Industrial policy and competition policy. State aid and the restructuring of the European steel industry in the 1980s

Using documents from the Historical Archives of the European Union, the article assesses the results of the restructuring of the European Community steel sector carried out at the beginning of the 1980s, considered to be the first European industrial policy. The article concludes that State aid control by the European Commission, through the so-called aid codes, was the main tool of the Community restructuring policy and contributed to resolve the crisis that the sector had been suffering from the mid-1970s, even though the objectives set by the Commission were not fully achieved.

The Role of EU State Aid Law as a “Risk Management Tool” in the COVID-19 Crisis

This article discusses the role of European Union (EU) State aid law in the COVID-19 crisis. It contends that different Treaty derogations have played unique roles in addressing the core determinants of the economic risk linked to the pandemic (ie the “exposure” to lockdown measures and the “vulnerability” of certain sectors to them), and in increasing the resilience of national economies. Moreover, this article examines the extent to which EU State aid law has been used to manage and mitigate health risks, by allowing Member States to enhance the preparedness and capacity of their healthcare sector (broadly conceived) to respond to the pandemic. On the whole, this article maintains that State aid control has been used by the European Commission as an important “risk management tool”, and it highlights the role of the Commission as the crisis management authority.

Part VI Other Procedures Related to the Application of the Antitrust Rules, 16 Infringements of the Antitrust Rules by the EU Member States

This chapter looks at the procedure for the enforcement of antitrust rules in case of infringements by Member States. The ability of Member States to distort competition has been accordingly reflected in the EU legal system. Member States are subject to a specific obligation to respect the provisions of the Treaty under Article 106 TFEU; they are obliged to adhere to the principle of sincere cooperation as reflected in Article 4(3) TEU; and any support to companies they wish to grant is subject to state aid control. Furthermore, the general infringement procedure pursuant to Article 258 TFEU can be used to hold a Member State liable for any breach of the Treaty rules. The chapter deals with procedural rules relating to the former two forms of state behaviour captured by Article 106 TFEU and Article 4(3) TFEU—in conjunction with Articles 101 or 102 TFEU.