In this and the last seminar I want to look at state policy and EU competition law. One of the questions I want to raise is how far we are still able to speak of state policy, but before we get there the aim is to work out how EU competition law applies to state action. The seminar is run in a slightly different way because we start with a presentation on the US judgment which restates the state action doctrine; we then use that background to look at the EU rules. NB there are two sets of rules in the two cases: the CIF judgment looks at the combined reading of Art 4(3) TEU and Art 101 TFEU, while the Greek Lignites judgment looks at the combined reading of Arts 106(1) and 102 TFEU.
Gerard ‘EU Competition Policy after Lisbon: time to Review the State Action Doctrine? (2010) 1(3) Journal of European Competition Law and Practice 202
Case C-198/01 Consorzio Industrie Fiammiferi  ECR I-8055
Case T-169/08 Dimosia Epicheirisi Ilektrismou AE (DEI) v Commission judgment of 20 Sept 2012 (the Commission has appealed, see here.
FTC v Phoebe Putney 568 US ___ (2013)