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09 September 2022
31/2022

 

Competition Weekly e-news

Cases, Judgments, News

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State aid

09/09/2022

Commission approves €4 billion Romanian scheme to support companies in the context of Russia's invasion of Ukraine

The European Commission has approved a €4 billion (approximately RON 19.7 billion) Romanian 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 and amended on 20 July 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

 
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08/09/2022

2021 Scoreboard shows that COVID-19 State aid measures allowed for unprecedented levels of support while preserving the level-playing field

The 2021 State Aid Scoreboard, published today by the European Commission and relating to State aid expenditure in 2020, shows the crucial role of State Aid policy in preserving a fair Single Market while at the same time allowing Member States to support companies in times of acute and unforeseen crisis.

 
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05/09/2022

Commission approves Greek scheme under Recovery and Resilience Facility to support development of electricity storage facilities

The European Commission has approved, under EU State aid rules, a Greek measure with an estimated budget of €341 million to support the construction and operation of storage facilities in the electricity system. The measure will be partly funded by the Recovery and Resilience Facility, following the Commission's positive assessment of the Greek Recovery and Resilience Plan and its adoption by the Council.

 
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Mergers

06/09/2022

Commission prohibits acquisition of GRAIL by Illumina

The European Commission has prohibited, under the EU Merger Regulation, the implemented acquisition of GRAIL by Illumina. The merger would have stifled innovation, and reduced choice in the emerging market for blood-based early cancer detection tests. Illumina did not offer remedies sufficient to address these concerns.

 
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Conferences/Speeches

09/09/2022

Merger control: the goals and limits of competition policy in a changing world

Speech by Executive Vice-President Vestager,
International Bar Association 26th Annual Competition Conference, Florence,
9 September 2022.
[...] "But at least as regards merger control, the lesson is clear: As our recent track record has shown, a good set of rules is like a sturdy oak tree in the wind. If it is cultivated and left to grow, it can be flexible enough to bend in the wind, but also have the strong roots to keep it grounded in the storm."

 
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Court

07/09/2022

JCDecaux Street Furniture Belgium v Commission

The Commission takes note of the judgment of the General Court. In its judgment, the General Court dismissed the appeal of JCDecaux against a 2019 State aid decision. In its decision, the Commission found, among others, that aid received by JCDecaux in the form of tax and royalty exemptions amounted to incompatible State aid.

 
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07/09/2022

Tirreno Power v Commission
The Commission takes note of the judgments of the General Court. In its judgments, the General Court dismissed the appeals of Tirreno Power and Set against a 2019 State aid decision. In its decision, the Commission did not raise objections against the modifications proposed by the Italian authorities to the national capacity mechanism.
In its judgments, the General Court found that the applicants did not sufficiently demonstrate the existence of potential doubts on the compatibility of the modifications proposed by the Italian authorities. Therefore, the applicants failed to show that the Commission should have opened a formal investigation procedure to assess the compatibility of the measure with the internal market.
See also judgment in Set v. Commission.
 
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Events

09/09/2022

Workshop with environmental NGOs and other stakeholders on the Aarhus Convention Compliance Committee findings in case ACCC/C/2015/128 and Commission State aid decisions

On 9 September 2022 from 10:00 - 17:00, the Commission is organising a virtual stakeholder meeting open to environmental NGOs, industry representatives (including small businesses) and other interested organisations.
The aim of the meeting is to discuss and receive feedback on the implications of the Aarhus Convention Compliance Committee findings in case ACCC/C/2015/128 on state aid and on possible options for addressing this issue.

 
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27/10/2022

Making Markets Work for People

Registration is open for Making Markets Work for People. EVP Vestager is inviting top political and business leaders, academics and civil-society representatives to debate the social dimension of competition policy and explore what it can do for ordinary people, especially in this growing cost-of-living crisis.
The conference will take place at The EGG Brussels and online on 27 October, 2022.

 
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Public consultations

06/07/2022 - 30/09/2022

Public consultation on the proposed prolongation of the Motor Vehicle Block Exemption Regulation and the draft amendments to the Supplementary Guidelines
On 6 July 2022, the Commission published a draft Regulation prolonging the Motor Vehicle Block Exemption Regulation (“MVBER”) and a draft Communication amending the Supplementary Guidelines for stakeholder comments. Through the consultation, the Commission aims to gather stakeholder feedback on the proposed prolongation of the MVBER and the proposed changes to the Supplementary Guidelines.
See also:
 
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09/08/2022 - 03/10/2022

Evaluation of the Consortia Block Exemption Regulation
The Consortia Block Exemption Regulation is due to expire on 25 April 2024. This initiative aims to evaluate how it has functioned since it was last extended in 2020.
See also the corresponding EC press release.
 
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13/07/2022 - 04/10/2022

Implications of the Aarhus Convention Compliance Committee findings in case ACCC/C/2015/128 on state aid
The aim of the public consultation is to analyse the implications of the Aarhus Convention Compliance Committee findings in case ACCC/C/2015/128 on state aid and assess the options available. The provided feedback will serve as basis for the discussions at the meeting that will take place on September 9th.
 
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30/06/2022 - 06/10/2022

EU antitrust procedural rules – evaluation
Call for evidence and Public consultation are open to help evaluate the procedures for applying EU antitrust rules following changes to the economic landscape, e.g. digitisation, since Regulation 1/2003 entered into force.
 
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29/08/2022 - 21/11/2022

State aid rules for assessing State guarantees on loans – evaluation
The Guarantee Notice describes how the Commission assesses State guarantees on loans to businesses and was last reviewed in 2008. The Commission will now evaluate how the Guarantee Notice has functioned over time. The evaluation will focus on the effectiveness, efficiency, relevance, coherence and EU added-value of the Notice. To gather evidence, the Commission plans a public consultation, targeted consultations and a study.
 
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Open calls for tender

01/07/2022 - 16/09/2022

Study on the impact of State aid rules for banks in difficulty
The study is expected to assess the application of the state aid rules for banks in difficulty, their:(i) impact on financial stability,(ii) impact on competition,(iii) impact on long-term viability of aided banks,(iv) impact on market discipline, and(v) efficiency.The study is expected to analyse the available specialised literature and market data in detail and provide an independent quantitative and qualitative assessment of the above-mentioned aspects in terms of effectiveness and efficiency, supported by thorough collection of evidence. As a result, the study should serve the contracting authority as input for the evaluation of the State aid rules applicable to banks in difficulty since their entry into force in end-2008, in line with the Commission’s Better Regulation principles.
 
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11/08/2022 - 04/10/2022

Ex Post Evaluation of the Implementation and Effectiveness of Antitrust Remedies
This targeted study on a comparatively small sample of antitrust cases will assess the effectiveness of antitrust remedies, particularly with regard to cases in the digital sphere.
 
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11/08/2022 - 05/10/2022

Exploring Aspects of the State of Competition in the EU
Economic study to obtain:
  1. factual evidence and economic analysis regarding three aspects of the current state of competition in the EU, namely:(a) price-concentration relationships,(b) the role of so-called global ‘superstar’ firms, and(c) the importance for European ‘export champions’ of effective ‘competition at home’;
  2. and(2) an assessment of the importance of competition for the EU economy.
 
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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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