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Vol 22 No 11 Nov/Dec 2017

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The Market Economy Investor Test in EU State Aid Law: Applicability and Application

ISBN13: 9789041161024
Published: May 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £124.00

Low stock.

The Market Economy Investor Test in EU State Aid Law unravels the notion of the Market Economy Investor Principle (MEIP).

For more than thirty years, EU and EFTA courts have been using a test for applying the MEIP to determine whether a state intervention amounts to a granting of an economic advantage to a recipient undertaking. If the state wishes to act as a commercial operator, it must comply with the MEIP. Unsurprisingly, the test remains a difficult and controversial legal instrument, and its very existence and credibility have been questioned.

This book analyses the applicability of MEIP in order to clarify doubts and misinterpretations. Such an understanding is crucial because of the negative consequences of the test’s misapplication, and also because the ongoing process of opening markets for more competition blurs the distinction between the public and private sectors.

What’s in this book:-

  • The analysis (of the applicability of MEIP) addresses such questions as the following:
  • What characterizes a ‘prudent’ investor?
  • When is it justified to consider a given public investor ‘rational’ or ‘reasonable’?
  • How should the ‘economic’ or ‘commercial soundness’ of state interventions be understood?
  • What rate of return is required under the MEIP and how is it calculated?
  • When should the profitability analysis be undertaken and why?
The author examines both the theory behind the principle and its practical application, with detailed attention to case law and the Commission’s guidelines explaining the test’s mechanism. The different subtypes of the MEIP are enumerated and scrutinized in-depth, and the various critiques of the test are considered. The work concludes with proposals for change.

How this will help you:-

Practitioners, policymakers, and academics will appreciate the clarification offered of the MEIP: the character of an economic advantage under the MEIP and in aid scenarios; how to determine whether the MEIP is applicable to a given state measure; and how to apply the test according to its various subtypes and to atypical or complex interventions.

In addition, the book identifies potential and existing pitfalls in using the MEIP and suggests how to avoid them. The book’s systematic analysis goes a long way to ensuring a credible and reliable assessment of the applicability of state aid under Article 107(1) TFEU.

Competition Law
List of Abbreviations

PART I Introduction, Objectives, Delimitations and Methodology
CHAPTER 1 Introduction

PART II Introductory Remarks on the Notion of the MEIP
CHAPTER 2 The Dual Capacity of State and the MEIP

PART III The Applicability of MEIP
CHAPTER 3 Introduction
CHAPTER 4 AG Lenz’s View on the Applicability of the MEIP
CHAPTER 5 Hytasa: Making a Distinction between the Two Capacities of the State
CHAPTER 6 The Relation between the Fulfilment of Obligations, Which the State Assumed as a Public Authority, and the Exercise of Public Powers
CHAPTER 7 The Applicability of the MEIP Post-EDF
CHAPTER 8 The Applicability of the MEIP to Measures That Were Adopted in Relation to the 2008 Financial Crisis
CHAPTER 9 The Applicability of the MEIP to the Financing of Services of General Economic Interest

PART IV The Application of the MEIP
CHAPTER 10 Preliminary Remarks
CHAPTER 11 Economic and Non-economic Objectives Pursued by a Public Investor
CHAPTER 12 From Whose Perspective Should One Verify the Profitability of a State Intervention?
CHAPTER 13 What Rate of Return Is Required under the MEIP and How to Calculate It?
CHAPTER 14 In Search of the ‘Right’ Benchmark of the MEIP in a Given Case
CHAPTER 15 When Should the Profitability Analysis Be Undertaken and Why?
CHAPTER 16 The Test of Concomitance under the MEIP

PART V The Application of the Different Subtypes of the MEIP
CHAPTER 17 The MEIP and Its Subtypes

PART VI The Judicial Review
CHAPTER 18 The Judicial Review of Cases concerning the MEIP

PART VII Criticism of the MEIP and Conclusions
CHAPTER 19 Criticism of the MEIP
CHAPTER 20 Conclusions

Table of cases
Table of Legislation
EEA law

Series: International Competition Law

Sixty Years of EU State Aid Law and Policy: Analysis and Assessment ISBN 9789041188694
Published January 2018
Kluwer Law International
Price on Application
The EU Leniency Policy: Reconciling Effectiveness and Fairness ISBN 9789041184795
Published October 2017
Kluwer Law International
Directory of EU Case Law on Competition 2nd ed ISBN 9789041183637
Published August 2017
Kluwer Law International
Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
Kluwer Law International
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
The Interface between Competition Law, Patents and Technical Stadards ISBN 9789041154187
Published November 2014
Kluwer Law International
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published November 2014
Kluwer Law International
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
Competition Law: Comparative Private Enforcement and Collective Redress Across the EU ISBN 9789041145598
Published March 2014
Kluwer Law International
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
Landmark Cases in Competition Law: Around the World in Fourteen Stories ISBN 9789041138439
Published December 2012
Kluwer Law International
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
Merger Control Regimes in Emerging Economies: A Case Study on Brazil and Argentina ISBN 9789041134028
Published January 2011
Kluwer Law International
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
Civil Procedure in EU Competition Cases before the English and Dutch Courts ISBN 9789041131928
Published November 2009
Kluwer Law International
An Institutional Assessment of Antitrust Policy: The Latin American Experience ISBN 9789041124784
Published May 2009
Kluwer Law International
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement ISBN 9789041126320
Published September 2007
Kluwer Law International
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
Out of print
Effective Application of EU State Aid Procedures: The Role of National Law and Practice
Edited by: Paul F. Nemitz
ISBN 9789041126573
Published July 2007
Kluwer Law International
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
A Concise Guide to the EU Anti-Dumping/ Anti-Subsidies Procedures ISBN 9789041124647
Published June 2006
Kluwer Law International
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
Mergers and Acquisitions: The Industrial Organization Perspective ISBN 9789041124517
Published March 2006
Kluwer Law International
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
Economic Essays on Australian and New Zealand Competition Law ISBN 9789041119919
Published April 2003
Kluwer Law International
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
Competition Policy in the Global Trading System ISBN 9789041117588
Published April 2002
Kluwer Law International
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
M & A in Belgium
ISBN 9789041115942
Published May 2001
Kluwer Law International
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned