EU competition policy

This chapter argues that dominant characterisations of EU competition policy - whether emphasizing the neo-liberal centralization of powers that allegedly forecloses industrial policy or, conversely, the under-enforcement of these powers - overlook the gradual emergence of an ‘experimentalist’ architecture. We trace the development of this architecture - which co-exists with legally concentrated powers - in the vital case of state aid, beginning with the adoption of a Temporary Framework for state aid measures in 2008 and culminating in its latest transformation into the Temporary Crisis and Transition Framework in 2023. We suggest that these state aid frameworks are temporary in name only. The rapid succession of distinct ‘temporary’ frameworks can be interpreted asreflect the gradual institutionalization of an experimentalist architecture - one that is recursively revised in response to unpredictable and rapidly unfolding crises. Furthermore, we argue that this architecture has served as a means for advancing key industrial policy goals, notably supporting Europe's small and medium-sized enterpreses and the long-term objective of the green transition. We conclude by offering wider implications for EU competition policy - a core part of the EU's economic governance, and a prime example for broader debates about European integration and policymaking.