EU State Aid Control

EU State Aid Control

Law and Economics

Second Edition

Edited by Philipp Werner & Vincent Verouden

When the first edition of EU State Aid Control – Law and Economics was published eight years ago, it was the first of a kind in its in-depth analysis of the legal and economic principles of EU State aid control, thoroughly exploring the main rationales of State aid and the various trade-offs that underlie the rules and the decisions taken by the Commission and the Courts.

Since then, a lot has happened. The world has seen developments that seemed to be a thing of the past: Brexit, the COVID-19 pandemic, and Russia’s invasion of Ukraine. European politics and the law of the European Union have had to adapt to these challenges and changes, and EU State aid law has been no exception. In recent years, the European Commission has conducted a review and adaptation of the General Block Exemption Regulation (GBER), as well as its Guidelines and communications covering practically all areas of State aid control. We have also seen new rules emerging, such as the EU/UK Trade and Cooperation Agreement, a new set of crisis rules in the wake of the COVID-19 pandemic, the Foreign Subsidies Regulation, and the Temporary Crisis and Transition Framework, which are all profoundly influencing, expanding, and modifying State aid control law and practice in the EU. At the same time, the European Courts have shaped State aid law through several important judgments.

The second edition of this book reflects these developments and their legal and economic implications. It has been thoroughly revised, updated and expanded. New chapters include a chapter on State aid control beyond the EU, dealing with Brexit and the Foreign Subsidies Regulation; a chapter on State aid in times of crisis, which discusses not only the COVID rules but also the broader implications of the use of temporary crisis rules on the enforcement of State aid rules; and chapters on State aid procedure and private enforcement of State aid.

As a critical assessment of the current status of EU State aid control from both legal and economic perspectives and as an authoritative guide through its complexities and pitfalls, this book will be of immeasurable value, now and in the coming years, to all stakeholders required to understand, interpret and apply the State aid rules.

Philipp Werner is a Partner in Jones Day’s Brussels office. He has extensive experience in the area of State aid and advises Member States as well as public and private companies on all areas of State aid and competition law. Vincent Verouden is an Economic and Policy Analyst at the European Commission, responsible for the ex-post evaluation of competition policy and enforcement. He previously worked as a Director of an economic consultancy active in the field of competition economics (2014-2019) and held various positions in DG Competition, including that of Deputy Chief Economist (2012-2014).