Bringing the ‘Market Economy Agent’ Principle to Full Power
European Competition Law Review, Forthcoming
8 Pages Posted: 15 Jun 2012 Last revised: 24 Jul 2012
Date Written: June 15, 2012
The recent ECJ Judgment in case C-124/10 P Commission v Électricité de France (EDF) has clarified an important point in EU State aid law that bears attention: the ‘private investor’ test is not an exception, but the general test that the Commission must apply. This paper critically appraises the potential implications of such finding.
Keywords: State aid, ‘private investor’ test, ‘market economy agent’ principle, public powers, substantive appraisal, public market intervention, undistorted competition
JEL Classification: H25, H57, K21, K42
Suggested Citation: Suggested Citation