On 16 July 2018, the EU Commission (EC) adopted its “Code of Best Practices for the conduct of State aid control procedure” (Best Practices). The Code replaces the Notice on a Code of Best Practices adopted in 2009 (2009 Code) and integrates the Simplified Procedure Notice of 2009. Over recent years, the EC has implemented…
The Government has given its strongest indication yet that a domestic State aid regulatory regime, substantively similar to the EU State aid regime which applies today, will be in place at the end of the Brexit transitional period, with the Competition and Markets Authority (CMA) taking on the role of State aid regulator. Preparations to…
On 2 February 2018, the EU Internal Market Sub-Committee of the House of Lords (“EU Committee”) published its report on the implications of Brexit on competition law and State aid (“Report”)[1]. On antitrust and merger control, the Report concludes that there should continue to be consistency between the UK’s and EU’s approach to competition matters,…
While recent upheavals in global politics have shifted attention far from international taxation matters, the state aid case against Apple continues to fuel intense debates on both sides of the Atlantic. Before we delve deeper into the latest developments of a discourse that has the potential to shape the future of multinational structures, IP licensing,…
Background The notion of ‘undertaking in difficulty’ is a key element in State aid law because undertakings in difficulty can only received any State aid under the restrictive conditions for so-called rescue and restructuring aid. Any other form of State aid is excluded, even when competing companies that are not in difficulties can receive such…
On 30 December 2016, the Antimonopoly Committee of Ukraine (AMC) published a report on its inquiry into State support measures in the energy sector. With a 2 August 2017 deadline just around the corner, the report provides timely information on possible State aid issues in the Ukrainian coal and related energy sectors. In particular, while…
What light does the European Commission’s much anticipated 130-page decision, published Monday, 19 December 2016, shed on the Commission’s case and the parties’ prospects for appeal? In the second of a series of short blogs on the Apple case, here’s a quick-look review and comment on the Commission’s decision. We know now that the Commission’s…
Introductory remarks Following such landmark cases as Ryanair,[1] EDF[2] and ING,[3] one may observe a truly impressive expansion and development of the MEIP. While the EU Courts have (finally) drawn attention to the question of the applicability of the MEIP, the Commission and ESA often have had to decide on quite novel and complex issues…
Under the EU-Ukraine Association Agreement (Association Agreement), Ukraine is required to roll out state aid regulation in convergence with the EU acquis. The European-style regulation – to be effective from 2 August 2017 – will be based on the Association Agreement itself, the Law of Ukraine on State Aid to Undertakings No. 1555-VII of 1…
The EU antitrust rules on State aid aim to prevent Member States from distorting competition by giving companies receiving State assistance a “leg up” on their competitors. The concept of State “aid” is broad, and the circumstances under which it may unlawfully distort competition are not always obvious. In addition, the Treaty provisions and secondary…
