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.
A scholar of currency exchange, testifying on behalf of three traders accused of coordinating bids to manipulate foreign exchange rates, has said that the Department of Justice’s evidence focused on too narrow a market.
The overturning of class certification for indirect purchasers of Asacol may reshape how some class actions are formed, as a defence strategy of aggressive discovery on plaintiffs bore fruit in a successful appeal.
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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