Using competition tools during the COVID-19 pandemic: are merger control and state support substitutes or complements?

2020 ◽  
Vol 19 (4) ◽  
pp. 201-205
Author(s):  
Michele Granatstein ◽  
Keyword(s):  
State Aid ◽  
Merger Control ◽  
Financial Difficulty ◽  
State Support ◽  
Merger Activity

Many firms are facing financial difficulty as a result of COVID-19. However, we have not (yet) seen the predicted increase in merger activity or bankruptcies in some of the sectors most affected by the pandemic, including aviation. This may be, in part, a result of the substantial state support that has been provided to a number of companies in the sector. This article considers whether it is preferable to provide state aid to companies in order to allow them to continue operating, or should these ‘failing’ or ‘flailing’ firms be allowed to be acquired by others. It further considers whether there could be more alignment between these tools.

10. An Introduction to EU Competition Policy and Law

2017 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
State Aid ◽  
Merger Control ◽  
Dominant Position ◽  
Eu Merger Control ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Relationship ◽  
Article 102 Tfeu

This chapter discusses EU competition law. It covers the basic outline of EU competition policy; Article 101 TFEU; Article 101(2) TFEU and the consequence of a breach; Article 101(3) TFEU exemptions; Article 102 TFEU and the abuse of a dominant position; the relationship between Arts 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law, state aid; and EU merger control.

International cooperation in merger control in Japan

2019 ◽  
Author(s):  
Megumi Tahira ◽  
Koki Arai
Keyword(s):  
International Cooperation ◽  
Fair Trade ◽  
Deep Understanding ◽  
Competition Law ◽  
International Agreements ◽  
Merger Control ◽  
Basic Information ◽  
Standard Process ◽  
Merger Activity ◽  
Recent Developments

Abstract This article discusses international cooperation in merger control enforcement under competition law. It describes the framework of merger control in Japan, recent developments in international agreements, merger cases involving international cooperation and the relevant governing authorities’ standard process, including waiver considerations. This article offers three contributions. First, it comments on international cooperation in merger control, including the necessity of confidentiality waivers. Second, it provides basic information for assessing the appropriateness and transparency of merger control policies. Finally, it encourages cooperation between young and advanced competition authorities. The article’s deep understanding of merger activity is based on a detailed analysis of the Japan Fair Trade Commission’s guidelines for international cooperation in merger control.

STATE AID FOR RESTRUCTURING ENTERPRISES

2020 ◽  
Vol 21 (2) ◽  
pp. 9-21
Author(s):  
Paweł Dec ◽  
Piotr Masiukiewicz
Keyword(s):  
Financial Support ◽  
Social Insurance ◽  
State Aid ◽  
State Support ◽  
Enterprise Restructuring ◽  
Social Insurance Institution ◽  
The Social

The article deals with the problem of enterprise restructuring and state support in this regard. The authors presented and analyzed various types of instruments and support activities for companies in crisis and just before bankruptcy. Selected examples of quantitative financial support for restructured enterprises by the Social Insurance Institution and tax offices in Poland were presented. The thesis about the lack of coordinated state support for enterprises during restructuring processes was confirmed

Gewährleistung des öffentlichen Personennahverkehrs durch allgemeine Vorschriften

2019 ◽  
Author(s):  
Annegret Spanka
Keyword(s):  
Public Support ◽  
State Aid ◽  
Transport Sector ◽  
Passenger Transport ◽  
State Support ◽  
The Public ◽  
Transport Services ◽  
Open Questions ◽  
General Rules ◽  
Public Transport Services

Mobility and flexibility are critical for today's society, particularly in the field of local passenger transport. To meet society's need for public passenger transport services, public support is often required. This state support, however, must fulfil the requirements of state aid law. As a new legal instrument, the general rules derived from Regulation (EC) 1370/2007 offer ways of ensuring more efficient public transport services in compliance with state aid law. This work deals with open questions regarding general rules and examines the implications of state support in public local passenger transport services from a state aid perspective. The author offers a practical approach to the implementation of general rules with more legal certainty. Therefore, this work not only contributes to the academic discussion of the topic but also serves as a guide for competent authorities in the public passenger transport sector, providers of these services and their legal advisors.

Which Role for State Aid and Merger Control During and After the Covid Crisis?

2020 ◽  
Vol 11 (5-6) ◽  
pp. 294-301
Author(s):  
Chiara Fumagalli ◽  
Massimo Motta ◽  
Martin Peitz
Keyword(s):  
State Aid ◽  
Merger Control

10. An Introduction to EU Competition Policy and Law

2019 ◽  
pp. 352-392
Author(s):  
Nigel Foster
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
State Aid ◽  
Merger Control ◽  
Dominant Position ◽  
Eu Merger Control ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Relationship ◽  
Article 102 Tfeu

This chapter discusses EU competition law. It covers the basic outline of EU competition policy; Article 101 TFEU; Article 101(2) TFEU and the consequence of a breach; Article 101(3) TFEU exemptions; Article 102 TFEU and the abuse of a dominant position; the relationship between Articles 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law; state aid; and EU merger control.

scholarly journals State and local warranties as forms of state support of economic subjects

2019 ◽  
Author(s):  
O. Dmytryk ◽  
K. Tokarieva
Keyword(s):  
Social Relations ◽  
Careful Analysis ◽  
Legal Regulation ◽  
State Aid ◽  
Main Body ◽  
State Support ◽  
Double Standards ◽  
State And Local ◽  
Business Entities ◽  
Legal Mechanism

Problem setting. The legal regulation of relations regarding the provision of state and local guarantees is carried out by the rules of both financial and civil and commercial law. At the same time, according to the fair warning of scientists, the priority of financial and legal regulation over the private law is observed, which is caused by the public-legal nature of the social relations analyzed. This is quite logical. It should be noted that all forms of state aid to economic entities enshrined in the Law of Ukraine “On State aid to economic entities” are characterized by certain features, not an exception state and local guarantees. In particular, the difference from the guarantee from other forms of state (public) assistance is that when it is provided, there is no obligation to make expenditures, that is, to spend funds in accordance with the approved budget program, and a contingent debt of a public entity providing this type of state aid is formed. , – guaranteed debt Despite the fact that forms of state support have already been the subject of scientific research by such scientists as S.V. Glibko, D.V. Zadykhaylo, T.O. Melnik, V.A. Ryadinskaya, V.A. Ustimenko, and others, legal regulation of state and local guarantees in Ukraine needs careful analysis. In view of the above, the purpose of the article is to review the legal mechanism for granting state (local) guarantees. Article’s main body. The doctrinal approaches to defining state and local guarantees are considered, the substantive characteristics of the latter are highlighted. The legal mechanism for providing this form of state support to economic entities is analyzed. It is emphasized that the provision of state (local) guarantees is a rather difficult form of support for business entities. In our view, the legal mechanism for providing them requires some adjustments. In particular, it is necessary to eliminate, so to speak, double standards in defining the terms of granting state guarantees. Conclusions and prospects for the development. State (local) guarantees are characterized by a public nature, since the procedure for their provision is governed by public law; obligatory parties in the legal relationship for granting such guarantees are public authorities (in particular, the Cabinet of Ministers of Ukraine, the Ministry of Finance of Ukraine, etc.) and local self-government bodies (relevant city councils); the imperative order of their provision and the inequality of participants are enshrined.

scholarly journals Changes to the state aid rules in response to the crisis due to the spread of Covid-19

2021 ◽  
Vol 16 (2) ◽  
pp. 89-100
Author(s):  
Ginka Simeonova
Keyword(s):  
State Aid ◽  
The State ◽  
Economic Consequences ◽  
State Support ◽  
Member States ◽  
Public Resources

In these extraordinary times for the world’s economies, it is inevitable that Member States will support their economies in entire sectors and industries, including through public resources. However, this approach must be followed carefully, as such allocation of public resources in the form of state support is subject to strict state aid rules. The article examines the changes in the state aid regime that the economic consequences of the spread of COVID- 19 have imposed.

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