Section outline
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Learning Outcomes
- Student explains the system of EU merger control and its procedural framework.
- Student distinguishes between competition rules for private undertakings and Member States.
- Student interprets provisions on state monopolies and state aid within the internal market.
- Student evaluates the economic and policy rationale behind EU state aid control.
Compulsory EU Law
- TFEU, Article 106-109
- Council Regulation (EC) No 139/2004
Task to Consider
Structured analytical problem, 900–1,100 words
EU competition law not only regulates the conduct of private undertakings but also addresses market power created or reinforced through mergers, state intervention, and public undertakings. In addition, the EU has developed a distinct system of state aid control reflecting both economic and policy considerations. Using Articles 106–109 TFEU and Council Regulation (EC) No 139/2004 (EU Merger Regulation), analyse the following issues:
- Explain the system and procedural framework of EU merger control.
- Distinguish between competition rules applicable to private undertakings and those applicable to Member States and public undertakings.
- Interpret the rules on state monopolies and public undertakings within the internal market.
- Analyse the concept, rationale, and control of State aid under EU law.
Your answer should demonstrate an understanding of both the legal structure and the economic and policy objectives of EU competition law.