All articles about State Aid and competition


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Ex Post Assessment of the Impact of State Aid on Competition

State aid evaluation provides an opportunity to continuously improve the effectiveness and efficiency of aid schemes to ensure that their positive impact outweighs possible distortions to competition and trade.

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Keywords: state, reforms, competition, trade .

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Comparing China’s Fair Competition system to EU State Aid Control

The promulgation of the Opinions of the State Council on Establishing a Fair Competition Review System During the Development of Market-oriented Systems in 2016 marked the creation of China’s Fair Competition Review System. Interestingly, a remarkable resemblance is found with the EU’s State aid control.

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Keywords: China’s Fair Competition Review System; Comparative analysis; International cooperation

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MEOP, Economic Continuity and Distortions of Competition in Sernam

Independent companies and transamission activities by road of transport. Economic situation and continuity.

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Keywords: restructuring aid, economic continuity, distortions of competition, market economy operator principle

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Childcare and (Equal) Competition

This article analyses the question of applying State aid rules to the market for day-care centres in Denmark, an interesting example of a complicated market featuring both public and private players.

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Keywords:competition, Denmark, law

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The Tension between Competition Policy and State Intervention

At present, especially following the rapid and dynamic changes due to liberalisation and privatisation, the role of market and government is being readdressed around the world. Traditionally, State intervention is recognised as correcting market failures in either a broader or narrower sense.

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Keywords: competition, policy, intervention, market

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Merging Antitrust and Regulation into State Aid?

EStAL 3|2010 Editorial 577 Looking at politicians and stakeholders in Europe and internationally, one may wonder whether there is any common ground as to lessons to be learned from the persisting financial and economic crisis

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Keywords: competition, law, antitrust, economy

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Special Charges – a Gap in European Competition Law?

The problem EC Law is in manifold ways conceived to restrict the sovereignty of national tax legislation. To be sure, the EC Treaty has not conferred the power to determine State revenues onto the community bodies, so that the fundamental competence of the Member States in the domain of tax and budget policy remains unquestioned.

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Keywords: competition, law, tax, restrictions:

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Selectivity of Asymmetrical Tax Measures in the Telecoms Sector

Introduction Following analysis focuses on the evaluation of the legality of the duty imposed by the Greek tax legislation on mobile network operators’ subscribers (with the term “subscribers” meaning all users of the various services/products provided by the mobile network operators, including mobile telephony services, internet services and added value services) under the scope of the EU State Aid rules.

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Keywords: competition, tax, economy, law

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Competition and Services of General Economic Interest in the EU

Economic impact of the coronavirus outbreak by the supporting businesses in maintaining or returning to their normal course. This scheme of support ensure liquidity, competitiveness and maintance employment.

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Keywords: competition, economy, law, resvice

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Tuning the Test of Proportionality in EC Competition Law

This article examines the development of EC State aid policy relating to services of general economic interest (SGEI). It explores which of the existing interpretations of the EC Treaty can accomplish the key objectives of the Treaty, viz. market integration and free access to SGEI.

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Keywords: compeititon, law, economic, development

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The Swedish Housing with European Competition and State Aid Rules

The Swedish Housing System and its Compatibility EStAL 4|2008 I. Introduction When organising their housing markets, Member States are confronted with a variety of questions that have so far only partially been addressed in case law or Commission decision-making practice.

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Keywords: Bank resolution; Liquidation; Temporary Framework; COVID-19.

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Distortions of Competition on the Markets for the Operation of Airport

The upcoming decision of the U.S. Supreme Court in Cuno v. DaimlerChrysler is an excellent window through which to view tax subsidies provided by State and local governments in the United States and to contrast them to State aid in the European Union.

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Keywords: market, operation, compatition, tax.

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Approaches when Analysing Effects on Trade and Distortions

Introduction Since the publication of the European Commission’s State Aid Action Plan1 in 2005, and the proposed introduction of a “refined economic approach” into State aid control, academics and practitioners alike have actively debated the exact role that economics-based tests play in the State aid rules.

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Keywords: economjy, competition, analytist, trade, market

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The Overhaul of the Regional Aid Guidelines

Introduction The recent reform of the Regional Aid Guidelines has taken place against the backdrop of a complex mix of interrelated economic and policy change. The fallout from the crisis has affected national and regional economies differently, but almost everywhere the policy response is itself conditioned by the climate of austerity and public expenditure constraints.

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Keywords: regonal, competition, economic

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Distortion of Competition in Case of State Measures in the Public Interest

State measures in public statements. Why is State Aid not always able to aplicate and whats the biggest limit of this problem?

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Keywords: competition, advantager, public, styte, measures

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Energy and State Aid control

Looking at EU State aid control of environmental taxation, and in particular at the General Block Exemption Regulation and the Environmental Guidelines, this article makes a critical assessment of the balance between competitiveness, environmental protection and competition.

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Keywords: Environmental Aid; Fiscal Aid; Energy Taxation; GBER; EEAG; Balancing Test; Competitiveness.

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Competition Policy of State Aid in the Banking Sector

The Crisis Communications provided for an extensive framework under which the Commission analyzed state aid to banks in the context of the financial crisis. All State aid decisions were built on three pillars: viability, burden sharing and competition. In order to minimize distortions of competition, the Commission imposed significant structural and behavioral measures.

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Keywords: Crisis Communications; competition law; competition policy; State aid; SRM; BRRD; banking sector; financial crisis.

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Challenges of Montenegro in the Field of State Aid

How to Comply with the Requirements of the Stabilisation and Association Agreement and Open EU Accession Negotiations in the Chapter for Competition?

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Keywords: Notion of State Aid, Accession Negotiations, Procedures, General Issues, Existing Aid v New Aid, Compatibility Assessment, Administrative Capacity

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Fighting Harmful Tax Competition through EU State Aid Law

All the major steps of this story are presented: from the parallel genesis of a Code of Conduct for business Taxation and of the Notice on the application of State aid rules to measures relating to direct business taxation, to the Gibraltar case, to the recent opening decisions on preferential tax rulings.

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Keywords: Fiscal State aid, Harmful tax competition, Selectivity, Gibraltar, Amazon, Starbucks

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The European Commission’s Decisions on Transfer Pricing Rulings

As part of the fight against tax elusion and harmful tax competition, the European Commission has used the versatility of the Community legislation on State aid to supervise the tax ruling practices of the Member States in relation to the aggressive tax planning strategies implemented by multinational groups..

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Keywords: Economic Advantage; Selectivity; Tax Ruling; Transfer Pricing; Aid Recovery; Harmul Tax Competition; Base Erosion; Profit Shifting.