TY - JOUR
T1 - Regulating State Aid in the Member States
AU - Olesen, Karsten Naundrup
AU - Heide-Jørgensen, Caroline
PY - 2021
Y1 - 2021
N2 - State aid poses a threat to both the functioning of the EU internal market and to the national markets of each Member State. While Article 107 TFEU safeguards the internal market, Member States still need their own national regulation to protect competition at the national level. This article describes how individual Member States can meet the challenge of such regulation alongside EU State aid law. As a case study, we present the Danish approach. Denmark has developed a three-stringed approach that comprise 1) EU regulation, 2) the Danish Competition Act, and 3) additional codified and non-codified regulation with a more comprehensive scope than that of simply ensuring competition. Issues that need special consideration, including balancing competition against other public interests, are analysed and the effectiveness of this way of dealing with the question of State aid is considered.
AB - State aid poses a threat to both the functioning of the EU internal market and to the national markets of each Member State. While Article 107 TFEU safeguards the internal market, Member States still need their own national regulation to protect competition at the national level. This article describes how individual Member States can meet the challenge of such regulation alongside EU State aid law. As a case study, we present the Danish approach. Denmark has developed a three-stringed approach that comprise 1) EU regulation, 2) the Danish Competition Act, and 3) additional codified and non-codified regulation with a more comprehensive scope than that of simply ensuring competition. Issues that need special consideration, including balancing competition against other public interests, are analysed and the effectiveness of this way of dealing with the question of State aid is considered.
KW - Faculty of Law
KW - multi-stringed regulation
KW - national competition
KW - effectiveness of regulation
U2 - 10.21552/estal/2021/1/7
DO - 10.21552/estal/2021/1/7
M3 - Journal article
VL - 20
SP - 51
EP - 60
JO - European State Aid Law Quarterly
JF - European State Aid Law Quarterly
SN - 1619-5272
IS - 1
ER -