Wednesday, July 5, 2017
The Treatment of State-owned Enterprises in EU Competition Law: New Developments and Future Challenges
ABSTRACT: The Treaty on the Functioning of the European Union (‘TFEU’) provides that the European Union (‘EU’) must remain neutral in matters of ownership of companies, i.e. vis-à-vis privately and State-owned enterprises (‘SOEs’). This is an important issue for Member States, as some of them own a relatively large number of companies active in sectors they consider to be of strategic or public interest. The energy sector in particular is a field where the number and importance of SOEs is notable. The EU Merger Regulation (‘EUMR’) reiterates the principle of non-discrimination between the public and the private sector exposed in the TFEU.