By Davide Maresca
This casebook is an attempt to give an explanation for infrastructure markets from a distinct standpoint: legislation. legislation capability the research of 2 major teams of legislation, particularly inner marketplace and antitrust legislations. the purpose is to discover a uniform legislation acceptable to infrastructures within the ecu universal marketplace via an instantaneous examining and clarification of judicial evaluations. The ebook is split into 5 elements: common chapters and 3 thematic chapters. the 1st bankruptcy is an advent to the most ecu legislations ideas appropriate to infrastructure markets. the second one bankruptcy applies the providers of basic curiosity doctrine to infrastructure markets: the most important factor is the separation of the general public administrations and the non-public businesses working infrastructures. The thematic chapters specialize in seaports, railways and airports, respectively. The middle of the exam is a twin standpoint facing either the inner marketplace ideas and making sure reasonable competition.
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Extra resources for Regulation of Infrastructure Markets: Legal Cases and Materials on Seaports, Railways and Airports
The emergence of EU contract law: exploring europeanization, Oxford, 2011 and Tizzano R. ), Il diritto privato dell’Unione europea, Torino, 2006, p. 1668 ff. 2 European Legal Principles Applicable to Infrastructures Regulation 17 24 The commission maintains that this objection concerns less the definition of the market than the criteria used to establish the existence of a dominant position . since tyre manufacturers have on the whole chosen to sell their products on the various national markets through the intermediary of national subsidiaries , the competition faced by Michelin nv is on the Netherlands market.
81 A capital contribution from public funds must therefore be regarded as satisfying the private investor test and not constituting State aid if, inter alia, it was made at the same time as a significant capital contribution on the part of a private investor made in comparable circumstances (see, in that regard, Air France, cited in paragraph 80 above, paragraphs 148 and 149). 82 As regards, first, the employees' participation in the applicant's capital, it was reasonable for the Commission to decide that it cannot be taken into consideration since the conditions under which this works are very different from those applicable to IRI's contribution (contested decision, point VII, fifth paragraph).
In substance it contends that the commission ' s assessment of its market position is vitiated by error first because the commission confined its analysis to the Netherlands market alone and relied on an incorrect definition of the relevant product market and secondly because in finding the existence of a dominant position it took account of immaterial factors and disregarded criteria excluding the existence of such a position. ( 1 ) The substantial part of the common market at issue 23 The applicant ' s first submission under this head challenges the commission ' s finding that the substantial part of the common market on which it holds a dominant position is the Netherlands .