The European Commission monitors State aid in the European Union through its notification procedure, and expert economic analysis is an essential instrument throughout this process.

Some of the most common issues we tackle on behalf of our clients include:

  • What are the effects of the aid on competition?
  • Are public company rebates compliant with a market price?
  • Is investment and start-up aid market conform?
  • Does the aid fulfil the Market Economy Operator Principle (MEOP)?
  • Is investment and start-up aid market conform?
  • How would a proposed state aid or aid scheme need to be adjusted in order to be compatible with the law?
  • What are the effects of state aid on competition?

Another area of State aid we work with is in disputes resulting from unlawful State aid. Where such unlawful State aid has been granted, third parties have the right to claim damages based on the quantified harm of the aid. We excel at assessing the harm caused by these actions in monetary terms and providing this data to our clients in a clear and concise manner.

Our team has extensive experience in State aid cases acquired both within the European Commission as well as from advising private and public clients. We regularly help private and public companies before, during and after State aid notifications to the Commission. Our team is familiar with the Commission procedures. We also support clients with compliance work, assessing whether a proposed subsidy constitutes state aid.

Recent State aid experience:

  • Existence of aid for investments in the energy and aviation sector
  • Compatibility assessment under IPCEI
  • Compatibility assessment under Rescue and Restructuring aid Guidelines
  • Compatibility assessment under Regional aid Guidelines
  • State aid complaints to the European Commission

We help our clients with

We support clients during in-depth investigations related to the existence and compatibility of notified aid. By employing the most advanced economic analysis and tools, we identify whether the aid provided should be considered illegal or not. We provide economic argumentation including, in some cases, NPV and WACC evaluation and calculations, and gap assessments.

We assist clients in the quantification of damages in instances where State aid has resulted in damages being awarded to third parties. Quantification of damages requires economic analysis of the economic effects of the aid.

We assist clients with their contributions to reviews of State aid rules and guidelines at the Commission and national levels. Current State aid rules and guidelines are regularly reviewed to ensure that the objectives of the guidelines are being achieved. We can assist in this process by formulating economic arguments and support for any such contributions.

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