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Remedies in Public Competition Law: Reasons and Scope for Reform (eBook)

Massimo Merola

ISBN13: 9789403532677
Published: June 2025
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: eBook (ePub)
Price: Out of print
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Also available as
Hardback
9789403532578
£122.00

Remedies in Public Competition Law is an exhaustively researched and compelling book. A well-known authority on EU State aid examines the system of remedies available in cases of infringement of State aid rules and proposes a specific approach to reform. This book brings together an in-depth analysis of the origins, stated goals, and fundamental principles of the system of recovery of unlawful aid with recommendations designed to ensure effective deterrence, rectify competitive distortions caused by unlawful aid and mitigate conflicts between Member States and aid beneficiaries.

What’s in this book:

In the process of delineating the substantive and procedural rules, including enforcement criteria, that constitute the backbone of the current system of remedies – as well as highlighting the uncertainties and inconsistencies that a comprehensive reform should seek to address – the analysis explores the following contextual factors:

  • inclusion of aid beneficiaries in administrative procedures
  • establishment of a specific procedure for determining remedies
  • adaptation of the system of remedies to the modernisation of State aid law, including objectives such as
  • budgetary discipline and effective tackling of economic crises
  • clarification of the notion of the status quo ante
  • enforcement of State aid law by national courts
  • harmonisation of national laws governing the private enforcement of State aid rules, and
  • convergence of State aid law and foreign subsidies law to create a comprehensive system of remedies for public competition law as a whole

How this will help you:

The author’s call for urgent, comprehensive reform of the EU’s State aid system of remedies promises to enhance policy coherence and effectiveness. Both theoretical and practical, the book will nourish scholarship in the field and greatly assist in the work of interested policymakers and practitioners.

Subjects:
Competition Law, Remedies and Damages, eBooks
Contents:
INTRODUCTION

PART ONE: PUBLIC ENFORCEMENT OF STATE AID RULES
INTRODUCTION TO PART ONE
I THE BACKBONE OF THE RECOVERY SYSTEM: ESSENTIAL PRINCIPLES, ENFORCEMENT CRITERIA, AND BASIC SUBSTANTIVE AND PROCEDURAL RULES
II MODERNISATION OF THE COMMISSION’S RECOVERY NOTICE: ACHIEVEMENTS AND LIMITS
III REFORM OF THE PUBLIC ENFORCEMENT SYSTEM OF REMEDIES AND MODERNISATION
FINAL REMARKS ON PART ONE

PART TWO: PRIVATE ENFORCEMENT OF STATE AID RULES
INTRODUCTION TO PART TWO
I ORIGIN AND SOURCES OF THE PRIVATE ENFORCEMENT OF STATE AID LAW
II THE 2009 COMMISSION NOTICE ON THE ENFORCEMENT OF STATE AID LAW BY NATIONAL COURTS: FOCUS ON REMEDIES
III PREPARATORY WORKS LEADING TO THE ADOPTION OF THE NEW PRIVATE ENFORCEMENT NOTICE AND MAIN CHANGES INTRODUCED
IV CHANGES INTRODUCED WITH THE NEW PRIVATE ENFORCEMENT NOTICE
V BACKBONE PRINCIPLES OF THE PRIVATE ENFORCEMENT SYSTEM OF REMEDIES: SUBSTANTIVE CRITERIA
VI BACKBONE PRINCIPLES OF THE PRIVATE ENFORCEMENT SYSTEM OF REMEDIES: PROCEDURAL RULES
FINAL REMARKS ON PART TWO
I THE ROLE OF NATIONAL COURTS IN STATE AID ENFORCEMENT, IN A NUTSHELL
II THE IMPACT OF MODERNISATION ON PRIVATE ENFORCEMENT OF STATE AID RULES
III THE PERSISTENT SHORTCOMINGS OF THE SYSTEM OF REMEDIES AFTER ADOPTION OF THE NEW ENFORCEMENT NOTICE
IV CONCLUSIONS

PART THREE: COMPARATIVE ANALYSIS
INTRODUCTION TO PART THREE
I THE FSR’S STRUCTURE AND A SUMMARY OF ITS MOST SALIENT FEATURES
II ENFORCEMENT-RELATED FEATURES OF THE FSR
III THE FSR’S SYSTEM OF REMEDIES
IV OTHER POTENTIAL MODELS FOR THE REFORM OF REMEDIES IN THE FIELD OF STATE AID
FINAL REMARKS ON PART THREE

PART FOUR: SCOPE OF REFORM
INTRODUCTION TO PART FOUR
I TOOLS OF REFORM: THE DIFFERENT OPTIONS – HOW TO ACHIEVE A SUBSTANTIAL REFORM OF THE SYSTEM OF REMEDIES THROUGH SOFT LAW AND CREATIVE JURISPRUDENCE
II ESSENTIAL PRINCIPLES THAT SHOULD UNDERLIE A REFORM OF SECONDARY LAW
III MODIFICATION OF THE PROCEDURAL REGULATION’S PROVISIONS ON REMEDIES
IV HARMONISATION OF NATIONAL LAWS GOVERNING THE PRIVATE ENFORCEMENT OF STATE AID RULES
FINAL REMARKS ON PART FOUR

CONCLUSIONS
BIBLIOGRAPHY
TABLE OF LEGISLATION
TABLE OF CASES