The European Union has long sought to maintain economic competitive balance in Europe. As the European Union’s enforcement arm, the European Commission (“EC”) is tasked with regulating member-states’ aid regimes and maintaining the competitive balance of the single market. A recent decision in the European General Court, against the EC and in favor of Apple and Ireland, threatens the EC’s ability to maintain that balance through litigation and respond to distorted competition. If the EC loses its appeal, it is unclear if the EC can effectively regulate the single market.
This post was originally published on the Cardozo International & Comparative Law Review website on November 2, 2020. The original post can be accessed via the Archived Link button above.
Dacher, Richard, "Apple and the European Commission: A Bleak Future for Competitive Balance in the EU?" (2020). CICLR Online. 8.