January 2012 Workshop on competition law aspects International Legal Expert Meeting, 19-20 January 2012 Leiden University, The Netherlands Jacques Derenne.

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Presentation transcript:

January 2012 Workshop on competition law aspects International Legal Expert Meeting, January 2012 Leiden University, The Netherlands Jacques Derenne

"Automatic abuse" Joined Articles (1) TFEU 2 Sacchi, 1974, prima facie legality Höfner, 1991, "automatic abuse" (RTT etc.) Corbeau, 1993, illegality presumption –tentative classification: inability to meet demand (Höfner) conflict of interest (FR postal framework, RTT) reservation of ancillary activity (hybrid mail, 2008) Article 106(2) TFEU –SGEI –restrictive interpretation

State aid C-431/07 P, Bouygues and Bouygues Telecom –no State aid (confirmation SA.29191, Free) Altmark criteria public procurement procedure: a panacea? State aid issues in PP(P) –favourable contract terms (BAI, 1999) –changes to contract terms (London Underground, 2002) –secondary criteria (BAI, 1999) 3

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