Competition Weekly e-news

The European Commission has adopted a Communication on a competition policy fit for new challenges, which frames the important role of competition policy for Europe's path towards recovery, the green and digital transitions, and for a resilient Single Market. The Communication highlights the in-built ability of competition policy to adapt to new market circumstances, policy priorities and customer needs: for example, today, the Commission has adopted the sixth amendment of the State aid Temporary Framework to enable Member States to provide targeted support to companies during the coronavirus crisis. Furthermore, the Commission is currently pursuing a review of competition policy tools to make sure all competition instruments (merger, antitrust and State aid control) remain fit for purpose, and complement its existing toolbox.

The European Commission has today launched a targeted public consultation inviting all interested parties to comment on a proposed revision of the Guidelines on State aid rules for broadband networks (the ‘Broadband Guidelines'). Interested parties can respond to the consultation until 11 February 2022.

The European Commission has approved under EU State aid rules Estonia's map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines.

The European Commission has decided to prolong until 30 June 2022 the State aid Temporary Framework (currently set to expire by 31 December 2021). In order to further accelerate the recovery, the Commission has also decided to introduce two new measures to create direct incentives for forward-looking private investment and solvency support measures, for an additional limited period.

The European Commission has fined Conserve Italia Soc. coop. agricola and its subsidiary Conserves France S.A. (together ‘Conserve Italia') a total of € 20 000 000 for breaching EU antitrust rules.

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union clarifying that a clause in a distribution agreement, according to which the first distributor registering a transaction with the supplier enjoys priority in the sale process for a six-month period, does not constitute a restriction of competition by object under article 101(1) TFEU unless it reveals a sufficient degree of harm to competition.
In addition, the Court clarified that, irrespective of whether such a clause can be classified as a restriction of competition by object or by effect, such an agreement may be exempted pursuant to article 101(3) TFEU only if it satisfies all the cumulative conditions set forth in that provision.

Remarks by EVP Vestager on the Communication on a competition policy fit for new challenges,
Brussels,
18 November 2021.
[...] "competition policy remains a tool that serves the needs of European citizens – as consumers who benefit from lower prices, wider choice and higher quality; as workers who benefit from a vibrant labour market; and as business owners who benefit from innovative, diverse and reliable inputs, and a level playing field." [...]

DG Competition will hold a conference for Young Experts on 3 February 2022. “Taking Competition Policy into the Future” will give a platform to the competition experts and scholars of tomorrow.

New issue of the Competition Policy Brief.
[...] "The result of strong enforcement will be a quicker, stronger and more sustainable recovery. As such, if anything, regulators should increase their vigilance because mergers, in particular, bring about structural and lasting changes in markets, with tangible effects even after the crisis is over. " [...]