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European Court of Justice Curtails European Commission’s Expansion of Its Merger Control Powers

The judgment rejects the European Commission’s expansive re-interpretation of the European Union Merger Regulation, stressing the need for legal certainty in line with the EU legislature’s intent....more

New Guidance on Article 22 EUMR Referrals to the European Commission

The European Commission (EC) has published new guidance on the application of the referral mechanism set out in Article 22 of the EU merger regulation (EUMR) allowing for mergers falling below national merger thresholds to be...more

European Commission’s White Paper on Foreign Subsidies: Closing a regulatory gap?

The Commission opens a public consultation on a new tool to protect the EU from international competition. The European Commission (the Commission) is consulting the market on a proposal to add a new tool to the EU...more

10 Steps to Mitigate EU State Aid Exposure on Tax Arrangements

As the European Commission reviews whether tax arrangements conform with State aid rules, companies active in Europe should ensure their fiscal regimes comply with EU law. In recent years, the European Commission (the...more

European Commission Asserts Broad Power to Scrutinize Transactions Involving Chinese State-Owned Enterprises

EC decision considering the control over SOEs may have far-reaching implications for future transactions of all Chinese SOEs in Europe. In its recent decision in Case COMP/M.7850 - EDF / CGN / NNB Group of Companies, the...more

European Commission’s First State Aid Sector Inquiry Identifies Preliminary Concerns with Capacity Mechanisms

The European Commission's Interim Report is critical of price-based mechanisms and calls for harmonized methods to determine generation adequacy levels and reliability standards. The European Commission (Commission)...more

“By Object” Restrictions of Competition Revisited: European Court of Justice Endorses Narrow Interpretation

EU High Court adopts narrow interpretation of “by object” restrictions and boosts effects-based approach with significant implications for cooperation/joint venture agreements. The European Court of Justice has...more

EU Revises Conditions for Compatible State Aid in the Energy Sector

New EC Guidelines confine public support to renewables, but enable state intervention for cross-border infrastructure, generation adequacy and energy-intensive industries. Looking to 2030 and beyond,2008 Guidelines that...more

4/21/2014

The EU Provides Guidance on Shale Gas

The EU’s new minimum principles for shale gas exploration and production may pave the way for new industry activity. The European Commission (EC) has decided not to propose legislation restricting shale gas exploration...more

1/30/2014
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