Eleni Manaridou publishes an article in the European Law Review – University of Copenhagen

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25 June 2015

Eleni Manaridou publishes an article in the European Law Review

Eleni Manaridou, CESEL PhD student, has published an article titled The Greek Lignite case: a (questionable) victory of the “effects theory” in the European Law Review.

The article considers the longstanding question of the circumstances in which a State measure granting exclusive rights violates Article 106(1) TFEU in conjunction with Article 102 TFEU, and provides a critical assessment of the “effects theory”, which was first rejected by the General Court and then endorsed on appeal by the Court of Justice in the Greek Lignite case. It is argued that the application of Article 106(1) TFEU together with Article 102 TFEU should not be based simply on the anti-competitive foreclosure effects of a State measure, making abusive conduct totally irrelevant. The article argues that identifying abusive conduct, even if it is only potential, and establishing a causal link between a State measure and abusive behaviour are two separate but equally important steps in the combined application of Articles 106(1) and 102 TFEU, and discusses whether following Greek Lignite there is a clear and absolute choice in favour of the “effects theory”.

Available on WestLaw

Full reference: E. Manaridou, ‘The Greek Lignite case: a (questionable) victory of the “effects theory”’ (2015) 40(3) E.L.Rev. 424-438