Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Lowe legislation jp
Sealy millman 2018 jp
Desmith out now
Uk supremem 1 8
Williams published
Luba housing

UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

Online book orders received during the time we are closed will be processed as soon as possible once we re-open on Tuesday.

As usual credit cards will not be charged until the order is processed and ready to despatch.

Any Sweet & Maxwell or Lexis eBook orders placed after 4pm on the Friday 25th May will not be processed until Tuesday May 29th. UK orders for other publishers will be processed as normal. All non-UK eBook orders will be processed on Tuesday May 29th.

Hide this message

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



Despatched in 11 to 13 days.

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.

Subjects:
Competition Law
Contents:
Preface
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

Bibliography
Table of cases
Table of Legislation
EEA law
Miscellaneous
Index

Series: International Competition Law

Competition Law in the ASEAN Countries: Regional Law and National Systems ISBN 9789041191021
To be published July 2018
Kluwer Law International
£98.00
EU State Aid Control of Infrastructure Funding ISBN 9789041190994
To be published July 2018
Kluwer Law International
£124.00
Sixty Years of EU State Aid Law and Policy: Analysis and Assessment ISBN 9789041188694
Published February 2018
Kluwer Law International
£126.00
The EU Leniency Policy: Reconciling Effectiveness and Fairness ISBN 9789041184795
Published October 2017
Kluwer Law International
£104.00
Directory of EU Case Law on Competition 2nd ed ISBN 9789041183637
Published August 2017
Kluwer Law International
£209.00
£108.00
Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
£204.00
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
£154.00
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
£152.00
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
Kluwer Law International
£96.00
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
£108.00
The Interface between Competition Law, Patents and Technical Stadards ISBN 9789041154187
Published November 2014
Kluwer Law International
£104.00
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published November 2014
Kluwer Law International
£116.00
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
£96.00
Competition Law: Comparative Private Enforcement and Collective Redress Across the EU ISBN 9789041145598
Published March 2014
Kluwer Law International
£100.00
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
£112.00
£116.00
Landmark Cases in Competition Law: Around the World in Fourteen Stories ISBN 9789041138439
Published December 2012
Kluwer Law International
£112.00
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
£120.00
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
£112.00
£92.00
Merger Control Regimes in Emerging Economies: A Case Study on Brazil and Argentina ISBN 9789041134028
Published January 2011
Kluwer Law International
£108.00
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
£128.00
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
£125.00
Civil Procedure in EU Competition Cases before the English and Dutch Courts ISBN 9789041131928
Published November 2009
Kluwer Law International
£126.00
An Institutional Assessment of Antitrust Policy: The Latin American Experience ISBN 9789041124784
Published May 2009
Kluwer Law International
£136.00
£169.00
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
£144.00
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
£144.00
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
£112.00
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
£173.00
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
£113.00
Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement ISBN 9789041126320
Published September 2007
Kluwer Law International
£124.00
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
£124.00
£124.00
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
£128.00
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
£161.00
A Concise Guide to the EU Anti-Dumping/ Anti-Subsidies Procedures ISBN 9789041124647
Published June 2006
Kluwer Law International
£100.00
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
£121.00
Mergers and Acquisitions: The Industrial Organization Perspective ISBN 9789041124517
Published March 2006
Kluwer Law International
£85.00
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
£116.00
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
£100.00
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
£116.00
Economic Essays on Australian and New Zealand Competition Law ISBN 9789041119919
Published April 2003
Kluwer Law International
£127.00
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
£123.00
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
£135.00
Competition Policy in the Global Trading System ISBN 9789041117588
Published April 2002
Kluwer Law International
£128.00
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
£106.00
M & A in Belgium
ISBN 9789041115942
Published May 2001
Kluwer Law International
£71.00
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned