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06 May 2022
17/2022

 

Competition Weekly e-news

Cases, Judgments, News

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Mergers

06/05/2022

Commission seeks feedback on proposed simplification measures regarding merger procedures

The European Commission has launched today a public consultation inviting all interested parties to comment on the draft revised Merger Implementing Regulation and the Notice on Simplified Procedure.

 
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Antitrust

04/05/2022

Commission sends Statement of Objections to Apple over practices regarding Apple Pay

The European Commission has informed Apple of its preliminary view that it abused its dominant position in markets for mobile wallets on iOS devices. By limiting access to a standard technology used for contactless payments with mobile devices in stores (‘Near-Field Communication (NFC)' or ‘tap and go'), Apple restricts competition in the mobile wallets market on iOS.
See also Margrethe Vestager's remarks.

 
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State aid

04/05/2022

Commission approves German umbrella scheme to support companies in context of Russia's invasion of Ukraine

The European Commission has approved a German umbrella scheme with a budget of around €11 billion to support companies across sectors in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.

 
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Court

04/05/2022

Wizz Air Hungary v Commission (TAROM)

The Commission takes note of the judgment of the General Court dismissing Wizz Air’s action for annulment against a 2020 Commission decision. In its decision, the Commission approved rescue aid of approximately €36.7 million granted by Romania to the airline TAROM.
In its judgment, the General Court fully upheld the Commission’s assessment and decision. In particular, it confirmed that the measure aimed at preventing the social hardship that a disruption of TAROM’s services might cause for the connectivity of regions in Romania and thus was in line with EU State aid rules and compatible with the internal market.
Furthermore, the General Court confirmed the expiry of a period of at least 10 years from the granting of earlier restructuring aid to the airline, as provided in the Commission's Guidelines on rescue and restructuring aid (the so-called “one time, last time” principle). In particular, it clarified that the period during which the restructuring measures are implemented is in principle different from the period during which the restructuring aid itself is implemented.
See also Curia's press release (in PDF format).

 
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04/05/2022

Larko v Commission
The Commission takes note of the judgment of the General Court dismissing Larco’s appeal against a 2014 Commission decision. In its decision, the Commission found that, among others, a public guarantee granted to Larco in 2008 constituted incompatible State aid and ordered recovery of the aid.
In its judgment, the General Court upheld the Commission’s finding that the aid was not granted at market conditions and thus conferred an advantage to the company.
 
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Conferences/Speeches

05/05/2022

A new age of international cooperation in competition policy

Speech of Executive Vice-President Vestager,
ICN Annual Conference, Berlin,
5 May 2022.
[...]"Because ultimately, competition policy is about more than just ‘prices', ‘barriers to entry' or ‘market share'. It is about prosperity. It is about openness and it is about freedom." [...]

 
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Public consultations

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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06/05/2022 - 03/06/2022

Merger control in the EU – further simplification of procedures
The purpose of this public consultation is to gather stakeholder feedback on the draft revised Merger Implementing Regulation and the draft revised Notice on Simplified Procedure, and in particular on the changes that the Commission proposes.
See also the corresponding press release.
 
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17/03/2022 - 09/06/2022

Evaluation of State aid rules for banks in difficulty
This targeted consultation aims at gathering evidence and views on the effectiveness, efficiency, relevance, coherence and EU added value of these rules. This input will help the Commission to analyse the extent to which the Commission’s State aid rules for banks in difficulty preserved financial stability, while minimising competition distortions.
 
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Open calls for tender

08/04/2022 - 16/05/2022

Study on New Developments in Card-based Payment Markets, Including as Regards Relevant Aspects of the Application of the Interchange Fee Regulation
The subject of this call for tenders is a study on new market developments in card-based payment markets, including on digital solutions such as mobile wallets that rely on cards for payment transactions. The study will also provide a detailed assessment of key elements of the conclusions and recommendations of the Commission Report to the European Parliament and the Council of 29 June 2020 on the effects of the Interchange Fees Regulation.
Reference number: COMP/2022/OP/0002
Deadline: 16/05/2022 16:00.
 
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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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