The following Competition practice note Produced in partnership with Suzanne Rab provides comprehensive and up to date legal information covering:
State intervention in the economy may interact with EU Treaty obligations, most notably the duty of loyalty under Article 4(3) TEU and Article 106 TFEU. For example, the state may incur liability under Article 4(3) TEU or Article 106(1) TFEU where its actions result in or are likely to lead to an infringement by an undertaking of the competition rules contained in Article 101 or 102 TFEU.
Article 106(2) contains a limited exception from the TFEU rules in favour of undertakings entrusted with the operation of services of general economic interest (SGEI) or which have the character of a revenue-producing monopoly.
There are also situations where the public body may itself be held to be engaging in economic activity such that it is a relevant ‘undertaking’ for the purposes of competition law.
The UK law on the application of competition and EU law to state measures is modelled on EU law, although there are some differences. The UK Competition Act 1998 itself contains an exclusion for ‘services of general economic interest’ and ‘revenue-producing monopoly’ analogous to Article 106 TFEU. It also provides an exclusion for ‘legal requirements’ informed by the EU law concept of state compulsion.
The ownership and delivery of public services such as energy, postal services, telecommunications and transport have undergone significant structural change and the Commission has been instrumental
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.