Robert Bäuerle

Robert Bäuerle

McDermott Will & Emery

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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

German Court Rejects National Competition Authority Liability for Damages After Unlawful Prohibition of a Merger

The Higher Regional Court in Düsseldorf yesterday dismissed an action for damages of €1.1 billion brought by GN Store Nord against the German Federal Cartel Office. The judgment sheds some light on the possibility for...more

3/27/2014 - EU Mergers Prohibited Transactions

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

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

Updated Oral Statement Guidance for Leniency Applicants

On 8 October 2013, the European Commission (Commission) issued updated guidance for companies that make oral statements when cooperating with the Commission in a cartel investigation....more

10/10/2013 - Cartels EU European Commission Fines Leniency Programs

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 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

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

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

European Competition Network Revises the Model Leniency Programme

The network of European antitrust regulators, the European Competition Network, has revised its model leniency programme for cartels. Major changes include a broader scope for summary applications when applying for leniency...more

12/21/2012 - Cartels Competition EU Leniency Programs

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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