- Volume 14 (2015), Issue 1
- Vol. 14 (2015), No. 1
- >
- Pages 143 - 156
- pp. 143 - 156
The Concept of ‘Advantage’ in State Aid and Public Procurement and the Application of Public Procurement Rules to Minimise Advantage in the New GBER
This paper examines the case law on the concept of advantage in the field of State aid and in the field of public procurement. It identifies the similarities and the differences between the two fields. Then it uses the results of this analysis to examine how ‘competitive selection procedures’ may either eliminate advantage or minimise advantage in the context of the measures adopted on the basis of the new General Block Exemption Regulation – Regulation 651/2014. In some cases the provisions in the GBER on competitive selection lead to elimination of State aid while in others they minimise advantage and therefore ensure the proportionality and compatibility of State aid.
Keywords: Advantage, GBER, Market Economy Investor Principle, Private Investor Principle, Public procurement.