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

To check whether an aid may benefit from an exemption under Article 107(3) TFEU, the Commission has a discretionary power of assessment. However, that power is subject to two conditions. Firstly, the aid must be necessary to reach one of the objectives of the Treaty.  In this respect the Commission is bound, in the specific area of State aid, by the frameworks and communications it adopts insofar as they do not deviate from the Treaty standards and are accepted by the Member States . Second, the control of compatibility is exercised not only in the interest of the State dispensing the aid, but also in the EU interest.

Case T-766/16 Hércules Club de Fútbol SAD, Judgment of 20 March 2019, LawLex202000001899JBJ.

403. Assessment