EU State Aid Control

EU State Aid Control

Author: Philipp Werner

Publisher: Kluwer Law International

Published: 2017

Total Pages: 0

ISBN-13: 9789041151476

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Introduction - The Law and Economics of EU State Aid Control /Vincent Verouden and Philipp Werner --Advantage /Giuseppe Conte and James Kavanagh --State Measure /Rein Wesseling and Marieke Bredenoord-Spoek --Selectivity /Michael Honoré --Distortion of Competition and Effect on Trade /Jacques Derenne and Vincent Verouden --Compatibility of Aid - General Introduction /Leigh Hancher and Phedon Nicolaides --General Block Exemption Regulation /Koert van Buiren and Alexander Rose --Ex Post Evaluation of Aid /Xavier Boutin and Inkalotta Nuotio-Osazee --Research, Development and Innovation Aid /Pascal Belmin and Hans Zenger --Regional Aid /Hans W. Friederiszick and Massimo Merola --Risk Finance Aid /Isabel Taylor and Albert Bravo-Biosca --Rescue and Restructuring Aid /Ulrich Soltész and Bruce Lyons --Services of General Economic Interest /Philipp Werner and Vincent Verouden --Infrastructure Aid /Penelope Papandropoulos and Elisabetta Righini --State Aid in the Broadband Sector /Hein Hobbelen and Oliver Stehmann --State Aid in the Postal Services Sector /Alessandra Fratini and Khaled Diaw --Transport Aid /Udo Woll and Andrew Meaney --Energy and Environmental Aid /Kai Struckmann and Geza Sapi --Aid to Broadcasting, Culture and Sport /Christine Gerlach and Dimitrios Pikios --Aid in the Banking Sector /Stan Maes and Stephen Mavroghenis --State Aid and Privatisation /Andreas von Bonin and Elisabeth Häringer.


EU State Aid Control of Infrastructure Funding

EU State Aid Control of Infrastructure Funding

Author: Corinne Ruechardt

Publisher: Kluwer Law International B.V.

Published: 2018-07-03

Total Pages: 394

ISBN-13: 904119116X

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The elements of infrastructure – roads, transportation, electricity, water, communications, schools, hospitals – are so ingrained in the fabric of daily life that few people give a second thought to who provides them, and how. Yet, they are controlled by an extensive and complex regulatory system. Moreover, the EU’s State aid modernization plan has made infrastructure a crucial aspect of competition law. How did EU State aid law turn into regulation on whether a city can build a new airport, or how it may operate a school? And what do the rules actually mean for infrastructure funding? These are the questions this book, the first comprehensive guide to EU State aid law in this key sector and a major contribution to the debate on the topic, seeks to answer. In its thorough review of the legal literature as well as relevant legislation and case law, this book covers such aspects of the infrastructure-State aid nexus as the following: – role of infrastructure in competition law; – infrastructure funding as aid and its compatibility with the internal market; – impact on land development and other ongoing activities; – sector-specific impact of State aid regulation on the design of infrastructure projects; – risk management; and – newer infrastructure sectors such as sports and cultural and healthcare projects. At many points in the presentation, the case-by-case analysis provides individual appraisals. In addition to focusing on the complex rules and how they have been interpreted in the decisional practice of the Commission and in the EU case law, this book provides deeply informed proposals for reform. This is a key work in a field of EU law that has developed and changed dramatically in recent years. It is sure to be of immeasurable value to practitioners and jurists in State aid law, competition law, and public procurement, as well as market actors (aid beneficiaries and competitors), policymakers, government officials, and business persons in these fields.


The Modernisation of State Aid for Economic and Social Development

The Modernisation of State Aid for Economic and Social Development

Author: Bruno Nascimbene

Publisher: Springer

Published: 2018-11-28

Total Pages: 315

ISBN-13: 3319992260

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This book analyses the recent modernisation of EU State aid law from various perspectives, and considers both substantive and procedural aspects. It also discusses the reasons for, and the goals and future implications of the modernisation programme, including the evolution of the concept of State aid. The ambitious reform programme was launched in 2012 and has now been almost fully implemented by virtue of the adoption of new rules of procedure in July 2013, and exemption in June 2014. The book highlights the main aspects of this sector reform, which include the Commission’s change of attitude towards so-called positive aid, i.e. those able to promote economic growth, and the intention to focus on matters of greater systematic extent. These objectives also imply a third aspect: increasing the intensity of the control powers conferred on the Commission with regard to that aid that prove to be harmful to competition and the internal market. The book also examines the greater responsibility given to States for self-assessment of their economic policy measures, and explores the resulting impact on, and challenges posed to the administrations of the Member States. The book’s second part is devoted to the application State aid rules in the area of services of general economic interest, with a special focus on aid in the field of social health and infrastructure.


State aid for broadband infrastructure in Europe

State aid for broadband infrastructure in Europe

Author: Richard Feasey

Publisher: Centre on Regulation in Europe asbl (CERRE)

Published: 2018-11-21

Total Pages: 130

ISBN-13:

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This original CERRE report reveals that the current level of public funds to support broadband deployment in Europe is insufficient compared against the ambitious targets for fibre to the home (FTTH). The report also suggests that the use of this funding is poorly co-ordinated, insufficiently monitored, and subject to rules which need to be simplified and updated. It is the first study of its kind: the authors have undertaken a systematic analysis of all of the 157 broadband measures notified to the European Commission by Member States over the past 15 years. Based on this research, the authors have identified critical issues and provided recommendations on how to better support the deployment of broadband infrastructure in Europe. The authors estimate that public funding from all sources to support broadband deployment in the period to 2020 amounts to around €7 billion per year. At this rate it will take Europe nearly 30 years to meet its FTTH targets. They also find wide variations in public funding for broadband between Member States: in the period 2003-18 France spent around €215 per capita and Italy €145, whilst the majority of Member States spent less than €100 per capita and some less than €10. “We found that broadband infrastructure receives less than 5% of available European funds, despite being a strategic priority for Europe and for the Juncker Commission”, said CERRE Research Fellow Richard Feasey. “Current public funding is insufficient if Europe is to achieve its Gigabit Society targets. It is equally important that whatever public funds are allocated, they are also used efficiently”. The authors provide recommendations for EU and national policy makers, including: 1. Mobilise grassroots interests in public funding of broadband with an EU-wide competition for funds. 2. Improve coordination between the European Investment Bank and the European Commission’s DG Competition to ensure that in each case the appropriate public funding instrument is used. 3. Increase the share of European funds allocated to broadband. 4. Revise the existing ‘Broadband State Aid Guidelines’ now to clarify elements such as: - when and how public funds can be used if commercial operators have no plans to deploy Very High Capacity infrastructure; - require that State Aid can only be used once adoption rates for a new technology have achieved certain thresholds in areas where it has already been deployed by the private sector; - consider allowing higher prices for broadband services provided by publicly funded networks in order to reduce the cost to the taxpayer and increase the coverage that can be obtained; - explain how the universal service provisions of the new EU Electronic Communications Code will ensure that all users can benefit from affordable access to publicly funded broadband networks; - simplify the regime so that measures to protect competition align with those that already apply to commercially-funded networks under the Significant Market Power regime and ensure enforcement. 5. Require Member States to provide more data to enable the evaluation of the effectiveness of State Aid measures. ‘Effectiveness’ should be measured by whether public funds achieve the goal of extending broadband services to the greatest number for the lowest cost to the taxpayer, and not simply in terms of competition or the time taken to approve the project. “If broadband infrastructure deployment is a priority for the EU, we think that the Commission should also explore how to formalise its Digital Agenda and Gigabit Society targets, to give Member States stronger incentives to meet those targets”, conclude the authors. Some facts and figures - Europe spends less than 5% of its budget on broadband - 65% of public funding for broadband comes from Member States - Estimated public funding from all sources allocated to broadband deployment in the EU in the period to 2020 amounts to around €7 billion per year - It will take Europe 29 years to complete FTTH deployment at current rates - Total expenditure by EU Members States for State Aid varies significantly - In the period 2003-18, the majority of Member States spent less than €100 per capita and some less than €10 - France spent around €215 per capita, Italy €145, and Germany €87 - Belgium, Luxembourg and Malta have achieved a relatively extensive and high capacity broadband deployment without relying on any form of State Aid whatsoever - There is a very large variation in the use of sources of funding by Member States


EU State Aids

EU State Aids

Author: Leigh Hancher

Publisher: Sweet & Maxwell

Published: 2012

Total Pages: 1283

ISBN-13: 0414046560

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An invaluable resource to all those involved in advising or litigating matters of state aid, from lawmakers to regulators, lawyers, economists and courts. This fully revised 4th edition presents detailed practical guidance to the law and practice in the European Union as it stands today, together with the relevant primary law materials


EU State Aid Law

EU State Aid Law

Author: Pier Luigi Parcu

Publisher: Edward Elgar Publishing

Published: 2020-02-28

Total Pages: 263

ISBN-13: 1788975251

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The recent State Aid Modernization has decentralized the enforcement of State aid law. In particular, under the General Block Exemption Regulation a number of aid schemes do not require the preventive “check” by the European Commission, while national courts play a growing role in private enforcement of State aid law. This insightful book analyzes the enforcement of State aid law in the aftermath of the State Aid Modernization, identifying a number of emerging trends at the national and EU level.


State Aid Law of the European Union

State Aid Law of the European Union

Author: Herwig C. H. Hofmann

Publisher: Oxford University Press

Published: 2016-07-28

Total Pages: 657

ISBN-13: 0191040886

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Rules controlling State aid and subsidies on the EU and the WTO level can have a decisive influence on both regulatory and distributive decision-making. This field of law has grown exponentially in importance and complexity over the past decades. Rules on State aid and subsidies control are one of the key instruments to ensure that public spending and regulatory measures do not lead to discriminatory distortions of competition. As a consequence, hardly any part of national law is free from review under criteria of State aid and subsidy regulation. In turn, State aid and subsidies law is linked to economic, constitutional, administrative law of the EU and the Member States as well as to public international law. This book brings together leading experts from academia, the judiciary, civil servants from the European Commission, and practising lawyers to provide expert opinion and commentary on the diverse dimensions of the complex and vital area of law. Critically analysing and explaining developments and current approaches in State aid law and subsidies, the chapters take into account not only the legal dimensions but also the economic and political implications. They address the EU law applicable to State aid in the aftermath of the recent State Modernisation reform, and coverage includes: an in-depth analysis of the notion of State aid as interpreted by the Court's cases-law and the Commission's practice; the rules on compatibility of State aid with the internal market; the rules governing the procedure before the Commission; the litigation before the Court of Justice of the European Union; and analysis of the other trade defence instruments, including WTO subsidy law and EU anti-subsidy law.


The Governance of Telecom Markets

The Governance of Telecom Markets

Author: Antonio Manganelli

Publisher: Springer Nature

Published: 2020-11-03

Total Pages: 192

ISBN-13: 3030581608

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This book provides a critical comprehensive summary of the coevolution of telecom markets, rules and public institutions over the last 25 years, focusing on the challenges that regulators and policy makers have been facing. Even if the perspective of the book is European (as the EU regulatory framework is examined), most of the economic and institutional issues addressed are common to all telecom markets in advanced economies. The book addresses some traditional fundamental topics in the telecom regulation literature, as well as some hot-button topics in the current policy debate, e.g., ultrafast broadband and 5G networks, the relationship between investments and competition, the sector digitalisation and the role of OTTs. All these are relevant to students, researchers, and policy makers interested to get a sound understanding of the sector, its many dimensions and coevolutionary patterns.


Competitiveness and Private Sector Development Competitiveness in South East Europe 2021 A Policy Outlook

Competitiveness and Private Sector Development Competitiveness in South East Europe 2021 A Policy Outlook

Author: OECD

Publisher: OECD Publishing

Published: 2021-07-05

Total Pages: 1871

ISBN-13: 9264933778

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The future sustainable economic development and well-being of citizens in South East Europe depend on greater economic competitiveness. Reinforcing the region’s economic potential in a post-COVID-19 context requires a holistic, inclusive and growth‐oriented approach to policy making.


European State Aid Law and Policy (and UK Subsidy Control)

European State Aid Law and Policy (and UK Subsidy Control)

Author: Conor Quigley

Publisher: Bloomsbury Publishing

Published: 2022-12-15

Total Pages: 1123

ISBN-13: 1509969004

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The fourth edition of Conor Quigley's highly acclaimed book provides lawyers, regulators and public officials with a definitive statement of the law and practice of State Aid. The book places State Aid law and policy in its economic, commercial and industrial context, exploring the concept of State Aid and its function as a tool of EU law. All of this is achieved by a thorough examination of the jurisprudence of the European Courts and the decisions, legislation and guidelines of the Commission in declaring aid compatible or incompatible with the internal market. The fourth edition includes new chapters on: - COVID-19 and Ukraine emergency measures - Brexit - EU foreign subsidy regulation - UK Subsidies Control and updated guidelines and block exemption regulations on: - Regional aid - R&D&I - Environmental protection and climate change