Read the online version | ISSN 2600-2558
  11 December 2020
5/2020
 

Competition Weekly e-news

Cases, Judgments, News

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Mergers

07/12/2020

Commission approves DIC's acquisition of BASF Colors & Effects, subject to conditions

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of BASF Colors & Effects by the DIC Corporation ('DIC'). The approval is conditional on full compliance with a commitments package offered by DIC.

 
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State aid

11/12/2020

Approved €106.7 million restructuring aid and €30.2 compensation in favour of Corsair

The European Commission has approved, under EU State aid rules, two French measures in favour of Corsair, an airline active in passenger and cargo transport mainly to French overseas territories. The first measure consists in €106.7 million of restructuring aid for the company. The second measure, with a budget of €30.2 million, aims to compensate the company for damage suffered due to emergency measures put in place by governments in the context of the coronavirus outbreak.

 
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Conferences/Speeches

07/12/2020

The Interchange Fee Regulation in a rapidly evolving payment landscape: Impact and way forward

Speech by EVP Margrethe Vestager,
7 December 2020

[...] "As things continue to change and further evidence emerges, we will act, using the appropriate tools, sensibly and pragmatically. That could be a combination of enforcement and further changes to regulation, based on what is needed. We will also feed into related Commission initiatives, most notably the Payment Services Directive II. This will ensure our policy orientation is fully aligned in all areas." [...]

 
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07/12/2020

Competition policy: time for a reset?
Speech by EVP Margrethe Vestager,
OECD Global Forum on Competition
7 December 2020

[...] "Because competition enforcement needs to move with the times. But that doesn't mean that we should ever compromise on our commitment to keep markets competitive and fair.

Though it seems like a paradox, the truth is that competition helps us work together. It helps us make the most of our whole economy's ability to innovate; it helps us focus our resources on the things that bring the best results for our whole society; and ultimately, it helps to make sure our economy works not just for a few big companies, but for everyone."
 
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Court

10/12/2020

Comune di Milano v Commission

The Commission takes note of the positive outcome of today’s judgment of the Court of Justice concerning a Commission decision regarding capital injections by the publicly owned manager of the Milan airports to its ground handling subsidiary SEA Handling.

The Court confirmed the Commission’s finding that the capital injections were imputable to the Italian State and that no private investor would have continued investing into a loss-making activity for such a long time without any concrete prospect of return on its investment.

Today’s judgment is in line with important State aid principles and strengthens the Commission’s position on the assessment of imputability and the application of the market economy investor principle.

 
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09/12/2020

Groupe Canal + v Commission
The Commission takes note of the judgment by the Court of Justice ('CJEU') concerning the appeal of Canal+ against the judgment of the General Court of December 2018 relating to the pay-TV case.

While the CJEU upheld the Commission's preliminary competition concerns, it annulled the Commission's decision to accept commitments from Paramount Pictures.

The commitments from Paramount Pictures addressed the Commission’s preliminary concerns that agreements between Paramount and Sky UK may have eliminated cross-border competition for pay-TV services and partitioned the EU's Single Market along national borders.

The Commission will carefully study the judgment and reflect on possible next steps.

(See also Curia's Press Release)
 
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Public consultations

23/11/2020 - 21/12/2020

Revision of Communication on important projects of common European interest
Important projects of common European interest are strategic projects in different sectors that require joint investments by public authorities and industries from several EU countries. The current framework of rules for such projects expires on 31 December 2021 and will need some changes as part of a broader evaluation of EU State aid.

This initiative will clarify and simplify the rules, align them with current policies and adapt them to respond to economic and societal challenges.
 
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08/09/2020 - 05/01/2021

Evaluation of State aid rules for broadband infrastructure deployment
The purpose of the public consultation is to assess whether the Broadband State aid Guidelines and the relevant GBER provisions have met their objectives, what effect they have had on the market and on competition, and whether they need to be updated in light of recent technological and market developments and the new EU digital policy goals. In the consultation, the Commission aims at assessing the effectiveness, efficiency, coherence, relevance and EU added value of the existing rules, in line with the Better Regulation requirements.
 
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12/11/2020 - 07/01/2021

Revision of the Energy and Environmental Aid Guidelines (EEAG)
A Fitness Check on the State aid modernisation package has been carried out. The results of this evaluation, which largely covered the time before the COVID-19 pandemic and the introduction of the twin transition, show that the EEAG and corresponding GBER rules have generally delivered on their objectives. However, it identified certain aspects where the EEAG should be modernised in a way that minimises distortions of trade and competition in the Single Market. Furthermore, the announcement of the Green Deal requires a wider and deeper review of the EEAG, in particular in the two areas mentioned below.

This initiative is guided by the general main objective of coherence with the twin green and digital transformation of the economy. The revision should result in a modernised, simplified, easy to apply and future-proof enabling framework for public authorities to help reaching the EU environmental and energy objectives in a cost effective manner with minimum distortions of competition and trade within the Union. The two main buildings blocks are a review of the compatibility criteria for environmental protection, as well as an assessment of State aid to energy intensive users.
 
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15/09/2020 - 15/01/2021

Call for proposals: Training of national judges in EU Competition Law
The new call for proposals focuses on EU competition law trainings addressing national judges dealing with competition cases at national level. This also includes prosecutors, apprentice national judges and the staff of national courts of eligible countries.
 
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12/10/2020 - 25/01/2021

EU automotive sector – exemption from antitrust rules (review)
EU antitrust rules usually ban vertical agreements and concerted practices, which are likely to restrict competition in a given sector. There is currently an exemption for certain agreements and practices in the automotive sector, but this expires on 31 May 2023. This evaluation will check whether the exemption is still effective, efficient, and consistent with other EU and national rules.
 
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New legislation
Antitrust   Mergers   State Aid
New Legislation    New Legislation    New Legislation 
'What's new?'    'What's new?'    'What's new?' 

Other relevant information:

Commission Decisions

SA Block exemptions

European Economic Area: EFTA State aid register, EFTA Block exemption information sheets and EFTA competition cases

Court: Judicial calendar of the Court

Miscellanea: European Commission Press corner: Latest Daily News and Change to the Base Rates for the Euro zone




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Published by the Competition Directorate General of the European Commission. The content of this publication does not necessarily reflect the official position of the European Commission. Neither the Commission nor any person acting on its behalf is responsible for the use which might be made of the above information.

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