Thanks Canadian! The part about distorting competition was what i was unsure about whether the Ricoh deal would pass the test ...
"The most important aspect of this last part of the test is whether the selective advantage conferred on the undertaking has the potential to distort competition...
That's what i don't think anyone has asked for clarification on.
I'm not expecting anyone to provide answers they don't have, or just shit-stirring.
I think one of Giblet's twitterings "quoted" the EC as saying they could force Wasps to pay the shortfall (if they chose to investigate)
Would it though, Nick? The investigation will be into the transaction (i.e. sale of the Ricoh), unless they will only investigate CCC because that is what SISU asked them to do? I think the EC will broaden their scope to look at all aspects of the deal. City of Madrid weren't required to pay...
Exactly - therefore Real were 18.4 million out of pocket by benefitting from the state aid. The same COULD happen to Wasps, which is why they cannot be separated from CCC in the complaint, in my view.
I'm not sure, LG - the outcomes stated by the EC are that Wasps (i.e. the party that has benefitted from the state aid) COULD be forced to pay the amount by which they have benefitted.
I don't think anyone has answered the question (other than David O'Day calling me clueless!!) of how Wasps and CCC are not inextricably linked in the EC "investigation". They are two sides of the same coin. My understanding is that the *transaction* is what might be deemed by the Commission to...
As i said in some thread previously, why is no-one thinking of blaming Higgs Trust in this? They owned the second half of ACL didn't they? And refused the offer from SISU, later selling it to Wasps for less?? Charities Commission complaint, anyone?
It appears that searches of the EC website only give hits on cases that are being investigated fully (i.e. not preliminary investigations which is probably what is happening currently), so we can't see that info now.
I think the point HDW was making was that if the EC find there was state aid, the UK courts can force Wasps to pay the shortfall. If that happens, there may be a stronger case in civil court for SISU to go after Wasps and/or Council for financial loss.
That's what it seems to be saying! There was a lot on here earlier about indemnifying them by some means, but i wouldn't like to see the price of that insurance policy!!!