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The Protection of Competitors under State Aid Law

Fernando Pastor-Merchante


This article maps out the different tools that competitors have at their disposal to challenge State aid measures. The analysis covers private enforcement (the judicial remedies available before national courts), as well as public enforcement tools (the right to lodge complaints with the Commission, the possibility to submit comments in the course of the Commission’s formal investigation procedure and, eventually, to seek the judicial review of State aid decisions). While conceding that the availability and/or efficacy of some of these tools is limited, the article argues that the opportunities that competitors have to protect themselves against the potentially harmful effects of State aid measures is greater than generally acknowledged.
Keywords: Private Enforcement; Complaint; Participation; Standing; Judicial Review.

Fernando Pastor-Merchante, Assistant Professor of Law, IE University (Spain). Email: DOI: 10.21552/estal/2016/4/5


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