On 19 May 2016, the Commission released its Notice on the notion of state aid. The aim of this Notice is to provide legal certainty by clarifying the key concepts relating to the notion of state aid. Ironically, many argue that the Commission has stretched this notion in the tax ruling cases, harming the same…
In its decision passed on 30 March 2016, the Delhi High Court upheld the order passed by the Competition Commission of India (CCI) directing an investigation into the allegations of abuse of dominance against Telefonaktiebolaget LM Ericsson (Ericsson) with respect to its actions as a Standard Essential Patent (SEP) holder. The present decision sets the…
Introduction The Irish Waste Management Association (IWMA), an association of undertakings accounting for 75% the household waste currently managed in Ireland, announced that it is committed “to freezing prices at current rates for twelve month period from 20th June 2016 to 1 July 2017.”[1]IWMA, “IWMA Agrees Measures to Alleviate Consumer Concerns on Pay by Weight,”…
On Friday, 1 July 2016, the German Federal Ministry of Economic Affairs finally published its draft law implementing the European Union directive governing actions for damages for infringements of competition rules (“Damages Directive”). The drafting process by the German Federal Ministry of Economic Affairs, which was formally in charge of drafting the law, took place…
A non-compete obligation which is imposed on the seller in the context of a M&A transaction can be permissible when it is ancillary to the transfer of the relevant business, that is, when it is directly related and necessary to the implementation of the deal. In order to enjoy the fruits of the purchase of…
HERE IS AN ARTICLE BY MY COLLEAGUES ANITA BANICEVIC AND JOHN BODRUG ON A RECENT CASE IN WHICH THE CANADIAN AND U.S. AUTHORITIES REACHED DIFFERENT CONCLUSIONS ON A MERGER BECAUSE OF THE COUNTRIES’ DIFFERENT LEGAL STANDARDS On June 28, 2016, Canada’s Competition Bureau announced that it had cleared Superior Plus Corporation’s acquisition of Canexus Corporation…
Mark Katz and Alysha Manji-Knight Introduction Combatting corruption in public procurement is a top enforcement priority of the Canadian government. Canada’s Competition Bureau (“Bureau”) plays a major role in this effort, through its investigation and prosecution of cartel offences under the Competition Act (“Act”). Another key weapon in this battle is the Canadian government’s “Integrity…
After the UK Brexit referendum of 23 June the implications on the political, economic and legal relations between the UK and the EU have been discussed from many angles. But what about one of the main pillars for the successful integration of the European Single Market: State aid law? Does the end of EU membership…
Fordham University School of Law will hold its 43rd Annual Conference on International Antitrust Law and Policy on September 22-23, 2016, at Fordham Law School in New York City. The topic will be the future of antitrust in Asia. There also will be a pre-conference antitrust economics workshop on September 21. The conference will begin…
“Improper and plainly undermines legal certainty and the rule of law.” This is how four U.S. senators – including the Chairman and Ranking Member of the U.S. Senate Finance Committee – recently described the European Commission’s State aid investigation into tax rulings by Member States, including into Ireland’s tax treatment of Apple. Of course the…
