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04 March 2022
9/2022

 

Competition Weekly e-news

Cases, Judgments, News

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Antitrust

03/03/2022

Commission consults stakeholders on sustainability agreements in agriculture

The European Commission is inviting stakeholders such as primary producers, processors, manufacturers, wholesalers, retailers and input providers to share their experience with agreements aimed at achieving sustainability objectives in the agri-food supply chains. The feedback will help the Commission to draft guidelines on a new derogation exempting sustainability agreements in the field of agriculture from competition rules under certain conditions.

 
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01/03/2022

Commission invites comments on draft revised rules on horizontal cooperation agreements between companies

The European Commission has launched today a public consultation inviting all interested parties to comment on two draft revised Horizontal Block Exemption Regulations on Research & Development (“R&D”) and Specialisation agreements (“R&D BER” and “Specialisation BER” respectively, together “HBERs”) and the draft revised Horizontal Guidelines.

 
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State aid

03/03/2022

Commission approves 2022-2027 regional aid map for Malta

The European Commission has approved under EU State aid rules Malta'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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02/03/2022

Commission approves €687 million Italian scheme to compensate commercial rail passenger operators for the damage suffered due to the coronavirus pandemic

The European Commission has approved, under EU State aid rules, €687 million Italian support to compensate providers of commercial long-distance rail passenger services for the damage suffered during the period between 1 July 2020 and 30 April 2021 due to the coronavirus pandemic and the restrictive measures that Italy had to implement to limit the spread of the virus.

 
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02/03/2022

Commission approves €2 billion Hungarian investment support scheme towards a sustainable recovery

The European Commission has approved a €2 billion Hungarian scheme aimed at providing investment support towards a sustainable recovery. The scheme was approved under the State aid Temporary Framework.

 
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Court

02/03/2022

Huhtamaki v Commission

The Commission takes note of the General Court's judgment upholding Huhtamäki’s appeal against a 2019 Commission decision. In its decision, the Commission refused to grant Huhtamäki access to certain documents forming part of the administrative file of the State aid investigation into Huhtamäki’s tax treatment in Luxembourg.
The Commission will carefully study the judgment and reflect on possible next steps.
The judgment does not prejudge the outcome of the formal investigation into the tax treatment of Huhtamäki in Luxembourg.

 
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Publications
Modelling the macroeconomic impact of competition policy 2021 update and further development,

[...] "The report presents the results of the macroeconomic impact of competition policy interventions by the European Commission using the QUEST III macro-model of the EU economy and an EU-wide input-output model. The simulations make use of the information provided by DG Competition on the European Commission’s merger interventions and cartel prohibitions as well as preliminary data on antitrust interventions other than cartels." [...]

 
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DG COMP proposals to amend the R&D Horizontal Block Exemption Regulation: A review on behalf of the publicly funded Research Organisation (PRO) & University sector

[...] "This report assesses the ability of the proposed policy options to ensure that the rules of the R&D BER and the Horizontal Guidelines do not discourage the participation of research institutes and/or academic bodies in R&D cooperation agreements that do not raise competition concerns. The report welcomes proposals for added clarification in both an updated BER and its Guidelines as being necessary, such as around certain temporal and material aspects." [...]

 
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Specialisation agreements and SMEs

[...] "This report reviews the treatment of specialisation agreements under EU competition rules, exploring if and how these rules hinder procompetitive cooperation between small and medium-sized enterprises (“SMEs”), either among them or with larger undertakings." [...]

 
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Incorporating Sustainability into an Effects-Analysis of Horizontal Agreements

[...] "Expert advice on the assessment of sustainability benefits in the context of the review of the Commission Guidelines on horizontal cooperation agreements." [...]

 
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R&D cooperation agreements Exempted under the EU R&D concluded by SMEs – Block Exemption Regulation?

[...] "The report [...] discusses three possible tests to identify R&D cooperation agreements between competing SMEs that should be exempted under the R&D BER." [...]

 
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Horizontal Guidelines on purchasing agreements: Delineation between by object and by effect restrictions

[...] "This Report provides advice to the European Commission on the delineation between restrictions of competition by object on the one hand and by effect on the other in the context of joint purchasing agreements. It examines judgments, decisions and guidance on buyer cartels and joint purchasing and negotiation agreements, both within the EU and in third countries around the world. The Report defines what is meant by a ‘buyer cartel’ and by ‘joint purchasing’, and makes a number of suggestions for the framework of analysis for determining whether such agreements restrict competition by object or by effect." [...]

 
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Public consultations

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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01/03/2022 - 26/04/2022

Public consultation on the draft revised Horizontal Block Exemption Regulations and Horizontal Guidelines
On 1 March 2022, the Commission published drafts of the revised R&D and Specialisation Block Exemption Regulations (together ‘HBERs’) and Horizontal Guidelines for stakeholder comments.
See also the EC press release.
 
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28/02/2022 - 23/05/2022

Public consultation on sustainability agreements in agriculture
This initiative provides agricultural producers and other operators with guidance on how to assess whether sustainability agreements fulfil the conditions for granting a derogation (exemption) from EU competition rules.
See also the EC press release.
 
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New legislation

Other relevant information:

Commission Decisions

SA Block exemptions

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

Miscellanea: European Commission's Press Corner: Latest Daily News and Base rates in force.


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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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