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This chapter examines the relationship between the application of Article 106 of the Treaty on the Functioning of the European Union (hereafter “TFEU”) and the Portuguese merger control regime, when a special or exclusive right granted to an undertaking by a Member State is at stake. The chapter highlights the differences between the competition rules applicable to undertakings and those applicable to Member States and seeks to assess whether the granting of special or exclusive rights can legally be considered a concentration. On the basis of this analysis, it concludes that merger control rules are not well suited to apply in situations where Member States grant special or exclusive rights to undertakings, notably through the award of a concession.

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Should Merger Control Rules Apply to the Granting of Special or Exclusive Rights by a Member State to an Undertaking? A Contribution to Tighten a Loose Knot

  • 章节

  • 发表日期：

    2025年

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  • José Luís da Cruz Vilaça,
  • Rita Leandro Vasconcelos

摘要

This chapter examines the relationship between the application of Article 106 of the Treaty on the Functioning of the European Union (hereafter “TFEU”) and the Portuguese merger control regime, when a special or exclusive right granted to an undertaking by a Member State is at stake. The chapter highlights the differences between the competition rules applicable to undertakings and those applicable to Member States and seeks to assess whether the granting of special or exclusive rights can legally be considered a concentration. On the basis of this analysis, it concludes that merger control rules are not well suited to apply in situations where Member States grant special or exclusive rights to undertakings, notably through the award of a concession.