The application of articles 101, 102 and 106 to state measures, monopolies and /or undertakings enjoying special or exclusive rights under the treaty of the functioning of the European Union

Abstract

This thesis examines the application of European Union competition laws to Member States, public undertakings and private undertakings having been granted special or exclusive rights. Bearing in mind that the competition provisions are directly applicable to private undertakings, this thesis explores the application of Articles 101, 102 and 106 TFEU via the Union’s case-law. This work examines the concept of the "undertaking" as applicable to public bodies and entities, the functional and solidarity principles and the effet utile doctrine envisaged by the Court 1 in order to create a set of principles which indicate when and how the competition provisions are to apply to acts of Member States directly or through public undertakings or private undertakings with special or exclusive rights. Articles 101, 102 and 106 are initially discussed separately; however the interconnection between the three articles forming the Union's competition regime is discussed at length. The thesis questions whether the renvoi character of Article 106 is currently at stake, and whether the Court adopts double-standards when applying the provisions of Articles 101 and 102 to acts of Member States, public undertakings and private undertakings having been granted special or exclusive rights.