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  18 December 2020
6/2020
 

Competition Weekly e-news

Cases, Judgments, News

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Mergers

17/12/2020

Commission clears acquisition of Fitbit by Google, subject to conditions

The European Commission has approved, under the EU Merger Regulation, the acquisition of Fitbit by Google. The approval is conditional on full compliance with a commitments package offered by Google.

 
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Antitrust

14/12/2020

Commission publishes report on implementation of Damages Directive

The European Commission has published a report on the implementation of the 2014 Antitrust Damages Directive which helps citizens and companies claim damages if they are victims of infringements of EU antitrust rules, such as cartels or abuses of dominant market positions. Based on the findings of the report, the Commission has drawn positive conclusions as regards the consistent implementation of its rules. In line with the requirements in the Directive, the report has been sent to the European Parliament and the Council.

 
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State aid

16/12/2020

Commission approves amended Estonian scheme worth €450 million to support production of electricity from renewable sources

The European Commission has approved, under EU State aid rules, the modification of the existing aid scheme to support electricity production from renewable sources and efficient co-generation in Estonia. The measure will help Estonia reach its renewable energy targets and will contribute to the new European objective of achieving climate neutrality by 2050, without unduly distorting competition.

 
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16/12/2020

Commission approves €55 million German scheme to support roll-out of infrastructure for mobile communication services in German Land of Brandenburg

The European Commission has approved, under EU State aid rules, a €55 million German aid scheme to support the deployment of high-performance mobile networks in underserved areas of the German Federal State (Land) of Brandenburg.

 
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14/12/2020

Commission approves €30 billion Dutch scheme to support projects reducing greenhouse gas emissions

The European Commission has approved, under EU State aid rules, a €30 billion Dutch scheme to support projects to reduce greenhouse gas emissions in the Netherlands. The scheme (Stimulering Duurzame Energieproductie, "SDE++") will contribute to the EU environmental objectives without unduly distorting competition.

 
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14/12/2020

Commission gives green light to the Pan-European Guarantee Fund to enable up to €200 billion financing for companies affected by the coronavirus outbreak in 21 Member States

The European Commission found the creation of a €25 billion Pan-European Guarantee Fund managed by the European Investment Bank (EIB) to support companies affected by the coronavirus outbreak to be in line with EU State aid rules. The Fund is expected to mobilise up to €200 billion of additional financing to support mainly small and medium-size enterprises (SMEs) affected by the outbreak in the 21 participating Member States.

 
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Competition

17/12/2020

EVP Margrethe Vestager's statement at the event "IPCEI now and tomorrow - the future of European Cooperation in key technologies - celebrating the new launch of IPCEI hydrogen"

Statement by EVP Margrethe Vestager,
"IPCEI now and tomorrow - the future of European Cooperation in key technologies - celebrating the new launch of IPCEI hydrogen",
17 December 2020.

[...]"The Recovery and Resilience Facility can also be used by all Member States to finance hydrogen related projects. We will in the coming days publish a set of technical guiding templates on how such projects can be supported in line with EU State aid rules. [...]

 
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15/12/2020

Europe fit for the Digital Age: Commission proposes new rules for digital platforms

The Commission has proposed today an ambitious reform of the digital space, a comprehensive set of new rules for all digital services, including social media, online market places, and other online platforms that operate in the European Union: the Digital Services Act and the Digital Markets Act.

See also:

 
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Court

17/12/2020

Inpost Paczkomaty v Commission

In Case C-431/19 P (Joined Cases C-431/19 P, C-432/19 P) the court ruled on two appeals brought against the judgment of the General Court delivered on 19 March 2019 in Joined Cases T-282/16 and T-283/16 Inpost Paczkomaty and Inpost v Commission.

The court decided not to uphold any of the grounds of appeal and therefore dismissed both appeals.

 
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16/12/2020

American Airlines v Commission
The Commission takes note of the judgment by the General Court relating to the Commission’s decision of April 2018 by which Delta Airlines obtained grandfathering rights over one daily pair of slots for the long haul route London-Heathrow to Philadelphia.

The General Court confirmed the Commission's interpretation of the appropriate use threshold for grandfathering and the Commission’s conclusion that Delta should be awarded the grandfathering rights. It is only in case of misuse of the slot that grandfathering can be rejected. This is the same standard as the one pertaining to slot utilisation and grandfathering in the EU Slot Regulation.
 
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16/12/2020

Fakro v Commission
In Case T‑515/18 the court ruled on an appeal for annulment of Commission Decision C (2018) 3864 final of 14 June 2018 rejecting the complaint lodged by the applicant concerning alleged infringements of Article 102 TFEU on the market for roof windows and flanges (Case AT.40026 — Velux).

The court dismissed the appeal.
 
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16/12/2020

International Skating Union v Commission
The Commission takes note of the judgment by the General Court (GC) confirming the Decision of the Commission of 8 December 2017. In its Decision the Commission found that the International Skating Union's (ISU) rules restricted competition by object, as they limited athletes from participating in international speed skating events by organisers other than the ISU and its members and hindered the organisation of such events.

The General Court confirmed that when exercising their powers of regulating the sport, sports federations have to comply with EU competition rules.

The Commission takes note of the GC's judgement partially annulling specific parts of the decision concerning the ISU's compliance with the decision and potential imposition of penalty payments (Articles 2 and 4), to the extent that they require a modification of the ISU's appeal arbitration rules.

See also the Court'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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15/12/2020 - 12/01/2021

State aid rules for research, development & innovation (framework)
The fitness check evaluation concluded that the 2014 State aid rules for research, development and innovation (RDI) have been broadly effective and efficient. However, some targeted updates to reflect economic and technological developments are needed.

This initiative will further simplify the rules applied by EU countries to implement RDI aimed at innovative solutions. For example, in digital, health and carbon-neutral technologies that support the transition to a green and digital economy.
 
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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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18/12/2020 - 26/03/2021

EU competition rules – revision of the Vertical Block Exemption Regulation

The Vertical Block Exemption Regulation expires on 31 May 2022. The Regulation exempts agreements between different levels of the same supply chain from the EU’s competition rules.

In a business environment reshaped notably by the growth of e-commerce, this initiative aims to revise the rules to:

  • provide up-to-date guidance
  • cater for business needs in accordance with competition rules.

The aim is to have revised rules in place for when the current rules expire.

See also: EU competition rules – revision of the Vertical Guidelines.

 
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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 Base rates in force




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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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