Competition law is designed to protect the free market system. It is rooted in the premise that vigorous competition will yield the best allocation of economic resources, with products and services at the lowest prices and the highest quality, and with incentives for firms to innovate, all for the benefit of consumers. Competition law, accordingly, ensures that each company makes its pricing and production decisions independently and that aid measures by the State are limited.
In support of this goal, European State Aid rules prohibit any aid granted by a Member State or through State resources unless it is justified by reasons of general economic development. In principle, aid measures can only be implemented after prior notification to and approval by the European Commission. The European Commission has the power to recover incompatible State Aid. Parties affected by unlawful aid can also bring direct action before national courts for recovery, damages or injunctive measures.
& DE BANDT regularly assists domestic and international companies and authorities in ensuring that they comply with the applicable State Aid rules and represents them in formal and informal State Aid cases before the European Commission. In the same vein, our lawyers also regularly assist public authorities (both EU and national) with setting up and implementing their financial instruments and support schemes in line with the applicable EU rules.
& DE BANDT also boasts exceptional expertise in complex State Aid litigation before the national and European courts, both as claimant and defendant.
