Competition and Regulatory Newsletter

ECJ rules on the European Commission's application of the State aid selectivity requirement in two recent judgments

To be considered State aid a measure must, amongst other things, be ‘selective’ in the sense that it favours certain undertakings or the production of certain goods. It is well established as a matter of principle that a measure can be de facto selective even where it is, on its face, of general application. However, the application in practice of the selectivity requirement to State laws and regulations that do not identify particular undertakings, particularly fiscal and tax measures, is a complex and controversial topic. This is demonstrated by the two recent ECJ judgments handed down on 21 December 2016 in the Spanish tax amortisation case (Santander / Autogrill) and the schedule of charges at Lübeck Airport case.

Also in this newsletter

• European Commission alleges Facebook provided misleading information during WhatsApp takeover
• UK government publishes response to consultation on implementing the Damages Directive
• KFTC imposes corrective order and US$ 865m fine on Qualcomm for abuse of dominance
• CAT dismisses BT’s appeal against Ofcom’s review of Sky’s pay TV wholesale must-offer obligation