Suchergebnisse

The European Commission has adopted a new Temporary Framework for State aid in the context of the Covid-19 pandemic implementing a flexible approach for approving emergency aid granted by Member States to businesses affected by the pandemic. The Commission's DG Competition has organised itself in a similar way to its response to the 2008 crisis, setting up a specific email address and telephone number for Member States and listing all measures in a specific tab on its website. It has adopted a high rate of decisions approving the measures notified by Member States. Given the importance of the unprecedented issues and the exceptional situation facing the global economy in recent weeks, we felt it justified to take stock of the "Covid-19 aid" measures in some detail. The matter is evolving rapidly: it is sufficient to note a first decision on 12 March 2020 (Danmark) before the adoption by the Commission of a framework on 19 March, amended on 3 April, which led to the adoption of 107 other decisions (approving more than 130 different notified measures) from 21 March to 5 May, including 8 other decisions under Article 107(2)(b) [May 2020] TFEU ; Peer reviewed

1. Keynote speech on Brexit issues - 2. Comments on compliance panel: What Issues In-house Counsel Need to Consider when Being Advised on Competition Law?

Le contrôle des aides d'Etat et les tensions avec le droit international - exportation hors UE des principes des aides d'Etat

Livre sur les aides publiques en Belgique (mesures fédérales et régionales - Région wallonne et Région de Bruxelles-Capitale) et leur contrôle en droit communautaire ; 13ème édition

The 2005 Action Plan is the starting point of several initiatives of the European Commission to promote "private enforcement" in the field of State aid law. Third parties have been benefiting from the reinforced role played by national courts and have been seen as the guarantee for a better enforcement at national level, especially with respect to recovery of unlawful aid. However, major obstacles are remaining: complexity of the rules, variety of national procedural rules. Over the past few years, the Commission has been clarifying existing remedies that third parties have at their disposal. However, recent examples of national case law illustrate the difficulty for national judges to assimilate certain essential principles of Community law. ; Peer reviewed

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 developed, than enforcement in antitrust matters. So much ground has been covered since the adoption of the frst Notice on the cooperation with national courts in 1995. The national courts of the EU Member States have continued to experience a surge in State aid cases, in particular in view of the current public and business interest on State aid matters in the recent years as well as the European Commission's ('Commission') role as a strong advocate of private State aid litigation. But, more can be done as concluded below. State aid private enforcement covers actions before national courts that aim at safeguarding the subjective rights of third parties against the violation of State aid rules by Member States to ensure the public enforcement of rules by the Commission. It also covers actions before national courts against beneficiaries who unlawfully benefit from that violation. Although State aid issues often involve a triangular relationship between the Member State, the beneficiary and the Commission, State aid private enforcement can also lead to disputes taking place only between private parties. ; Peer reviewed

Throughout this unprecedented crisis which is hitting all major economies in the EU, the escalation of the Eurozone recession increasingly undermines public confidence in the ability of competitive markets to deliver positive outcomes.A debate on the most appropriate way to enforce competition rules, in light of the crisis, is definitely useful.A "relaxed" stance to competition during difficult periods may be tempting and indeed, this has often been the approach used in the past. However, the enforcement of competition rules is no less important during times of crisis than during normal peri

Remedies in EU Competition Law: Substance, Process and Policy is an unparalleled book developed in collaboration with the College of Europe's Global Competition Law Centre (GCLC). Remedies, designed to correct the negative effects of anti-competitive activity in markets, are central to competition law enforcement and act as a benchmark against which the efficiency of the overall system can be measured. A dearth of coverage which looks at issues, such as mergers, antitrust and State aid, quite a few recent high-profile decisions and an increased focus on areas such as digital markets, have triggered the need for an authoritative and comprehensive guide such as this. ; Peer reviewed