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24 June 2022
23/2022

 

Competition Weekly e-news

Cases, Judgments, News

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Mergers

23/06/2022

Commission opens in-depth investigation into the proposed acquisition of OMV Slovenija by MOL

The European Commission has opened an in-depth investigation to assess the proposed acquisition of OMV Slovenija by MOL under the EU Merger Regulation. The Commission is concerned that the proposed transaction may reduce competition in the retail motor fuel markets in Slovenia.

 
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State aid

23/06/2022

Commission approves €1 million Croatian scheme to support maize seed producers in context of Russia's invasion of Ukraine

The European Commission has approved a €1 million (HRK 7.5 million) Croatian scheme to support maize seed producers 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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20/06/2022

Commission approves €3.9 million Estonian scheme to support agricultural producers in context of Russia's invasion of Ukraine

The European Commission has approved a €3.9 million Estonian scheme to support the beef, poultry and horticulture 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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20/06/2022

Commission approves €374 million Italian scheme to compensate rail freight transport companies for the damage suffered due to the coronavirus pandemic

The European Commission has approved, under EU State aid rules, €374 million Italian support to compensate rail freight transport companies for the damage suffered during the period between 12 March and 31 May 2020 due to the coronavirus pandemic and the restrictions that Italy and other countries had to implement to limit the spread of the virus.

 
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20/06/2022

Commission approves €1.14 billion Hungarian scheme to support companies in context of Russia's invasion of Ukraine

The European Commission has approved a €1.14 billion (HUF 442.37 billion) Hungarian scheme 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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20/06/2022

Commission approves €1.7 billion Italian scheme to support investment towards a sustainable recovery

The European Commission has approved a €1.7 billion Italian scheme aimed at providing investment support towards a sustainable recovery. The scheme was approved under the State aid Temporary Framework.

 
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20/06/2022

Commission approves €500 million Romanian scheme under Recovery and Resilience Facility to support the establishment of new forest areas

The European Commission has approved, under EU State aid rules, a €500 million Romanian scheme made available through the Recovery and Resilience Facility ('RRF') to support the growth of new forest areas. The measure is part of Romania's strategy to ensure the protection of forests and biodiversity. The scheme will also contribute to the EU's strategic objectives relating to the green transition.

 
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17/06/2022

Commission approves €226 million Hungarian scheme to support SMEs in context of Russia's invasion of Ukraine

The European Commission has approved a €226 million (HUF 90 billion) Hungarian scheme to support small and medium-sized enterprises (‘SMEs') 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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Antitrust

20/06/2022

Commission opens investigation into possible anticompetitive disparagement by Vifor Pharma of iron medicine

The European Commission has opened a formal antitrust investigation to assess whether Vifor Pharma has restricted competition by illegally disparaging its closest – and potentially only – competitor in Europe on the market for intravenous iron treatment, Pharmacosmos. Vifor Pharma's conduct appears to be aimed at hindering competition against its blockbuster high-dose intravenous iron treatment medicine, Ferinject.

 
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Court

22/06/2022

Ryanair v Commission (Finnair II; Covid-19)

The Commission takes note of today’s judgment of the General Court, which upheld the Commission decision of 9 June 2020 approving a recapitalisation measure in favour of Finnair. In its decision, the Commission found that the aid notified by Finland was compatible with the internal market, as it was proportionate and necessary to contribute to remedy a serious disturbance to the economy of Finland.
See also Curia's press release (in pdf format).

 
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22/06/2022

ThyssenKrupp v Commission
The Commission takes note of the judgment of the General Court upholding the Commission’s 2019 decision prohibiting the creation of a joint venture by Tata Steel and ThyssenKrupp under the EU Merger Regulation (‘EUMR’).
In its judgement, the General Court fully upheld the Commission’s assessment.
The General Court further found that the Commission correctly concluded that the remedies offered by the parties were insufficient to eliminate the identified significant impediments to effective competition.
See also Curia's press release (in pdf format).
 
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22/06/2022

Volvo and DAF Trucks
Case C 267/20 was a request for a preliminary ruling brought by a Spanish court seeking guidance on the the interpretation of Article 101 TFEU as well as of Articles 10 and 17 and Article 22(2) of the Damages Directive. In its judgment, the Court clarified the temporal scope of application of the rules of the Damages Directive.
See also Curia's press release (in pdf format).
 
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Public consultations

17/03/2022 - 15/07/2022

Evaluation of State aid rules for banks in difficulty
This targeted consultation (deadline extended to 15 July!) aims at gathering evidence and views on the effectiveness, efficiency, relevance, coherence and added value of EU specific State aid rules for banks in difficulty. 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.
Given its technical nature, this targeted consultation is most suitable for stakeholders directly involved in or affected by the Commission’s State aid control for banks in difficulty or with relevant expertise in the field of State aid control, the analysis of competition in the financial sector and financial stability.
 
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23/06/2022 - 21/07/2022

Aviation guidelines. Prolongation of operating aid to regional airports (COVID-19 response) : Call for evidence

The 2014 Guidelines on State aid to airports and airlines include a transition period (expiring in April 2024), during which operating aid to airports with less than 3 million passengers a year can be allowed (as it can be declared compatible with the single market).

In view of the additional time needed to start recovering from the effects of the COVID-19 crisis, the Commission is proposing a short prolongation of this transition period, without making any other changes to the rules.

 
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Open calls for tender

18/05/2022 - 30/06/2022

Support Study for the Evaluation of Regulations 1/2003 and 773/2004
The subject of this call for tenders is the procurement of a study that will assist the European Commission with the evaluation of Regulations 1/2003 and 773/2004.
 
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16/06/2022 - 20/07/2022

Collection of Key Qualitative and Quantitative Information from Past European Commission's Merger Decisions
Contract for: (i) the extraction and collection of key qualitative and quantitative information from non-simplified past Commission merger decisions, and delivery of such information to DG COMP in a predetermined format and structure; and (ii) the analysis of the extracted data in a report to be submitted together with the data.
 
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17/05/2022 - 26/07/2022

Open call proposals: Training of National Judges in EU Competition Law
The objective of this call for proposals is to co-finance projects aiming to train national judges in the context of enforcing European competition rules. This includes public and private enforcement of both the Antitrust rules and the State aid rules, thereby increasing the knowledge and know-how of national judges. The final aim is to ensure a coherent and consistent application of EU competition law by national courts.
 
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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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