Remedies in Public Competition Law

Public competition law addresses State measures that have the effect of actually or potentially distorting competition. In this thoroughly researched and compelling book, a well-known authority on EU State aid examines the system of remedies available in cases of infringement of State aid rules and proposes a specific approach to reform. The book combines a detailed analysis of the origins, stated goals, and fundamental principles of the system of recovery of unlawful aid with recommendations designed to ensure effective deterrence, rectify competitive distortions caused by unlawful aid, and mitigate conflicts between Member States and aid beneficiaries.

In the process of delineating the substantive and procedural rules, including enforcement criteria, that constitute the backbone of the current system of remedies – as well as highlighting the uncertainties and inconsistencies that a comprehensive reform should seek to address – the analysis explores such contextual factors as the following:

• inclusion of aid beneficiaries in administrative procedures;

• establishment of a specific procedure for determining remedies;

• adaptation of the system of remedies to the modernisation of State aid law, including objectives such as budgetary discipline and effective tackling of economic crises;

• clarification of the notion of the status quo ante;

• enforcement of State aid law by national courts;

• harmonisation of national laws governing the private enforcement of State aid rules; and

• convergence of State aid law and foreign subsidies law to create a comprehensive system of remedies for public competition law as a whole.

The author’s call for urgent, comprehensive reform of the EU’s State aid system of remedies promises to enhance policy coherence and effectiveness. Both theoretical and practical, the book will nourish scholarship in the field and assist greatly in the work of interested policymakers and practitioners.