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03 September 2021
28/2021
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Competition Weekly e-news
Cases, Judgments, News
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Follow us
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EU Competition
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DG COMP Website
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State aid
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30/08/2021
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Commission approves €520 million Italian scheme to compensate the trade fairs and congress sector for damages suffered due to the coronavirus outbreak
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The European Commission has approved, under EU State aid rules, a €520 million Italian scheme to compensate companies active in the trade fairs and congress sector and their service providers for the damages suffered due to the restrictive measures introduced by the Italian government to limit the spread of the coronavirus.
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Court
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02/09/2021
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Ja zum Nürburgring v Commission and NeXovation v Commission
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The Commission takes note of the judgments of Court of Justice of the European Union to partially annul the 2019 judgments of the General Court upholding a 2014 State aid Commission decision concerning the Nürburgring racetrack in Germany.
In its decision, the Commission had found that certain support measures in favour of the company owning the Nürburgring were incompatible with the internal market, but that potential recovery of the aid would not concern the buyers. At the same time, the Commission found that the subsequent sale of the racetrack to Capricorn at the end of the tender process did not constitute State aid.
The judgment partially annuls the 2019 judgments of the General Court to the extent that they confirm the second finding of the Commission, but rejects the appeals in so far as they seek annulment of the first finding of the Commission.
We will carefully study the judgment and reflect on the next steps.
See also:
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02/09/2021
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Commission v Tempus energy and Tempus Energy Technology
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The Commission takes note of the judgment of the Court of Justice of the European Union which sets aside the 2018 ruling by the General Court in this case.
In 2018, the General Court had annulled a 2014 Commission State aid decision approving the UK capacity market based on its finding that the Commission should have opened a formal investigation procedure to assess the compatibility of the measure with the internal market.
Today’s judgment fully upholds the Commission’s decision. In particular, it confirmed that, while the formal investigation procedure remains a necessary step when the Commission has serious doubts about compatibility of a measure with the internal market, certain factors in this case, including the length of the pre-notification phase, the novelty and complexity of the case, were not in themselves decisive to conclude that the opening of a formal investigation procedure was required.
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Publications
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Study on Market Trends in healthcare and social housing and Study on Market Trends in EU State aid implications
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As part of the evaluation on state subsidy rules for health and social services of general economic interest SGEI, DG COMP has published an external study on market trends in healthcare and social housing and EU State aid implications.
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Public consultations
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29/07/2021 - 16/09/2021
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Broadband networks – revision of State aid guidelines
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A recent evaluation of the State aid rules for the broadband sector shows that while they work well overall, they require some targeted adjustments.
This roadmap is open for feedback for 7 weeks. Feedback will be taken into account for further development and fine tuning of the initiative. The Commission will summarise the input received in a synopsis report explaining how the input will be taken on board and, if applicable, why certain suggestions can't be taken up.
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09/07/2021 - 17/09/2021
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Public consultation on the draft revised Regulation on vertical agreements and vertical guidelines
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Through the consultation, the Commission aims to gather stakeholder feedback on the changes it proposes to address the issues identified in the evaluation of the current rules.
See also EC press release.
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22/07/2021 - 23/09/2021
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Revision of the Short-term export credit insurance Communication
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The evaluation of the short-term export credit insurance Communication as part of the Fitness Check found that the current provisions are overall fit for purpose, and remain needed. The proposed revision envisages a small number of amendments, which would be mostly of technical character ...
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13/07/2021 - 05/10/2021
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Horizontal agreements between companies – revision of EU competition rules
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This initiative will revise: - the rules exempting R&D and specialisation agreements from aspects of EU competition law
- the guidelines accompanying these rules.
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Open calls for tender
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24/06/2021 - 15/09/2021
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Open tender procedure for: Commission Assessment of Future Market Entry, Expansion and Imports in EU Merger Decisions
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With a view to improving its enforcement practice in merger control, the European Commission intends to evaluate whether its ex-ante assessments of future market developments, such as entry, expansion or imports, as set out in the EC’s merger decisions were correct.
The deadline to submit tenders to this open procedure is 15 September 2021.
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New legislation
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