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Amazon case: towards transfer pricing harmonisation?

Pierre-Régis Dukmedjian and Alejandro Dominguez (Simmons & Simmons) assess the EC’s ruling in the Amazon state aid case.

In the context of the global economic turmoil following the last financial crisis and the OECD’s base erosion and profit shifting project (BEPS) the European Commission has become increasingly concerned about the role that EU member states should play to ensure fair competition in the tax field within the European Union.
 
Under article 107(1) of the Treaty on the Functioning of the EU (TFEU) any aid granted by a EU member state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods is considered incompatible with the internal market as long as it affects trade between EU member states.
 
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