The General Court has upheld a challenge to a 2016 Commission decision that had required Ireland to recover €13.2 billion in illegal State aid from Apple, on account of alleged preferential tax treatment for the...more
7/20/2020
/ Annulment ,
Apple ,
Corporate Taxes ,
EU ,
European Commission ,
Illegal State Aid ,
IP License ,
Ireland ,
Multinationals ,
Popular ,
Refunds ,
Reversal ,
State Aid ,
Subsidiaries
In anticipation of the wave of requests from stricken companies due to the COVID-19 outbreak for more long-term State support, on 8 May, the Commission extended the scope of its State aid Temporary Framework to allow Member...more
On 3 April, the Commission adopted an Amendment to extend the Temporary Framework for State aid measures to support the economy in the COVID-19 outbreak adopted on 19 March (covered in our previous alert: European Commission...more
On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal's (CAT) quashing of the Competition and Markets Authority's (CMA) decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions...more
4/1/2020
/ Abuse of Dominance ,
Appeals ,
Drug Pricing ,
Evidence ,
Excessive Pricing ,
Pfizer ,
Reaffirmation ,
Standard of Review ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT)
The European Commission has now adopted a Framework of temporary State aid rules enabling Member States to adopt measures to support the growing number of businesses suffering because of the COVID-19 outbreak. This is the...more
3/25/2020
/ Banks ,
Coronavirus/COVID-19 ,
Emergency Response ,
EU ,
European Commission ,
Federal Grants ,
Federal Loans ,
Financial Distress ,
Interest Rates ,
Member State ,
Small and Medium-Sized Enterprises (SMEs) ,
State Aid ,
State of Emergency ,
Subsidies ,
Tax Credits ,
Tax Deferral ,
Treaty on the Functioning of the European Union (TFEU)
As the number of businesses around the EU affected by the COVID-19 outbreak grows, many Member States are considering or have announced substantial supporting packages in an effort to limit the impact of the outbreak on the...more
The European Court of Justice's ruling in Paroxetine, handed down in record time just before Brexit, confirms the narrow interpretation of restrictions by object given in other recent cases. It also clarified certain issues...more
2/19/2020
/ Abuse of Dominance ,
Anti-Competitive ,
Appeals ,
EU ,
European Court of Justice (ECJ) ,
Generic Drugs ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Prescription Drugs ,
Reverse Payment Settlement Agreements ,
Treaty on the Functioning of the European Union (TFEU) ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT)
As the UK departs the European Union, the CMA – the UK competition regulator – is facing a transformation in its mandate. White & Case considers how the CMA will approach its workload during and after the Transition Period...more
2/1/2020
/ Anticompetitive Behavior ,
Antitrust Investigations ,
Cartels ,
Competition Authorities ,
Court of Justice of the European Union (CJEU) ,
EU ,
EUMR ,
European Commission ,
Expiration Date ,
Merger Controls ,
Mergers ,
Parallel Proceedings ,
Transitional Arrangements ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more
11/11/2019
/ Antitrust Violations ,
Appeals ,
Breach of Competition Law ,
Burden of Proof ,
Calculation of Damages ,
Cartels ,
Compensatory Damages ,
Compound Interest ,
Damage Caps ,
Damages ,
Electricity ,
European Commission ,
Infringement ,
Lost Profits ,
Power Grid ,
Punitive Damages ,
Remittitur ,
Treaty on the Functioning of the European Union (TFEU) ,
UK
On Thursday, 27 March, the European Court of Justice of the European Union (ECJ) annulled the General Court's ruling and the European Commission's decision on the EEG 2012 on the grounds that it was wrong to conclude that the...more
4/11/2019
/ Electricity ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Germany ,
Green Energy ,
Member State ,
Renewable Energy ,
Reversal ,
State Aid ,
State Budgets ,
Surcharges