Competition Weekly e-news

On 25 February, DG Competition launched a new IT tool called eConfidentiality to ease the negotiations of confidentiality claims in the context of access to file and publication of decisions. eConfidentiality provides a secure platform to submit, substantiate and negotiate confidentiality claims with DG Competition. This first release will only concern antitrust and cartel cases. Law firms and companies will be contacted by case teams to use the eConfidentiality tool when non-confidential versions of documents should be obtained.
For more information and tutorials on how to use the new tool, please visit this page.

The European Commission has approved a €40 million Italian aid measure to support coronavirus related research and development (R&D) by biotechnology company ReiThera S.r.l. The measure was approved under the State aid Temporary Framework.

The European Commission has approved, under EU State Aid rules, Romanian plans to support the upgrade of the district heating system of the municipality of Bucharest.

The European Commission has launched today a public consultation inviting all interested parties to comment on a proposed targeted revision of the Communication on State aid rules for Important Projects of Common European Interest (the “IPCEI Communication”). Stakeholders can respond to the consultation for eight weeks, until 20 April 2021.

The Commission takes note of the judgment of the Court of Justice of the European Union in the Slovak Telekom case.

The Court of Justice confirms that, the Commission’s opening of proceedings under Article 2(1) of Regulation 773/2004, pursuant to Article 11(6) of Regulation 1/2003, relieves the National Competition Authorities (NCAs) from the power to apply Article 101 and 102 TFEU to the same case, that is, the same practice(s) by the same undertaking(s) on the same relevant geographic and product market, in the same timeframe.

The judgment also confirms that the principle of restricting the possibility of a defendant being prosecuted/fined repeatedly on the basis of the same offence, act, or facts (ne bis in idem principle) does not apply to decisions adopted separately and independently by both the Commission and the competent NCA if the facts underlying those decisions are not identical.

Speech by EVP Margrethe Vestager,
EU Industry Days,
25 February 2021.

[...]"Regulation also has to take account of the special role data plays in the digital economy. That may mean some changes to the competition rules, but it's also about ways to encourage greater data sharing, something that can bring huge benefits in areas like the new Internet of Things. [...]

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