EU State Aid

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Organizations increasingly face multimillion-euro and even multibillion-euro recovery measures due to the European Commission’s vigorous pursuit of those who violate the growing labyrinth of complex rules applied to state aid, which affect companies across all industry sectors.  At the same time, many public policy objectives including the digital and green transitions require some form of State support, resulting in a growing number of companies having to navigate the state aid rules in order to obtain public funding for their projects in a state aid compliant way.

Our Antitrust and Competition team handles numerous state aid proceedings before the European Commission, including procedures concerning the notification of new state aid measures and investigations into unlawful state aid.  We litigate state aid matters before the EU courts in Luxembourg as well as before the national courts, and our attorneys also help structure transactions with the state or with state-controlled entities in compliance with the relevant rules.  In addition, we provide advice in connection with digital and (renewable) energy projects, infrastructure and investment projects, public-private partnerships, privatizations, subsidies, recapitalizations and state guarantees, and tax incentives.

Drawing from our market-leading experience in handling complex state aid matters and providing the full range of state aid support, we assist potential beneficiaries, complainants, public authorities, and a wide variety of other clients.

  • Advised several public authorities and beneficiaries on the state aid aspects of renewable energy support schemes.
  • Assisting a company in an in-depth state aid investigation by the European Commission into the tax treatment of certain waste management operations.
  • Assisted a client in filing a state aid complaint before the European Commission with respect to the Dutch licensing regime for gambling and lotteries, and the subsequent appeal of the Commission Decision before the General Court.
  • Advised a postal operator on various state aid issues in connection with services of general economic interest.

View More

"EU Commission Publishes Draft New Rules for Distribution Agreements: What’s to Come for Distribution Relationships in the Digital Age?," Antitrust Law Alert (August 24, 2021). Contacts: Thomas De Meese, Marieke Van Nieuwenborgh, Yaël Rager
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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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