In this episode of S&C’s Critical Insights, Juan Rodriguez, Co-Head of S&C’s European Competition Group and the Firm’s Antitrust Group, and associate Marielena Doeding discuss the European Court of Justice’s ruling in the Fiat case and its implication for future state aid investigations. This landmark judgment—in which the Court of Justice annulled a General Court judgment and European Commission decision –clarified the parameters under which the Commission may investigate individual tax rulings under state aid rules. Although the judgment reaffirms that the Commission may investigate tax measures for compliance with state aid rules, in doing so, it cannot apply its own version of the arm’s length principle to tax measures; in particular, it cannot apply the arm’s length principle to tax measures in jurisdictions unless – and then only to the extent that – the law of the jurisdiction incorporates that principle. Instead, the Commission must carefully consider national tax rules to assess whether or not a measure confers a selective advantage for state aid purposes.
Sullivan & Cromwell represented Fiat in this litigation.
An Update on the FTC’s Non-Compete Rule
A Discussion of Non-Compete Agreements and Their Enforceability
Major Developments in National Security Enforcement, Part Three
Major Developments in National Security Enforcement, Part Two
Enforcement Actions Related to Alleged Impairment of Whistleblower Activity and New Whistleblower Programs
Major Developments in National Security Enforcement
ESG Considerations for Financial Institutions in 2024
2023 Headwinds in M&A and Outlook for 2024
Corporate Governance: What to Expect in 2024
Employment and Contracting Litigation After the Supreme Court’s Affirmative Action Decision
The Australian-American Partnership to Address Climate Change
How the DOJ’s and FTC’s Draft Merger Guidelines May Affect M&A
Supreme Court’s Recent Polansky Decision on the False Claims Act
Recent Developments with SEC’s Whistleblowing Program
Carve-Out Transactions in Europe: Key Considerations and Recent Experiences
Supreme Court’s Recent Slack Technologies Decision
U.S. Clean Energy Tax Credits: Where We Are and Where We Are Going
Pharmaceutical Deal Outlook: U.S. and European Perspectives
The Impact of COVID-19 on Consumer and Retail M&A
Create your
podcast in
minutes
It is Free
The Commercial Edge: Unleash the Power of People
The emPOWERed Half Hour
Aligned Money Show
Gorse Culture PODcast : The H.R. Detective Agency!
HCI Leadership Revolution
The Ramsey Show
Planet Money