Κατεύθυνση Άυλα Αγαθά και Ανταγωνισμός
Library of the School of Law

2019-02-13

2019

Giannopoulos Athanasios

Εφη Κινινή, Επίκουρος Καθηγήτρια Νομικής ΕΚΠΑ

Κρατικοί Περιορισμοί του Ανταγωνισμού με Κατάχρηση Δεσπόζουσας Θέσεως Δημόσιας Επιχείρησης ή Επιχείρησης Εξοπλισμένης με Αποκλειστικά ή Ιδιαίτερα Δικαιώματα

Greek

State Restrictions of Competition with Abuse of a Dominant Position of a Public Undertaking or Enterprise Granted with Exclusive or Special Rights.

This study examines state restrictions on competition procedure by granting state privileges to companies with a dominant position, both public and private. Initially the idea of Competitive Neutrality is presented in the OECD approach at international level which is illustrated with indicative examples of countries and then this study focuses at EU reality. At Εuropean Union level, the Competitive Neutrality is briefly presented through its five main pillars. Then this study recommends to focus on the application of article 106 TFEU. A "doctrinal hybrid," diagonally located between public and private law. This article is thoroughly analyzed in terms of its meaning and the broader concepts it contains and which, based on the shift of jurisprudence, that now is primarily examined on the basis of EU State Aid Law, EU Regulatory Law, EU Competition Rules and, of course, based on the other relevant provisions of EU law. Αfterward this study focuses on the application of Article 106 with 102 TFEU, where in the specific part of the present paper a detailed presentation of the abusive behavior of the dominant undertaking enjoying state privileges and annotated case-by-case decisions are given. It is currently noted that this presentation was made on the basis of the most specific form of abusive behavior and not on the sector in which it was concerned, such as energy, transport, telecommunications, etc.

Law and Legislation

Law of Competition

Competitive Neutrality, Competitive Neutrality Pillars, OECD, Enterprise, Public Undertaking, Exclusive Rights, Special Rights, State Measure, Abuse of a Dominant Position, State Action Defence,Services of General Economic Interest, Revenue-Producing Monopolies, State Aid, Good Cooperation, Effect Theory, Behaviour, Theory of Potential Abuse, Abus Automatique, Effet Utile, Inability to Meet Demand, Excessive Pricing, Unfair Traiding Terms, Conflict of Interest, Prohibiting Imports, Reservation of Ancillary Service, Leverage of Monopoly Power, Essential Facilities Doctrine, Inequality of Opportunities, DEI,

No

0

No

191

140

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https://pergamos.lib.uoa.gr/uoa/dl/object/2860355