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22 December 2022
46/2022
Dear readers, this is the last issue of the year.
Best wishes for the holidays period and the new year.
Next issue will be released on Monday, January 9th.

 

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Competition

22/12/2022

2022 at a glance

As we come to the end of a busy and eventful 2022, it’s a good moment to look back on what we did during the year to help Europe, and indeed Europeans, to thrive in challenging circumstances.
We will work equally hard next year, ready to face current challenges as well as new ones. In the meantime, we would like to wish you all a happy and prosperous 2023!

 
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State aid

22/12/2022

Commission approves €3 billion Polish scheme to support companies active in the Polish gas market in the context of Russia's war against Ukraine

The European Commission has approved a €3 billion Polish scheme to support companies active in the Polish gas market in the context of Russia's war against 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 and on 28 October 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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21/12/2022

Commission approves amendments to German scheme to support offshore wind energy generation

The European Commission has approved, under EU State aid rules, amendments to a German scheme to support offshore wind energy generation in Germany (German Offshore Wind Energy Act - 'WindSeeG'). The scheme complements the German Renewable Energy Act (Erneuerbare Energien Gesetz – ‘EEG 2023') and will further contribute to achieving Germany's energy and environmental targets and the EU's strategic objectives relating to the European Green Deal.

 
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21/12/2022

Commission approves €12 million Cypriot scheme under the Recovery and Resilience Facility to support access to high-speed broadband services

The European Commission has approved, under EU State aid rules, a €12 million Cypriot voucher scheme, made available in part through the Recovery and Resilience Facility (‘RRF'), to help households access high-speed broadband services. The scheme is aimed at fostering the digitalisation of the country and will also contribute to the EU's strategic objectives relating to the digital transition.

 
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21/12/2022

Commission approves modification of German scheme to support electricity production from renewable energy sources

The European Commission has approved, under EU State aid rules, the modification of a German scheme to support the production of electricity from renewable energy sources. The scheme reflects a recent amendment by Germany to its Renewable Energy Act (“Erneuerbare Energien Gesetz” – ‘EEG 2023'), and will further contribute to achieving Germany's energy and environmental targets and the EU's strategic objectives relating to the European Green Deal.

 
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21/12/2022

Commission approves €49 billion German scheme to support the economy in the context of Russia's war against Ukraine

The European Commission has approved a €49 billion German scheme to support the economy in the context of Russia's war against 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 and on 28 October 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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20/12/2022

Commission approves amendments to Italian scheme, including up to €23 billion budget increase, to support companies in context of Russia's war against Ukraine

The European Commission has found the amendments to an existing Italian guarantee scheme, including an up to €23 billion budget increase, to support companies in the context of Russia's war against Ukraine to be in line with the State Aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 2022. The overall budget of the measure is not over €33 billion.

 
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20/12/2022

Commission approves €1.1 billon Polish scheme to support particularly affected energy intensive companies in the context of Russia's war against Ukraine

The European Commission has approved a €1.1 billon (PLN 5.1 billion) Polish scheme to support particularly affected energy intensive companies in the context of Russia's war against 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 and on 28 October 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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19/12/2022

Commission approves €80 million Finnish recapitalisation measure to support Meyer Turku Oy in the context of Russia's war against Ukraine

The European Commission has approved a €80 million Finnish recapitalisation measure to support Meyer Turku Oy, the largest national shipyard in Finland, in the context of Russia's war against Ukraine pursuant to Article 107(3)(b) TFEU and in line with the principles set out in the Temporary Crisis Framework adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 2022.

 
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19/12/2022

Council adopts a regulation enabling the Commission to simplify procedures for State aid to green transport

On 19th December 2022, the Council adopted a new regulation enabling the Commission to exempt Member States from prior notification to the Commission certain types of aid for rail, inland waterway and multimodal transport, with the objective of promoting green transport.
See also the EC's press release in July 2022, as well as the corresponding public consultation.

 
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Antitrust

20/12/2022

Commission accepts commitments by Amazon barring it from using marketplace seller data, and ensuring equal access to Buy Box and Prime

The European Commission has made commitments offered by Amazon legally binding under EU antitrust rules. Amazon's commitments address the Commission's competition concerns over Amazon's use of non-public marketplace seller data and over a possible bias in granting to sellers access to its Buy Box and its Prime programme.
See also Remarks by Executive Vice-President Vestager.

 
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19/12/2022

Commission sends Statement of Objections to Meta over abusive practices benefiting Facebook Marketplace

The European Commission has informed Meta of its preliminary view that the company breached EU antitrust rules by distorting competition in the markets for online classified ads. The Commission takes issue with Meta tying its online classified ads service, Facebook Marketplace, to its personal social network, Facebook. The Commission is also concerned that Meta is imposing unfair trading conditions on Facebook Marketplace's competitors for its own benefit.

 
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Court

21/12/2022

E. Breuninger v Commission

The General Court dismissed as inadmissible the three appeals brought against the Commission’s decisions approving aid granted by Germany to compensate for losses suffered in the context of the COVID-19 crisis.
See also:

 
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21/12/2022

Landwärme v Commission
The Commission takes note of today's judgment by the General Court, which annuls two 2020 Commission decisions. In its decisions, the Commission approved the prolongation of Swedish tax exemption measures for non food-based biogas and bio propane used for heating or as motor fuel in Sweden.
The Commission will carefully study the judgment and reflect on possible next steps.
 
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21/12/2022

Ekobulkos v Commission
The Commission takes note of today's judgment of the General Court, dismissing an action for failure to act against the European Commission.
The General Court confirmed that the Commission was not under an obligation to act, as the Commission had already decided in August 2016 on the compatibility of the Bulgarian renewable energy support scheme with EU State aid rules.
 
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Events

22/12/2022

Digital Mergers Workshop

Protecting competition in technology markets, and innovation competition in particular, is crucial to today’s society. On December 13th, the Commission hosted a workshop on Digital Mergers which was attended by representatives of academia, the legal and business community, as well as the US Federal Trade Commission, the Dutch Authority for Consumers and Markets and DG Competition.
The event's recording is available on the workshop's website.

 
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Publications
Competition merger brief. Issue 2/2022

Includes comments on the following cases: LSEG/Refinitiv; Novelis/Aleris; Hyundai/Daewoo; as well as Derichebourg/Ecore.

 
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Public consultations

25/11/2022 - 23/12/2022

EU competition rules on technology transfer agreements – evaluation
The purpose of this initiative is to evaluate how the Technology Transfer Block Exemption Regulation, due to expire on 30 April 2026, and related guidelines are working in practice, to help decide whether the Commission should: (i) let the Regulation expire; (ii) prolong the duration of the Regulation, or (iii) prepare a revised Regulation and related guidelines.
 
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09/12/2022 - 06/01/2023

Digital Markets Act - implementing provisions
The Digital Markets Act (DMA) empowers the Commission to adopt implementing acts laying down detailed arrangements on issues identified in Article 46 of the DMA.
The Commission intends to adopt an implementing regulation laying down rules concerning procedural aspects in relation to certain practical arrangements envisaged under Article 46.
This draft act is open for feedback for 4 weeks.
 
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12/12/2022 - 09/01/2023

Review of rules on exemptions for small amounts of aid to services of general economic interest
The Services of General Economic Interest (SGEI) de minimis Regulation, evaluation of which started in 2019, exempts from State aid control small amounts of aid granted to SGEI.
Based on the preliminary findings of the evaluation, the Commission will consider whether the exempted amounts should be adjusted in light of inflation over time and whether there is a need to align certain concepts with Commission Regulation (EC) No 1407/2013.
 
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15/11/2022 - 10/01/2023

Exemptions for small amounts of aid (de minimis aid) (update)
The Commission proposes to revise the de minimis threshold to adapt it to the current economic context and proposed to improve transparency requirements. These changes are translated into the text of the proposed Regulation, which is subject to the present public consultation.
 
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08/11/2022 - 13/01/2023

Review of the Commission Notice on the definition of relevant market for the purposes of Community competition law
The present consultation is carried out in the context of the ongoing review of the Market Definition Notice. The purpose of the consultation is to gather stakeholders’ opinion in relation to the draft revised Market Definition Notice, first rendered public on 8 November 2022.
See also the corresponding EC press release.
 
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Open calls for tender

11/11/2022 - 10/01/2023

Technical expertise in the context of investigations and compliance enforcement in relation to digital services
The subject of this call for tenders is the provision of technical expertise in relation to digital services in the context of enforcement of competition law and of ensuring contestability and fairness in that sector.
Time limit for receipt of tenders: 10/01/2023.
 
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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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ISSN: ISSN 2600-2558