The European Commission has today adopted a package to further simplify its procedures for reviewing concentrations under the EU Merger Regulation. The package includes: (i) a revised Merger Implementing Regulation (‘Implementing Regulation'), (ii) a Notice on Simplified Procedure (‘Notice'), and (iii) a Communication on the transmission of documents (‘Communication').
The European Commission has prolonged the Motor Vehicle Block Exemption Regulation (‘MVBER') for five years, meaning that it will now be applicable until 31 May 2028. It has also updated the Supplementary Guidelines for the sector. The revised Guidelines will help companies in the automotive sector assess the compatibility of their vertical agreements with EU competition rules, while ensuring that aftermarket operators, including garages, continue to have access to vehicle-generated data necessary for repair and maintenance.
The European Commission has published today updated State aid guiding templates to assist Member States in designing measures, which will be included in their national Recovery and Resilience Plans (‘RRPs'), in line with EU State aid rules. In particular, the updated technical documents will help Member States design measures that further contribute to the implementation of the European Green Deal, while helping to end the dependence on Russian fossil fuels and fast forward the green transition as set out in the REPowerEU Plan.
The European Commission has launched a Call for Evidence seeking feedback on the adoption of Guidelines on exclusionary abuses of dominance. In parallel, it has published a Communication (and Annex) amending its 2008 Guidance on enforcement priorities concerning exclusionary abuses.
The European Commission has endorsed a targeted amendment to the General Block Exemption Regulation ('GBER') to further facilitate, simplify and speed up support for the EU's green and digital transitions.
The European Commission has adopted today a new Temporary Crisis and Transition Framework to foster support measures in sectors which are key for the transition to a net-zero economy, in line with the Green Deal Industrial Plan.
See also EVP Margrethe Vestager's blogpost to present Europe’s new Temporary Crisis and Transition Framework.
The European Commission has sent to Member States for consultation a draft proposal to transform the State aid Temporary Crisis Framework into a Temporary Crisis and Transition Framework to facilitate and accelerate Europe's green transition. This proposal is part of the Green Deal Industrial Plan, also presented today – in particular, it contributes to its second pillar aiming at ensuring faster access to funding for companies operating in the EU.
Today, January 12th, the Foreign Subsidies Regulation (‘FSR') enters into force. This new set of rules for addressing distortions caused by foreign subsidies will allow the EU to remain open to trade and investment, while ensuring a level playing field for all companies operating in the Single Market. The Regulation was proposed by the Commission in May 2021 and agreed by the European Parliament and the Council in record-time, in June 2022.
See also Questions and Answers: New Regulation.
On 19th December 2022, the Council adopted a new regulation enabling the Commission to exempt Member States from prior notification to the Commission certain types of aid for rail, inland waterway and multimodal transport, with the objective of promoting green transport.
See also the EC's press release in July 2022, as well as the corresponding public consultation.
The European Commission has adopted today revised State aid rules for the agricultural, forestry and fishery and aquaculture sectors. The revised rules align State aid with the EU strategic priorities, in particular the Common Agricultural Policy (CAP), the Common Fisheries Policy (CFP), as well as to the European Green Deal.
The European Commission has adopted a revised Communication on State aid for broadband networks (‘Broadband Guidelines'). The revised Broadband Guidelines set out the rules under which the Commission will assess State aid measures notified by Member States to support the deployment and take-up of broadband networks in the EU. The new rules contribute to the EU's strategic objectives of ensuring gigabit connectivity for everyone and 5G coverage everywhere by the end of the decade, which is essential to achieve the digital transition of the Union. The new Guidelines will enter into force the day following their publication in the Official Journal of the European Union, which is expected in January 2023.
The European Commission has adopted today two regulations extending the period of validity of the horizontal block exemption regulations on Research & Development and Specialisation Agreements (together ‘HBERs'). The HBERs were due to expire on 31 December 2022 and the Commission has prolonged them until 30 June 2023.
For more information on the review process, click here.
The European Commission has launched today a public consultation inviting all interested parties to comment on the draft revised Market Definition Notice. Market definition is an important first step in the assessment of mergers and of most antitrust cases. It serves to define the boundaries of competition between companies. The Market Definition Notice is being revised for the first time since its adoption in 1997, taking into account the significant developments of the intervening years, in particular digitalisation and new ways of offering goods and services, and to reflect the interconnected and globalised nature of commercial exchanges.
On November 1st, the EU Digital Markets Act (DMA) will enter into force. The new Regulation will put an end to unfair practices by companies that act as gatekeepers in the online platform economy. It was proposed by the Commission in December 2020 and agreed by the European Parliament and the Council in record-time, in March 2022.
The European Commission is further consulting Member States on a prolongation and adjustment of the State aid Temporary Crisis Framework to support the economy in the context of Russia's war against Ukraine, adopted by the Commission on 23 March 2022 and first amended on 20 July 2022. This follows a first consultation of Member States launched on 5 October 2022.
The European Commission has adopted a revised Communication on State aid rules for research, development and innovation, which sets out the rules under which Member States can grant State aid to companies for RDI activities, while ensuring a level playing field. The 2022 RDI Framework, which contributes to the EU's strategic objectives relating to the green and digital transitions, has entered into force today.
The European Commission has sent to Member States for consultation a draft proposal to prolong and adjust the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 to enable Member States to use the flexibility foreseen under State aid rules to support the economy in the context of Russia's war against Ukraine. The Temporary Crisis Framework was first amended on 20 July 2022, to complement the Winter Preparedness Package and in line with the REPowerEU Plan objectives.
See also Statement by Executive Vice-President Vestager.
The European Commission has today adopted a revised Informal Guidance Notice that allows businesses to seek informal guidance on the application of EU competition rules to novel or unresolved questions. The revised Informal Guidance Notice provides for more flexible conditions and aims at increasing legal certainty, to the benefit of businesses seeking the guidance when assessing the legality of their actions under EU competition rules. Informal guidance will take the form of “guidance letters”.
The European Commission has adopted today its Guidelines on the application of EU competition law to collective agreements (‘Guidelines') regarding the working conditions of solo self-employed people. The Guidelines clarify when certain self-employed people can get together to negotiate collectively better working conditions without breaching EU competition rules.
See also Questions and answers on the new Guidelines.
Today, the European Commission adopted an amendment to the State aid Temporary Crisis Framework, initially adopted on 23 March 2022 to support the economy in the context of Russia's invasion of Ukraine.
