European Competition Law provides a wide-ranging review of the European rules relating to competition: restrictive agreements, abuse of a dominant position, impact of intellectual property rights, procedure, merger control, State aid.

European Competition Law

In the 1980s, the Commission developed a test - the private investor test or market economy investor test - in the context of acquisitions of holdings by the State in the capital of undertakings in difficulty. Those holdings were classified as aid where the State had adopted behavior which was different from that of a private investor. After its establishment, that assessment method was rapidly ex …

Twofold criterion

In the 1980s, the Commission developed a test - the private investor test or market economy investor test - in the context of acquisitions of holdings by the State in the capital of undertakings in difficulty. Those holdings were classified as aid where the State had adopted behavior which was different from that of a private investor. After its establishment, that assessment method was rapidly extended to all other economic transactions in which the State could take part - loans or guarantees, purchases or sales - the investor test being extended to that of private operator or market economy operator.

A second test appeared in the 1990s in the case of undertakings in charge of a general interest mission. The EU authorities first considered that the funding of a public service obligation did not amount to aid , and then they ruled that although it constituted an aid, it could benefit from a derogation under Article 106(2) TFEU 2 , before reverting to their initial position based on a rule of reason. Now, pursuant to the Altmark decision , the classification as State aid must be excluded where the public funding does no more than offset the financial burdens relating to the performance of public service obligations. Article 106(2) TFEU only applies where the conditions of the Altmark decision are not fulfilled.

According to the General Court, the Altmark and the market economy private operator tests are two analytical tools that apply in different situations alternatively .

See Commission Decision No C-1995/262/07 of 8 February 1995, Régime fiscal de la Poste, OJ C 262, 7.10.1995.

Case T-106/95 FFSA and others v Commission [1997] ECR II-229, LawLex200500005155JBJ, Rec. II-299; Case T-46/97 SIC v Commission [2000] ECR II-2125, LawLex200500005207JBJ, Rec. II-212.

Case C-280/00 Altmark Trans and Regierungspräsidium Magdeburg [2003] ECR I-7747, LawLex200500004593JBJ.

Case T-79/21 Ryanair DAC, Judgment of 14 June 2023, LawLex202400004699JBJ.

European Competition Law

386. Twofold criterion

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

386. Twofold criterion

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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