The following Competition practice note Produced in partnership with CMS provides comprehensive and up to date legal information covering:
This Practice Note provides an overview of the EU State aid rules, and specifically what constitutes ‘aid’ for the purposes of Article 107(1) TFEU.
Article 107(1) TFEU contains a general prohibition on the granting of State aid that distorts or threatens to distort competition within the EU by favouring certain undertakings or the production of certain goods. The prohibition on aid essentially seeks to ensure a level playing field for businesses within the EU, requiring any aid measures to be notified by the granting Member State governments and approved by the European Commission before being put into effect
Article 107(2) and (3) TFEU list certain types of aid measure that will generally be considered compatible with the EU internal market, and therefore approved by the European Commission. These include aid ‘having a social character, granted to individual consumers, provided it is granted without discrimination related to the origin of the products concerned’ (Article 107(2)(a)); and ‘aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment’ (Article 107(3)(a)).
The European Commission has wide powers pursuant to Articles 108 TFEU to investigate and to approve aid measures. These powers cover both notified aid and own-initiative investigations. Where the Commission concludes that any aid has been granted unlawfully and/or is not compatible
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
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