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28 January 2022
4/2022

 

Competition Weekly e-news

Cases, Judgments, News

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Mergers

27/01/2022

Commission clears acquisition of Kustomer by Meta (formerly Facebook), subject to conditions

The European Commission has today approved under the EU Merger Regulation the proposed acquisition of Kustomer by Meta (formerly Facebook). The approval is conditional on full compliance with commitments offered by Meta.

 
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25/01/2022

Commission approves acquisition of Ferro by Prince, subject to conditions

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Ferro by Prince, both active in the manufacturing of mineral-based chemicals and industrial additives and products. The approval is conditional on full compliance with commitments offered by Prince.

 
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State aid

27/01/2022

Commission approves €3.8 billion Italian scheme under Recovery and Resilience Facility to support deployment of Gigabit networks

The European Commission has approved, under EU State aid rules, a €3.8 billion Italian scheme made available through the Recovery and Resilience Facility (RRF) to deploy high-performing gigabit networks in areas of the country where there is no current or planned network able to provide at least 300 megabits per second (Mbps) download speed. The measure is part of a comprehensive strategy that Italy has put in place to address the needs of citizens and businesses in the context of the digitalisation of the country. It will also contribute to the EU's strategic objectives relating to the digital transition.

 
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27/01/2022

Commission approves 2022-2027 regional aid map for the Netherlands

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

 
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27/01/2022

Commission approves 2022-2027 regional aid map for Slovenia

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

 
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26/01/2022

Commission approves restructuring aid of up to around €2.7 billion for Romanian power company Complexul Energetic Oltenia SA

The European Commission has approved, under EU State aid rules, Romania's plans to grant power company Complexul Energetic Oltenia SA (‘CE Oltenia') restructuring aid for up to €2.66 billion (RON 13.15 billion). The measure will enable the company to finance its restructuring plan and restore its long-term viability.

 
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Court

27/01/2022

Sātiņi-S

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union. In its judgment, the Court clarified that compensation granted by a Member State to an economic operator for the damage suffered as a result of protective measures applicable in nature protection areas confer an advantage capable of constituting State aid.
In addition, the Court clarified that the Member State concerned may classify such compensation as “de minimis aid” and thus refrain from notification to the Commission, if it complies with the conditions of the De minimis aid Regulation for the fishery and aquaculture sector, including the ceiling provided thereby.
See also Curia's press release (in pdf) .

 
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27/01/2022

Zinātnes parks
The Commission takes note of the preliminary ruling of the Court of Justice of the European Union. In its judgment, the Court clarified that, in order to determine whether a company is ‘in difficulty’ within the meaning of Article 2(18)(a) of the General Block Exemption Regulation, the expression ‘subscribed share capital’ must be interpreted as referring to all contributions which current or future members or shareholders of a company have made or have irrevocably undertaken to make.
 
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27/01/2022

Fondul Proprietatea
The Court of Justice of the European Union issued a preliminary ruling on an appeal submitted by the Court of Appeal in Bucharest. In Case C-179/20, the Court ruled that certain measures introduced by a government decree such as the one at issue might constitute state aid in light of Art. 107(1)TFEU. If so, the measures need to be notified to the European Commission for approval before being actually implemented.
 
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26/01/2022

Intel Corporation v Commission
The Commission takes note of today’s judgment by the General Court, which annulled a large part of a 2009 Commission Decision against Intel, including the fine in its entirety. In its decision, the Commission found that Intel abused its dominant market position by engaging in illegal anticompetitive practices to exclude competitors from the market for computer chips called x86 central processing units (CPUs).
The Commission will carefully study the judgment and reflect on possible next steps.
See also Curia's press release (in pdf).
 
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25/01/2022

Commission v European Food and Others
The Commission takes note of today’s judgment of the Court of Justice of the European Union, which set aside the 2019 judgment of the General Court in this case. In today’s judgment, the Court of Justice concluded that the General Court erred in law and held that the Commission was competent to assess the implementation of the arbitral award under EU state aid rules and thus to adopt the 2015 State aid decision. In particular, the Court of Justice found that the right to compensation for the damage alleged by the Swedish investors only arose with the arbitral award of 11 December 2013, i.e. following the accession of Romania to the European Union, even though it was the result of the repeal by Romania of the tax incentives scheme in 2005.
Therefore, considering the fact that the aid measure in question was granted after Romania’s accession to the European Union, the Court of Justice concluded that EU State aid rules were fully applicable to the measures in question and the Commission was competent to assess them.
The Court of Justice also confirmed that the arbitral award was incompatible with EU law in the light of the Achmea case-law. In particular, the Court of Justice stated that the arbitration clause in a Bilateral Investment Treaty (‘BIT’) concluded between a Member State and a non-EU State is capable of adversely affecting the autonomy of EU law after the accession of that State to the European Union, in so far as the BIT is still in force. With effect from Romania’s accession to the European Union, the system of judicial remedies provided for by the TEU and TFEU replaced the arbitration procedure and the consent given by Romania to the arbitration procedure lacked any force.
See also Curia's press release (in pdf).
 
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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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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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