ECJ clarifies full functionality requirement of a joint venture

The European Court of Justice (ECJ) ruled in Austria Asphalt v Bundeskartellanwalt (Case C-248/16) that when there is a change in the type of control over an existing undertaking from sole to joint control, the criterion of a concentration within the meaning of the EU Merger Regulation (EUMR) is only fulfilled when the arising joint […]

The GDPR: a new data protection landscape

The General Data Protection Regulation (EU) 2016/679 of 24 May 2016 (the “GDPR”) is a technology-neutral regulation that enters into force in all Member States without the need for national transposition, and will, therefore, harmonise data protection across the EU. Companies will now have consistent data protection compliance requirements across the EU. The GDPR also […]

State aid control over tax rulings of EU member states – should multinationals be revisiting their tax rulings?

Introduction Criticism against the European Commission’s State aid decisions over tax arrangements intensified following the August 2016 decision on Apple. In that decision, the Commission found Ireland to have given Apple a benefit of approximately €13bn in illegal State aid through tax rulings.  The amount that Ireland is directed to recover from Apple in unpaid […]

ECJ rules that EU-Singapore trade deal requires ratification by member states

The Court of Justice of the European Union (“CJEU“) ruled today that provisions of the EU-Singapore trade agreement relating to non-direct foreign investment and those relating to dispute settlement between investors and States do not fall within the exclusive competence of the EU, so that the agreement cannot, as it stands, be concluded without the […]
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