Martina Maier

Martina Maier

McDermott Will & Emery

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New Rules For Energy Aid: EU Adopts Revised Guidelines For Assessment Of State Aid in The Energy Sector

For the first time, the European Commission has decided on comprehensive rules for the assessment of State aid in the energy sector. The new text adopted on 9 April 2014 will create the framework for the ability of EU Member...more

4/10/2014 - Energy Energy Policy EU Renewable Energy

Exemptions for Energy Intensive Companies From Renewable Energy Surcharges: Commission Opens In-Depth State Aid Investigation...

The European Commission has opened an in-depth State aid investigation into a French scheme, under which energy intensive companies are exempted from renewable energy surcharges. The decision to open the formal investigation...more

3/31/2014 - Energy Energy Policy EU Renewable Energy

European Commission Targets Spanish Football Clubs including Real Madrid and Barcelona for State Aid Investigations

The European Commission (Commission), on 18 December 2013, opened three formal State aid investigations into public support measures for major Spanish football clubs. The Commission alleges that the clubs under investigation...more

12/19/2013 - EU European Commission Investigations Soccer

European Commission Investigates Exemption from Renewable Energy Surcharge for Energy-Intensive Companies in Germany

The European Commission today opened a State aid investigation into the German Renewable Energy Source Act (the EEG), claiming that the EEG may have given unlawful advantages to energy-intensive companies in Germany. These...more

12/18/2013 - EU European Commission Excise Tax Renewable Energy Tariffs Tax Benefits Tax Exemptions

EU National Courts May Have to Order Recovery of State Aid Before European Commission Makes Final Decision

The European Court of Justice decided on 21 November 2013 that EU national courts must assume that a measure qualifies as State aid, if the European Commission has opened an in-depth investigation into that measure....more

11/26/2013

CJEU Confirms Prior State Aid Cannot be Taken into Account by Public Authority To Justify Further Subsidies as Market Behaviour

In its recent judgment in Land Burgenland (Joined Cases C-214/12 P, C-215/12 P and C-223/12 P) the Court of Justice of the European Union has confirmed that State aid granted to an undertaking in the past must not be taken...more

10/31/2013 - CJEU Competitive Bidding ECJ EU European Commission Subsidies Vendors

State Aid Procedural Regulation Grants More Powers to the European Commission

New rules of procedure in EU State aid investigations will enter into force very soon. The European Commission will, for the first time, have the opportunity to request information from entities other than the EU Member State...more

7/31/2013 - EU Grants Investigations State Aid

New Guidelines on Regional Aid for 2014–2020

The European Commission adopted new Guidelines for regional aid for the period 2014–2020. The new legal framework will have significant impact on the possibility of public support for investments of public and private...more

6/27/2013 - Economic Development EU European Commission Government Aid

New German Cartel Fine Guidelines

The German Federal Cartel Office has just published new Guidelines on the Setting of Fines for antitrust law infringements. With these guidelines, the German Federal Cartel Office departs from the method of setting fines...more

6/27/2013 - Cartels Competition EU European Commission Fines

EU Commission published proposals for private antitrust litigation

On 11 June, the European Commission (“Commission”) published its long-awaited package of proposals on private antitrust litigation. The package is divided into three sets: (1) a Draft Directive on actions for damages (2) a...more

6/12/2013 - Cartels Collective Actions Damages EU European Commission Joint and Several Liability Leniency Documents Statute of Limitations

Commission Launches First State Aid Investigations Into Football Clubs

The European Commission opened the first in-depth investigation into alleged State aid for professional football clubs. This comes after the Commission launched investigations into the financing of arenas. It is likely that...more

4/2/2013 - EU European Commission Investigations Public Financing Soccer Sports

Seizure of Electronic Data: Dawn Raid Inspection Guidance Revised

In an era when the vast majority of written communications are made by electronic means, a company’s obligations to cooperate with Commission officials in an “antitrust dawn raid” extend to the granting of access to all...more

3/22/2013 - Compliance Dawn Raids Electronically Stored Information European Commission

The Microsoft Internet Explorer Saga: Microsoft Fined €561 Million for Failure to Keep Promises

The European Commission has fined Microsoft €561 million (approximately US$730 million) for failure to abide by a commitment made in 2009 to make a browser-choice screen available to PC-users. The fine is in relation to the...more

3/12/2013 - Competition EU European Commission Microsoft Settlement

German Federal Cartel Office Levies Administrative Fine Due to Incomplete Merger Notification

The German Federal Cartel Office (FCO) has imposed an administrative fine for the submission of incomplete information in a merger notification. The missing information concerned details about shareholdings essential for the...more

1/24/2013 - Cartels EU Fines Notice Requirements Pre-Merger Filing Requirements Shareholders

Infrastructure Financing Does Fall Within The Scope of European Union State Aid Rules

The Court of Justice of the European Union (CJEU) has confirmed that the financing of infrastructure projects is subject to the European State aid rules. The judgment concerns the financing of airport infrastructure, but the...more

12/20/2012 - CJEU EU Infrastructure

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