News & Analysis as of

State Aid Court of Justice of the European Union (CJEU)

Cadwalader, Wickersham & Taft LLP

EU State Aid Litigation Casts a Long Shadow

On 2 April 2019, the European Commission (the “Commission”) concluded that the group finance company exemption from the UK’s controlled foreign company (“CFC”) regime, in respect of finance income that derived from UK...more

McDermott Will & Emery

European Competition Review 2022

McDermott Will & Emery on

In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business. The purpose of this Review is to provide legal counsel and their teams easy...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Court of Justice Faults European Commission for Expansive Interpretation of State Aid in Tax Rulings

On November 8, 2022, the Court of Justice of the European Union (CJEU), overturning the first instance EU General Court (General Court), annulled the European Commission’s (EC’s) decision that a Luxembourg tax ruling on...more

Cadwalader, Wickersham & Taft LLP

Getting the Fiats Straight: CJEU Annulled State Aid Decision against Fiat

On 8 November 2022, the Court of Justice of the European Union (the “CJEU”) set aside the EU General Court’s judgment of 2019 and annulled the European Commission’s State aid decision of 2015, which held that Luxembourg...more

McDermott Will & Emery

Annual European Competition Review 2021

CARTELS & RESTRICTIVE AGREEMENTS - EC FINES VALVE AND FIVE PUBLISHERS OF PC VIDEO GAMES FOR GEO-BLOCKING - AT.40413, Focus Home – Video Games; AT.40414, Koch Media – Video Games; AT.40420, Zenimax – Video Games;...more

K&L Gates LLP

Brussels Regulatory Brief: September 2021

K&L Gates LLP on

ANTITRUST AND COMPETITION - Competition Policy and the Green Deal - In her recent keynote speech, delivered at the 25th IBA Competition Conference on 10 September 2021, European Commission (the Commission) Executive Vice...more

McDermott Will & Emery

Annual European Competition Review 2020

McDermott Will & Emery on

McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver...

There is a lot currently happening in the European Union. From the latest European Court opinions with respect to merger clearance, dominance violations, data protection and state aid to Brexit, we’re checking in with our...more

McDermott Will & Emery

COVID-19 and EU Competition Proceedings: Extraordinary Times Call for Extraordinary Measures

McDermott Will & Emery on

As part of efforts to mitigate the effects of COVID-19, the Directorate-General for Competition of the European Commission and the EU courts are taking measures to prevent the spread of the virus among individuals whilst at...more

Dechert LLP

Intra-EU Arbitral Award Enforced in the U.S. – Achmea Objection Dismissed by D.C. District Court for the First Time

Dechert LLP on

A federal court in Washington, D.C. has recognized and enforced a US$331 million arbitral award against Romania under an intra-EU BIT—notwithstanding the objection of the European Commission that the award is incompatible...more

A&O Shearman

AG Wathelet Opinion: No Half-Baked Excuses on State Aid and the Incentive Effect

A&O Shearman on

Advocate General Wathelet has issued his opinion in the Eesti Pagar preliminary ruling, which if followed could have significant implications for Member States, national authorities and beneficiaries of State aid. Wathelet’s...more

A&O Shearman

Court of Justice of the European Union Confirms Validity of the European Commission’s 2013 Banking Communication on State Aid

A&O Shearman on

In its judgment of 19 June 2016, the Court of Justice of the European Union confirmed that the European Commission’s 2013 Banking Communication is not contrary to EU law. The Court clarified that the burden-sharing...more

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