The EU Commission holds that the granting of exclusive rights may confer an advantage but does not in itself result in transfer of state resources (Jadrolinija Imuna Pharm)

Exclusive Rights* The granting of exclusive rights may confer an advantage but does not in itself result in transfer of state resources. Private undertakings that hold exclusive rights are not utilising state resources by the mere fact that they operate under rights conferred by the state. Price regulation is a regulatory act which does not entail transfer of state resources. Introduction This article examines two Commission decisions both of which grapple with the issue of whether the granting of exclusive rights can constitute State aid. The first decision concerns the exclusive right of a concessionaire to operate a port in Croatia. The second decision is about the exclusive right to export human plasma from Slovakia. As will be seen in more detail below, the granting of