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The search returned 3 results.

Common Interest as a Condition for State Aid Compatibility journal article

Stig Eidissen

European State Aid Law Quarterly, Volume 19 (2020), Issue 4, Page 452 - 463

According to long-standing Commission practice, State aid must aim at or contribute to an objective of common interest to qualify as compatible with the internal market. In the recent judgment Hinkley Point C, the Court of Justice rejected the pursuit of an objective of common interest as a condition for compatibility pursuant to Article 107(3)(c) TFEU. This article takes a closer look at the origin and content of the common interest condition. Further, it discusses whether the Hinkley judgment establishes a precedent to reject a common interest condition entirely, and the possible consequences of such a precedent for State aid law and policy going forward. Keywords: State aid; compatibility; compensatory justification; common interest; judicial review



Comparing China’s Fair Competition Review System to EU State Aid Control journal article

Shuping Lyu, Caroline Buts, Marc Jegers

European State Aid Law Quarterly, Volume 18 (2019), Issue 1, Page 37 - 60

The promulgation of the Opinions of the State Council on Establishing a Fair Competition Review System During the Development of Market-oriented Systems in 2016 marked the creation of China’s Fair Competition Review System. Interestingly, a remarkable resemblance is found with the EU’s State aid control. The competition authorities of both sides also stress the importance of cooperation in this area. In June 2017 they signed a Memorandum of Understanding creating a dialogue, linking State aid control and the Fair Competition Review System. By means of a comparative analysis and expert interviews, this article focuses on two questions: i) What are the similarities and differences between the EU’s State aid control and China’s Fair Competition Review System regarding objectives, basic provisions and procedures? and ii) What are the reasons for these commonalities and differences? Keywords: China’s Fair Competition Review System; Comparative analysis; International cooperation.

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