The European Commission and EU courts have made state aid private enforcement “less appealing and less attractive” by ignoring national court judgments, a state aid lawyer has said.
The European Commission has found the “double non-taxation” of McDonald’s profits in Luxembourg does not amount to illegal state aid, but rather derives from a difference in US and Luxembourg tax laws.
The UK government has said it will apply a “common rulebook” regarding state aid upon Britain’s exit from the European Union, but practitioners are concerned that the UK’s national competition authority does not currently have the resources to take on this role.
Federal appellate judges asked the Federal Trade Commission to identify the imminent threat – required to grant a permanent injunction – posed by Shire ViroPharma’s alleged abuse of the citizen petitioning process, during oral arguments on Tuesday.
During oral arguments on Tuesday, a federal appellate court tried to evaluate the discretion of both the judge who sanctioned a Plantronics executive for deleting emails and the jury that found the company had not violated antitrust law.
The European Court of Justice’s recent Heitkamp Bauholding ruling shows the importance the courts attach to the selectivity principle in state aid – but the European Commission lacks “the right toolkit” to define the correct reference system in such cases, a commission official has said.
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