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21 January 2022
3/2022

 

Competition Weekly e-news

Cases, Judgments, News

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Antitrust

20/01/2022

Commission publishes final report on consumer Internet of Things sector inquiry

The European Commission has published today the findings of its competition sector inquiry into the consumer Internet of Things (IoT). The final report and its accompanying staff working document identify potential competition concerns in the rapidly growing markets for IoT related products and services in the European Union.

 
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State aid

21/01/2022

Commission approves 2022-2027 regional aid map for France

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

 
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20/01/2022

Commission approves 2022-2027 regional aid map for Austria

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

 
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19/01/2022

Commission approves €20 million Spanish scheme under Recovery and Resilience Facility to support deployment of intelligent transportation systems

The European Commission has approved, under EU State aid rules, a €20 million Spanish scheme made available through the Recovery and Resilience Facility (‘RRF') supporting the deployment of intelligent systems that will provide enhanced communication and information services for motorways and tunnels of the Spanish State roads network. The measure will improve road safety in Spain and contribute to making road traffic more sustainable, through the deployment and enhancement of advanced digital technologies, in line with the EU's strategic objectives relating to the digital transition, while limiting possible distortions of competition.

 
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Court

20/01/2022

Commission v Greece (Ferronickel)

The Commission takes note of the judgment by the Court of Justice of the European Union finding that Greece failed to comply with a 2017 ruling by the Court of Justice. In its ruling, the Court had condemned Greece for failure to implement a 2014 Commission decision requiring it to recover incompatible State aid from Larco General Mining & Metallurgical Company S.A. (“Larco”).
The Court of Justice imposed financial penalties on Greece. More specifically: (i) a lump sum payment of €5.5 million and (ii) a periodic penalty payments of over €4 million for every six months’ delay for failure to recover State aid granted to Larco.
Following today’s judgment, the Commission will continue its contacts with the Greek authorities on the implementation of the 2014 Commission decision.
See also Curia's press release.

 
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20/01/2022

Deutsche Lufthansa v Commission
The Commission takes note of today’s judgment of the Court of Justice of the European Union, which dismissed Lufthansa’s appeal against a 2019 order of the General Court. In its order, the General Court had rejected Lufthansa’s application for annulment of a 2014 Commission State aid decision finding that the financing of the operator of Frankfurt-Hahn airport was in line with EU State aid rules.
In its judgment, the Court of Justice confirmed that the applicant did not sufficiently demonstrate to be individually affected by the Commission decision and thus that its application for annulment should be rejected.
 
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19/01/2022

Deutsche Telekom v Commission
The Commission takes note of the judgment of the General Court upholding Deutsche Telekom’s appeal against the 2019 Commission decision. In its decision, the Commission rejected Deutsche Telekom’s request for payment of default interests on the excess fine amount provisionally paid by the company. This amount was consequently reimbursed by the Commission following the 2018 General Court judgment which reduced the amount of the fine.
The Commission will carefully study the judgment and reflect on possible next steps.
See also Curia's press release.
 
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19/01/2022

Koinopraxia Touristiki Loutrakiou v Commission
The Commission takes note of the judgment of the General Court upholding a 2018 Commission State aid decision. In its decision, the Commission had found that the system of levies on admissions to certain casinos in Greece, in place until November 2012, did not constitute State aid.
In its judgment, the General Court rejected the claims of the complainant. In particular, the General Court confirmed that the issue of the alleged increased attractiveness of public casinos due to lower entry prices was already covered by the Commission’s formal investigation, which opened in 2010. Furthermore, the General Court confirmed that the annulment of an intermediate 2011 final Commission State aid decision in this case did not affect the validity of the 2010 Commission decision opening the formal investigation.
 
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Conferences/Speeches

03/02/2022

Taking Competition Policy into the Future: open registration

Registration is open for Taking Competition Policy into the Future. DG Competition organised this conference to give a platform to the experts and scholars of tomorrow to debate what competition policy will look like in ten years’ time.
This half-day, hybrid conference will take place online and in the Berlaymont building in Brussels in the afternoon of 3 February, 2022. Executive Vice-President Vestager will give introductory remarks and Director-General Guersent will close the event.
Click here to register.

 
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Publications
Final report: Sector inquiry into consumer Internet of Things

The preliminary report covers the main findings of the sector inquiry on the Consumer IoT. It is accompanied by a staff working document that summarises the main findings of the Consumer IoT sector inquiry and incorporates comments submitted by stakeholders during the public consultation.
See also EC press release.

 
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Public consultations

19/11/2021 - 11/02/2022

Revision of the Guidelines on State aid for broadband networks
The Commission is publishing for consultation the draft revised Guidelines on State aid for broadband networks (the ‘Broadband Guidelines’).
The consultation aims to clarify the existing State aid rules and ensure they take account of the latest market and technological developments.
See also EC press release.
 
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19/01/2022 - 16/02/2022

EU competition law – updating the market definition notice (open call for evidence)
Following an evaluation, this initiative will revise the notice to ensure it is accurate and up-to-date. It will also set out a clear, consistent and accessible approach to market definition in antitrust and merger cases across sectors.
 
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09/12/2021 - 24/02/2022

Draft Guidelines on collective bargaining of self-employed
The draft Guidelines aim to ensure that competition law does not stand in the way of collective agreements to improve the working conditions of certain self-employed persons, who may have little influence over their working conditions, while guaranteeing that consumers and SMEs continue to benefit from competitive prices and innovative business models, including in the digital economy.
With the present public consultation, the European Commission is seeking the views of stakeholders about the draft text of the Guidelines.
See also the corresponding EC press release.
 
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11/01/2022 - 13/03/2022

Public consultation on revised State aid rules for the agricultural and forestry sectors and in rural areas
The Commission is publishing for consultation the draft Agricultural Block Exemption Regulation (ABER) and the revised draft Guidelines on State aid for the agricultural and forestry sectors and in rural areas.
See also the corresponding EC press release.
 
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11/01/2022 - 13/03/2022

Public consultation on revised State aid rules for the fishery and aquaculture sector
The Commission is publishing for consultation the draft fishery and aquaculture Block Exemption Regulation (FIBER), the draft amendment of the fishery and aquaculture de minimis Regulation and the revised draft Guidelines on State aid for the fishery and aquaculture sector.
See also the corresponding EC press release.
 
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22/12/2021 - 16/03/2022

Rail transport – revision of State aid guidelines : Public consultation
A recent fitness check (evaluation) of the State aid rules for the rail sector confirmed that they are outdated and need a full review.
See also the corresponding press release.
 
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New legislation

Other relevant information:
European Economic Area: EFTA State aid register, EFTA Block exemption information sheets and EFTA competition cases
Court: Judicial calendar of the Court


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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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