Abstract

This contribution aims to explore how the principle of competitive neutrality of State-owned enterprises (SOEs) or State-controlled enterprises (SCEs) may be resorted to in international economic litigation, namely in the practice of the World Trade Organization's (WTO) dispute settlement system (DSS), in investor-State dispute settlement (ISDS) and under the case-law of the Court of Justice of the European Union (CJEU). This principle, elaborated initially under the aegis of the Organisation for Economic Co-operation and Development (OECD), posits that the ownership (either public or ...