Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Tuesday, January 25, 2011

State aids law and the application of competition law to exclusive rights

Posted by D. Daniel Sokol

State aids law and the application of competition law to exclusive rights
8 Masters level seminars
from 27 January - 17 March 2011
on Thursday from 6 - 8pm
at the UCL Faculty of Laws
Convened by Dr Ioannis Lianos (UCL)

About the Course
The course will examine the EU competition law provisions that apply to State anticompetitive practices.
In particular, the course will focus on the State aids control in the European Union and on the application of EU competition law to public undertakings and undertakings operating services of general economic interest. This is an area of particular practical importance in Europe and beyond as almost all economies have an hybrid nature, with an important part of economic activity being performed or controlled by
the State. The course will provide a clear practical analysis of this complex area of EU competition law focusing on compliance.

By the end of the course, participants should be able to:
● demonstrate a critical knowledge of EU competition law applied to the State (in particular State aids control and competition rules that apply to public undertakings)
● understand the underpinning theories and policies that explain European regulation of State activities in competitive markets

Course Outline:
27 January State Aids I: Foundations of State aids law
Overview of the system of State aid control under Arts 107-108 TFEU; definition of
state aid; effect, aims and causes of State aids; forms of state aids
Taught by Kelyn Bacon

3 February State Aids II: Foundations of State aids law
Advantage, beneficiary of aid, private operator in a market economy test, compensation for public service obligations
Taught by Kelyn Bacon

10 February State Aids III: Tax Exemptions
Tax exemptions, parafiscal and other tax charges, differential taxation, regional taxation, general fiscal measures.
Taught by Kelyn Bacon

17 February State Aids IV: Case studies in State aid law.
The objective of this seminar will be to focus on some practical but complex questions and fact patterns in order to illustrate the principles learned in the previous seminars
Taught by Alexandros Stratakis

24 February State Aids V: Enforcement of State aid law
The administrative procedure before the Commission, the role of the European
Court, and the role of national courts
Taught by Kelyn Bacon

3 March State Aids VI: An economic approach to state aids law – a compliance toolkit
The first half of the seminar will focus on the evolution of state aids law towards an
economic approach and will illustrate how economic arguments might be employed in a practical context. The second half of the seminar will focus on the issue of compliance to state aids law and will develop a set of clear principles to be aware of in order to avoid being caught under the prohibition of the treaty!
Taught by Ioannis Lianos and Alexandros Stratakis

10 March Exclusive rights and the application of Article 106(1)
The seminar will delve into the analysis of the case law of the European court and
the European Commission on the scope of the prohibition principle included in
Article 106(1) TFEU.
Taught by Juliette Twumasi-Anokye

17 March Exclusive rights and the application of Article 106(2)
Member States can argue that exclusive rights are essential for the provision of
services of general economic interest and other public interest objectives in order
to benefit from the exception to the prohibition rule under Article 106(2) TFEU. This
lecture will analyze the case law and will also provide clear and practical advice for a more effective use of Article 106(2).
Taught by Juliette Twumasi-Anokye

About the Teachers:
Kelyn Bacon is a senior junior with extensive experience in competition and EU law. She has appeared in numerous landmark cases in the High Court, Court of Appeal, House of Lords, CFI and ECJ, as well as the Competition Appeal Tribunal and proceedings before the Competition Commission and European Commission. Her clients have included major domestic and international private clients such as GE, Microsoft, Intel, Umbro, Adidas, Visa, BUPA, O2, Vodafone and BSkyB, as well as government departments and sectoral regulators. She also regularly appears for the UK government in preliminary references to the ECJ Kelyn is currently acting for Intel in its appeal to the European Court against an Article 102 infringement decision, for Meridiana in European Court proceedings relating to State aid granted to Alitalia, and for the OFT in the Construction Cartel appeals in the Competition Appeal Tribunal. Kelyn is cited in Chambers and Partners as one of the leading juniors in Competition/EU law, Administrative and Public law and Telecommunications, and in the Legal 500 as one of the leading juniors in EU and competition law. She was awarded ‘Competition/EU Junior of the Year’ at the 2008 Chambers Bar Awards. Kelyn is the editor and main co-author of European Community Law of State Aid (OUP, 2009) and numerous other publications in state aids law and competition law in general.

Dr. Ioannis Lianos is a Reader in Competition Law and Economics at UCL Laws, director of the UCL Centre for Law and Economics and co-director of the Jevons Institute of Competition Law and Economics. He has published extensively prize-winning monographs, articles in journals such as Antitrust Law Journal, Journal of Competition Law and Economics, Common Market Law Review, Cambridge Yearbook of European Legal Studies, Columbia Business Law Review and collected volumes. Ioannis is actively involved in competition policy as a non-governmental advisor at the ICN, a research partner with UNCTAD in Geneva or having contributed to European Commission’s consultations. His main research interest is the analysis of economic evidence by courts and competition authorities. Ioannis is a qualified attorney at the Paris and Athens bars.

Alexandros Stratakis is a Senior Associate in the EU, Competition and Trade Department of Baker & McKenzie, London. His practice covers EU, UK, (including Greek and Cypriot) competition law, State aid and regulatory law as well as general EU Law. He has provided advice on a wide variety of complex competition (merger control, Articles 101 and 102 TFEU) and state aid issues and represented clients before antitrust authorities and European and national courts. In the area of State aid, Alex has advised governments, governmental organizations and private companies active on various industries. Alex was admitted to practice in Greece (Athens Bar Association) in 2004 and in England and Wales in 2009. He holds an LL.B (Athens Law School) and a MJur (LL.M) in European and Comparative Law (University of Oxford). He also holds an LL.M (James Ken Scholar) from Columbia Law School, New York.

Dr Juliette Twumasi-Anokye is a lawyer by profession and is currently a Principal for Postcomm the UK independent regulator and advisory body on postal services. Her role involves providing specialist legal advice to the regulator. She has several years experience in competition law, competition policy and economic regulation. She has advised on major cases including cartels, abuse of dominant positions, vertical price restraints, competition in professional services, price controls and the establishment of regulatory frameworks. She has a particular interest in Article 106(2), services of general economic interest, utility regulation, and the application of competition law in the public services sector. Previously, Juliette worked as a Principal Case Officer at the Office of Fair Trading, and as a solicitor in private practice. She holds a PhD from King’s College London (Thesis: competition law and public services: a reconciliatory approach) and an LLM from University College, London.

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