Mr. David O'Sullivan:

It has to be a case-by-case delineation. One has to show whether there was legitimate expectation on the part of a company which led them to make, maybe and for example, heavy investments, which then they discovered would not lead to any outcome. The mere loss of profit is not considered in and of itself a justification for triggering the mechanism but it is an element if a company feels that the way in which the regulation has worked, for example, if it is discriminatory or it was particularly targeted at the sector in a way that only one company would suffer from it then it might be a case of discrimination. Therefore, it is a case-by-case decision. I reiterate that in the history of these cases, governments have won the vast majority of cases. It is not as though the evenly existing system of ISDS allows companies to ride roughshod over the rights of government to regulate and adjust the rules of industry, government and so forth on their own territory.