The Market Economy Investor Test in EU State Aid Law


Book Description

Introduction --The Dual Capacity of State and the MEIP --AG Lenz's View on the Applicability of the MEIP --Hytasa: Making a Distinction between the Two Capacities of the State --The Relation between the Fulfilment of Obligations, Which the State Assumed as a Public Authority, and the Exercise of Public Powers --The Applicability of the MEIP Post-EDF --The Applicability of the MEIP to Measures That Were Adopted in Relation to the 2008 Financial Crisis --The Applicability of the MEIP to the Financing of Services of General Economic Interest --Preliminary Remarks --Economic and Non-economic Objectives Pursued by a Public Investor --From Whose Perspective Should One Verify the Profitability of a State Intervention? --What Rate of Return Is Required under the MEIP and How to Calculate It? --In Search of the 'Right' Benchmark of the MEIP in a Given Case --When Should the Profitability Analysis Be Undertaken and Why? --The Test of Concomitance under the MEIP --The MEIP and Its Subtypes --The Judicial Review of Cases concerning the MEIP --Criticism of the MEIP --Conclusions.




The Market Economy Investor Test in EU State Aid Law: Applicability and Application


Book Description

For upwards of thirty years EU and EFTA courts have been using a test for applying the Market Economy Investor Principle (MEIP) 10 determine whether a state intervention amounts 10 granting of an economic advantage 10 a recipient undertaking. If the stale wishes 10 set as a commercial operator, it must comply with the MEIP. Unsurprisingly, the test remains a difficult and controversial legal instrument, and its very existence and credibility have been questioned. This book unravels the nation of the MEIP, analysing its applicability in order 10 clarify doubts and misinterpretations. Such an understanding is crucial because of the negative consequences of the test's misapplication, and also because the ongoing process of opening markets for more competition blurs the distinction between the public and private sectors. The analysis addresses such questions as the following; - What characterizes a 'prudent' investor? - When is it justified to consider a given public investor 'rational' or 'reasonable'? - How should too 'economic' or 'commercial soundness' of state interventions be understood? - What rate of return is required under the MEIP and how is it calculated? - When should the profitability analysis be undertaken and why? The author examines both the theory behind too principle and its practical application, with detailed attention to case law and the Commission's guidelines explaining the test's mechanism. Soo considers the various critiques of the test and concludes with proposals for change. Practitioners, policymakers, and academics will appreciate the great clarification offered of too MEIP - the character of an economic advantage under the MEIP and in aid scenarios, how to determine whether the MEIP is applicable 10 a given state measure, and how 10 apply the test according 10 its various subtypes and to atypical or complex interventions. They will find that too book's systematic analysis goes a long way to ensuring a credible and reliable assessment of the applicability of state aid under Article 107(1) TFEU.




Research Handbook on State Aid in the Banking Sector


Book Description

The Research Handbook on State Aid in the Banking Sector brings together experts in state aid and in financial regulation, drawn from legal academia, legal practice, economics, and from the EU and EEA institutions to shed light on this relationship. The editors and expert contributors do this by elucidating key concepts that underpin the application of state aid law to banks, and by considering specific aspects of the interface between state aid and financial regulation. The Handbook's analysis is complemented by a number of key country-based case studies, and by a concluding section which takes stock of the Banking Union’s package of legislative/regulatory reforms and reflects on the possible future role of state aid in this sector.




Europe in 12 Lessons


Book Description




Economics of Sovereign Wealth Funds


Book Description

The book covers a wide range of topics of relevance to policymakers in countries that have sovereign wealth funds (SWFs) and those that receive SWF investments. Renowned experts in the field have contributed chapters. The book is organized around four themes: (1) the role and macrofinancial linkages of SWFs, (2) institutional factors, (3) investment approaches and financial markets, and (4) the postcrisis outlook. The book also discusses the challenges facing sovereign wealth funds in the coming years, from an inside perspective on countries, including Canada, Chile, China, Norway, Russia, and New Zealand. Economics of Sovereign Wealth Funds will contribute to a further understanding of the nature, strategies and behavior of SWFs and the environment in which they operate, as their importance is likely to grow in the coming years.




State Aid Uncovered


Book Description

This third volume of State Aid Uncovered reviews the main developments in the field of State aid in 2015. The past 12 months have been full of surprising twists and turns in the evolution of the concept of State aid. EU courts have ruled on issues such as public pronouncements and State resources, while the Commission has tackled tax advantages for multinational companies and has given us new perspectives on how State aid may affect cross-border trade. Phedon Nicolaides who is Professor at the College of Europe in Bruges and the University of Maastricht, as well as Academic Director at Lexxion Training, casts a critical eye on State aid judgments and decisions of the preceding year. The book compiles articles originally published on a weekly basis on Lexxion's StateAidHub.eu. The compilation is conveniently grouped into chapters covering issues such as "Non-Economic Activities," "Selectivity," "Infrastructure," or "Recovery of Incompatible State Aid." Each article presents the main points of a court ruling or Commission decision, places them in the context of similar case law or practice, assesses the underlying reasoning, and identifies any inconsistencies or contradictions. The reader will benefit from a fairly comprehensive and easily accessible compilation of the main developments in State aid law and practice and will gain an insight in how State aid principles can be applied in practice.




Varieties of Capitalism


Book Description

Applying the new economics of organisation and relational theories of the firm to the problem of understanding cross-national variation in the political economy, this volume elaborates a new understanding of the institutional differences that characterise the 'varieties of capitalism' worldwide.




Principles


Book Description

#1 New York Times Bestseller “Significant...The book is both instructive and surprisingly moving.” —The New York Times Ray Dalio, one of the world’s most successful investors and entrepreneurs, shares the unconventional principles that he’s developed, refined, and used over the past forty years to create unique results in both life and business—and which any person or organization can adopt to help achieve their goals. In 1975, Ray Dalio founded an investment firm, Bridgewater Associates, out of his two-bedroom apartment in New York City. Forty years later, Bridgewater has made more money for its clients than any other hedge fund in history and grown into the fifth most important private company in the United States, according to Fortune magazine. Dalio himself has been named to Time magazine’s list of the 100 most influential people in the world. Along the way, Dalio discovered a set of unique principles that have led to Bridgewater’s exceptionally effective culture, which he describes as “an idea meritocracy that strives to achieve meaningful work and meaningful relationships through radical transparency.” It is these principles, and not anything special about Dalio—who grew up an ordinary kid in a middle-class Long Island neighborhood—that he believes are the reason behind his success. In Principles, Dalio shares what he’s learned over the course of his remarkable career. He argues that life, management, economics, and investing can all be systemized into rules and understood like machines. The book’s hundreds of practical lessons, which are built around his cornerstones of “radical truth” and “radical transparency,” include Dalio laying out the most effective ways for individuals and organizations to make decisions, approach challenges, and build strong teams. He also describes the innovative tools the firm uses to bring an idea meritocracy to life, such as creating “baseball cards” for all employees that distill their strengths and weaknesses, and employing computerized decision-making systems to make believability-weighted decisions. While the book brims with novel ideas for organizations and institutions, Principles also offers a clear, straightforward approach to decision-making that Dalio believes anyone can apply, no matter what they’re seeking to achieve. Here, from a man who has been called both “the Steve Jobs of investing” and “the philosopher king of the financial universe” (CIO magazine), is a rare opportunity to gain proven advice unlike anything you’ll find in the conventional business press.




Rebuilding Germany


Book Description

The social market economy has served as a fundamental pillar of post-war Germany. Today, it is associated with the European welfare state. Initially, it meant the opposite. Rebuilding Germany examines the 1948 West German economic reforms that dismantled the Nazi command economy and ushered in the fabled 'European Miracle' of the 1950s. Van Hook evaluates the US role in German reconstruction, the problematic relationship of Chancellor Konrad Adenauer and his economics minister, Ludwig Erhard, the West German 'economic miracle', and the extent to which the social market economy represented a departure from the German past. In a nuanced and fresh account, Van Hook evaluates the American role in West German recovery and the debates about economic policy within West Germany, to show that Germans themselves had surprising room to shape their economic and industrial system.




EU Law of Economic & Monetary Union


Book Description

Presenting a sweeping analysis of the legal foundations, institutions, and substantive legal issues in EU monetary integration, The EU Law of Economic and Monetary Union serves as an authoritative reference on the legal framework of European economic and monetary union. The book opens by setting out the broader contexts for the European project - historical, economic, political, and regarding the international framework. It goes on to examine the constitutional architecture of EMU; the main institutions and their legal powers; the core legal provisions of monetary and economic union; and the relationship of EMU with EU financial market and banking regulation. The concluding section analyses the current EMU crisis and the main avenues of future reform.