Competition Law & Policy Debate最新文献

The European Commission’s new Horizontal Guidelines: a great reset for competition law and sustainability? 欧盟委员会新的《横向指南》：竞争法和可持续发展的伟大重启？

Competition Law & Policy Debate Pub Date : 2023-11-24 DOI: 10.4337/clpd.2023.02.01

Julian Nowag, Wolf Sauter

引用次数: 0

Is green becoming a grey area? A discussion on sustainability and merger control 绿色是否成为灰色地带？关于可持续性和兼并控制的讨论

Competition Law & Policy Debate Pub Date : 2023-11-24 DOI: 10.4337/clpd.2023.02.03

Tristan Lécuyer, Annabelle Leclercq

引用次数: 0

The race towards a more sustainable future: is current State aid policy fit for purpose? 争创更可持续的未来：现行国家援助政策是否符合目的？

Competition Law & Policy Debate Pub Date : 2023-11-24 DOI: 10.4337/clpd.2023.02.04

Natura Gràcia, Ina Lunneryd, Argyrios Papaefthymiou

{"title":"The race towards a more sustainable future: is current State aid policy fit for purpose?","authors":"Natura Gràcia, Ina Lunneryd, Argyrios Papaefthymiou","doi":"10.4337/clpd.2023.02.04","DOIUrl":"https://doi.org/10.4337/clpd.2023.02.04","url":null,"abstract":"Sustainability continues to gain traction as an important principle to be factored into competition law analysis, across antitrust, merger control and State aid. This article provides an overview of the mechanisms that are currently being introduced (and those already in place), to pursue sustainability objectives in the EU State aid framework. While the article focuses on the different aspects of the EU State aid rulebook, the analysis takes place against a broader international backdrop, with the US Inflation Reduction Act’s subsidies being a prime example of non-EU funding in the race to the ‘green transition’. As times have changed, so has the EU’s approach to State aid policy, and what comes out of the analysis of the constantly developing framework for sustainable State aid, is a gradual but clear convergence towards the incorporation of sustainability considerations into subsidies regulation, at the level of both legislative initiatives and judicial interpretation by the Court of Justice of the EU. While this is a development broadly in the right direction, the article points out the geopolitical risks associated with an inadvertent green subsidies war, as well as the risk – within the EU itself – of amplifying existing economic inequalities, due to the playing field being tilted in favour of Member States with deeper pockets.","PeriodicalId":227826,"journal":{"name":"Competition Law & Policy Debate","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139241988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A review of 2021 and 2022 EU merger control 2021 年和 2022 年欧盟兼并控制审查

Competition Law & Policy Debate Pub Date : 2023-09-01 DOI: 10.4337/clpd.2023.0005

Cormac O'Daly, Virginia Del Pozo, Su Şimşek, Anastasiia Zeleniuk, Marine Montejo

引用次数: 0

Foreign subsidies and financial contributions: much fine-tuning ahead 外国补贴和财政捐助:前方还有很多微调

Competition Law & Policy Debate Pub Date : 2023-08-25 DOI: 10.4337/clpd.2023.01.01

Massimo Merola, Alessandro Cogoni

{"title":"Foreign subsidies and financial contributions: much fine-tuning ahead","authors":"Massimo Merola, Alessandro Cogoni","doi":"10.4337/clpd.2023.01.01","DOIUrl":"https://doi.org/10.4337/clpd.2023.01.01","url":null,"abstract":"The Foreign Subsidies Regulation, which came into force on 12 January 2023, constitutes the missing piece to protecting the internal market from the distortive effects of public intervention and bridges a glaring regulatory gap. However, although tackling distortions of competition caused by non-EU countries’ public intervention has always been widely recognized as a worthy objective, the complexities and administrative burden deriving from Commission-designed tools have been broadly and harshly criticized.\u0000Even though more conceptually interesting topics are on the table, the present contribution focuses on the issue that seems to be the most controversial in the current phase: the quantity and type of information required in the notification process with regard to foreign subsidies/financial contributions received by the notifying undertaking in the previous three years. Indeed, the Commission requires all foreign financial contributions to be listed (with few exceptions) in the context of concentrations and public procurement procedures.\u0000Therefore, after a brief overview of the Foreign Subsidies Regulation, the contribution analyses the rationale and related risks of the Commission’s choice to require the notification of foreign financial contributions rather than foreign subsidies, it evaluates the possible alternative paths proposed during the public consultation and it concludes by proposing a reasonably balanced solution.","PeriodicalId":227826,"journal":{"name":"Competition Law & Policy Debate","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125806396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Closing the regulatory gap – answers (and new questions) from the Foreign Subsidies Regulation 缩小监管差距——外国补贴条例的答案(和新问题)

Competition Law & Policy Debate Pub Date : 2023-08-25 DOI: 10.4337/clpd.2023.01.03

Sir Philip Lowe, Simon Yarak

{"title":"Closing the regulatory gap – answers (and new questions) from the Foreign Subsidies Regulation","authors":"Sir Philip Lowe, Simon Yarak","doi":"10.4337/clpd.2023.01.03","DOIUrl":"https://doi.org/10.4337/clpd.2023.01.03","url":null,"abstract":"This article discusses the way in which the Foreign Subsidies Regulation (FSR) attempts to close a regulatory gap left between EU State aid rules, WTO anti-subsidy rules and foreign direct investment (FDI) monitoring rules. In particular, it presents key similarities and differences in the substantive assessment undertaken by the Commission in State aid control, and that which it may be expected to apply under the FSR, from the economics perspective. While the Commission is likely to apply very similar tools to those of State aid control in order to determine whether a foreign financial contribution confers a benefit on an undertaking (i.e. the market economy operator principle), there are also a number of ways in which the assessment under the FSR may be expected to differ from State aid practice. Specifically, the FSR is likely to require a more in-depth assessment of the distortive effects of foreign subsidies. This will require a novel approach to developing and testing ‘theories of harm’, taking inspiration from State aid, trade defence and merger control. Finally, the broader scope of the ‘balancing test’ (weighing up positive and negative effects of subsidies) compared to State aid, while likely necessary to match the closer focus on distortive effects of the aid, raises new question on its application by the Commission in practice.","PeriodicalId":227826,"journal":{"name":"Competition Law & Policy Debate","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128692109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Foreign Subsidies Regulation: the challenge of notifying non-selective tax expenditure 外国补贴条例:申报非选择性税收支出的挑战

Competition Law & Policy Debate Pub Date : 2023-08-25 DOI: 10.4337/clpd.2023.01.02

R. Luja

{"title":"The Foreign Subsidies Regulation: the challenge of notifying non-selective tax expenditure","authors":"R. Luja","doi":"10.4337/clpd.2023.01.02","DOIUrl":"https://doi.org/10.4337/clpd.2023.01.02","url":null,"abstract":"The European Union’s new Foreign Subsidies Regulation will lead to particular challenges in the tax domain. While the final version of the FSR now contains clear links to State aid, the differences are all the more noticeable. Third country tax measures that benefit group financing or equity financing warrant special attention. Repayment of foreign tax incentives to the European Commission, as a last resort measure, might come at odds with taxing prerogatives as divided under existing bilateral tax treaties. Compliance with notification obligations when engaging in public procurement or planning a merger with or acquisition of an entity active in the EU will be hardly doable. Unlike EU State aid rules (and WTO subsidy rules), notification may also involve non-selective and non-beneficial tax measures received within a group. If these have come into the FSR’s scope by intent and not by omission, then this is to be strongly reconsidered. Sustainability tax incentives aimed at greening investment have not been exempt from scrutiny. Thus, EU subsidiaries of third country parent companies and EU parents of third country subsidiaries should gather more information for the purpose of this regulation than one might expect at first sight.","PeriodicalId":227826,"journal":{"name":"Competition Law & Policy Debate","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130308542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Double Dutch: Illumina/GRAIL, Article 22 and the General Court 双荷兰:Illumina/GRAIL，第22条和普通法院

Competition Law & Policy Debate Pub Date : 2023-08-01 DOI: 10.4337/clpd.2023.0004

Alec J. Burnside, Adam Kidane

{"title":"Double Dutch: Illumina/GRAIL, Article 22 and the General Court","authors":"Alec J. Burnside, Adam Kidane","doi":"10.4337/clpd.2023.0004","DOIUrl":"https://doi.org/10.4337/clpd.2023.0004","url":null,"abstract":"This article explores the jurisdictional issues underlying the decision of the European Commission to review Illumina’s acquisition of GRAIL. It marked the first the time the Commission investigated an acquisition where the target had no activities in the EU; nor indeed any nexus to any individual Member State. The decision to review a concentration where the target had no EU revenues was premised on a re-interpretation of Article 22(1) of the EU Merger Regulation, which allows Member States to request the Commission to examine a concentration. This interpretation is intended to expand the jurisdictional reach of the regulation to capture transactions involving companies with low turnover, but high competitive potential in the internal market, in cases where neither EU nor any Member State merger control thresholds are met. The General Court upheld the Commission’s position on Article 22 jurisdiction, but the judgment is on appeal to the Court of Justice. This article argues that the Court should overturn the earlier ruling on the basis that the GC was mistaken in its approach to Article 22, in view of its history and purpose. It also considers that flaws in the conduct of the procedure which deprived the merging parties of due process warranted an annulment of the decision to open an investigation. Moreover, this article calls out the incompatibility of the Commission’s application of Article 22 in Illumina/GRAIL with international law concepts of comity, fairness and sovereignty.","PeriodicalId":227826,"journal":{"name":"Competition Law & Policy Debate","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117004278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Main developments in State aid control 2021–2022 2021-2022年国家援助控制主要进展

Competition Law & Policy Debate Pub Date : 2023-04-28 DOI: 10.4337/clpd.2022.04.06

J. M. Badia, Ilias Georgiopoulos

引用次数: 0

Socially responsible agencies* 社会责任机构*

Competition Law & Policy Debate Pub Date : 2023-04-28 DOI: 10.4337/clpd.2022.04.05

J. Tirole

引用次数: 3

Competition Law &amp; Policy Debate最新文献

Competition Law & Policy Debate最新文献