Economics 3366A/B Study Guide - Quiz Guide: De Minimis
23 Sep 2020
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Public companies and state aid: public companies: Competition articles are designed to apply to undertakings. States can also have undertakings, or act as an undertaking. 101 and 102 tfeu apply to public undertakings. 106(2) exemption for services of general economic interest . What exactly this means is unclear, as there is no coherent definition: state aid: Article 107 tfeu generally incompatible with internal market when it distorts or threatens to distort competition. Possible justification in 107(2) at the discretion of the european commission (block exemption: regulation 651/2014) Aid: no definition in treaties broad interpretation there must be a (financial) transfer from state to undertaking, form and rationale are irrelevant (tax exemptions will also classify, must be artificial compared to market. Granted by member state or through state resources: direct or indirect, also regional and local bodies, etc, the transfer may be governed by a private body. Must be transferred to undertakings, including public undertakings.
