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United States - Corporate Tax - EU State Aid Litigation Casts A Long Shadow

On 2 April 2019, the European Commission (the "Commission") concluded that the group finance company exemption from the UK's controlled foreign company ("CFC") regime, in respect of finance income

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EU State Aid Litigation Casts a Long Shadow | Cadwalader, Wickersham & Taft LLP

EU State Aid Litigation Casts a Long Shadow | Cadwalader, Wickersham & Taft LLP
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AG Medina: The Court of Justice should dismiss Commission's appeal concerning its decision to impose a fine on Intel for alleged abuse of dominant position

AG Medina: The Court of Justice should dismiss Commission's appeal concerning its decision to impose a fine on Intel for alleged abuse of dominant position
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The Standards Paywalls Fall: Everyone Benefits

Yesterday in a unanimous decision of the US Federal Court of Appeals for the DC Circuit (CADC) in ASTM v. Public.Resource.Org - some of the worst standards paywalls came tumbling down. The court definitively determined that where governmental authorities incorporate private organisation technical standards into law by reference, non-commercial dissemination of those standards "constitutes fair use and cannot support liability for copyright infringement."

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EU Standards Must Be Freely Available

In 2019, two organisations - Public.Resource.org of Sebastopol, California, and the Right to Know GLC of Dublin - brought suit against the European Commission for violating the fundamental rights of citizens to access the standards they are required by law to know, and attempting to protect intellectual property by copyright which lacked originality because it was, inter alia, provided by public governmental and industry sources.

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