Can State Aid Control Learn from Antitrust? The Need for a Greater Role for Competition Analysis under the State Aid Rules

Abstract

This chapter discusses the development of competition analysis under Article 81 from the early period of legal formalism to the more effects-based approach post-Delimitis. It specifically emphasizes the influence of the changes in analysis, and contrasts the development under Article 81 with the current position under State aid rules. The comparison exhibit striking similarities between the early approach under Article 81 and the current policy under the State aid provision proposes that a greater role of an effects-based competition analysis may remedy some of the failings of State aid policy. The control of restrictive arrangements under Article 81 is particularly suited as a comparator to State aid control under Article 87 due to the obvious similarities between the two provisions. The competition analysis and the scope of State aid control are also addressed. It is believed that the developments of competition policy under Article 81 may offer significant lessons for State aid policy.