclusive purchasing agreement • Exclusive right (Art. 106 TFEU) • Exclusivity clause • Exhaustion • Extra-territoriality

F

Failing firm defence • Fine • Fine mitigating • Foreign direct investment (FDI) • Franchising • FRAND

G

Geographic market • Group purchasing organization • Gun jumping

H

Hard core restrictions • Horizontal agreement

I

Individual exemption • Intellectual property right • Interim measures • International competition network (ICN) • Investigations / inquiries • Investigations/ inquiries

J

Joint control • Joint venture • Judicial review

L

Legal privilege • Leniency • Licensing • Limitation period • Low prices

M

Mandatary (distribution) • Margin squeeze • Market economy investor • Market power • Market share • Media pluralism • Merger (notion) • Merger (prohibition) • Merger (withdrawal) • Minority shareholdings

N

Ne bis in idem • Non-competition clause • Notification • Nullity

O

Oligopoly

P

Parallel imports (parallel trade) • Passing-on • Pay-for-delay • Periodic penalty payment • Personal data • Predatory pricing • Preliminary ruling (Art. 267 TFUE) • Price discrimination • Price-fixing agreement • Prices • Principle of effectiveness • Principle of equal treatment • Principle of equivalence • Principle of proportionality • Private enforcement • Privatization • Procedural autonomy • Professional association • Public procurement • Public undertaking

R

Referral (merger) • Refusal to deal • Regulated prices • Relevant market • Remedies (antitrust) • Request for information • Resale price maintenance (RPM) • Resale-below-cost • Right against self-incrimination • Rights of defence • Rule of reason

S

Sector inquiry • Selective distribution • Services of general economic interest • Single branding • Sole control • Spill-over effects • Standard-Essential Patent (SEP) • State action defense • State aid (compatibility) • State aid (existing aid) • State aid (notification) • State aid (notion) • State aid (recovery) • State aid (tax ruling) • State aid (unlawful aid) • State measure • Sudden break of established business relationships

T

Test SIEC (merger) • Test SLC (merger) • Transfer of technology • Transfer pricing • Trustee (mergers) • Turnover threshold (merger) • Tying or tied selling

U

Undertaking (notion) • Unfair competition • Universal service

V

Vertical agreement • Vertical restraints (or restrictions)