Q&As

How are state aid rules applied in respect of public service broadcasting?

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Published by a LexisNexis Competition expert

Published on: 19 January 2017

There are sector specific Rules in relation to State aid and broadcasting. We refer you to Commentary: Public Service Broadcasting and State Aid: Butterworths Competition law Service [2331].

In order for there to be state aid under Article 107 TFEU: (i) there must be an intervention by the state or by means of state resources; (ii) the intervention must be liable to affect trade between Member States; (iii) it must confer an advantage on the Beneficiary; (iv) it must distort or threaten to distort competition.

Broadcasters with a public service mandate are typically funded out of a state budget or through levies on citizens that own broadcasting equipment (eg the TV licence in the UK). This public funding is generally considered to distort the internal market as

Jurisdiction(s):

United Kingdom

Key definition:

State aid definition

What does State aid mean?

Assistance provided by an EU Member State, or one of its public authorities, using public resources which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods.