by Ekrem Duman | Aug 26, 2026 | Competition & Antitrust, State Aid & Subsidy Control
⚡ TL;DRBetween 2015 and 2024 the European Commission used state aid law to attack selective corporate tax arrangements — Apple/Ireland (€13 billion), Fiat/Luxembourg, Starbucks/Netherlands, Amazon/Luxembourg, Engie, Nike, McDonald’s. The courts split the...
by Ekrem Duman | Aug 26, 2026 | Competition & Antitrust, State Aid & Subsidy Control
⚡ TL;DRThe EU Foreign Subsidies Regulation (in force since 2023) closes the gap state aid law never covered: subsidies from non-EU governments distorting the EU internal market. It creates three tools — mandatory notification of large M&A deals where the parties...
by Ekrem Duman | Aug 26, 2026 | Competition & Antitrust, State Aid & Subsidy Control
⚡ TL;DRMember states must notify planned aid to the Commission and not implement it until cleared — the standstill obligation of Article 108(3). Aid granted without notification is unlawful and must be recovered from the beneficiary with compound interest,...
by Ekrem Duman | Aug 26, 2026 | Competition & Antitrust, State Aid & Subsidy Control
⚡ TL;DRState aid is any advantage granted by a member state or through state resources that is selective, distorts or threatens competition, and affects trade between member states — Article 107(1) TFEU. All four conditions must be met. Aid is prohibited in...
by Ekrem Duman | Aug 26, 2026 | Competition & Antitrust, Vertical Agreements
⚡ TL;DRGenuine agency agreements fall outside the cartel prohibition entirely: the agent is treated as part of the principal’s undertaking, so the principal may set prices, customers and terms. The test is risk — if the agent bears no significant commercial or...
by Ekrem Duman | Aug 26, 2026 | Competition & Antitrust, Vertical Agreements
⚡ TL;DRSuppliers may shape how their products are sold online but may not prevent effective use of the internet. Outright online-sales bans and blocking price-comparison sites are hardcore; marketplace bans are lawful inside a properly constituted selective system...
