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State aid
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01/02/2023
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Commission consults Member States on proposal for a Temporary Crisis and Transition Framework
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The European Commission has sent to Member States for consultation a draft proposal to transform the State aid Temporary Crisis Framework into a Temporary Crisis and Transition Framework to facilitate and accelerate Europe's green transition. This proposal is part of the Green Deal Industrial Plan, also presented today – in particular, it contributes to its second pillar aiming at ensuring faster access to funding for companies operating in the EU.
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31/01/2023
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Commission approves €104 million Croatian scheme to support energy-intensive companies
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The European Commission has approved, under EU State aid rules, a €104 million Croatian scheme to reduce an electricity consumption levy imposed on energy-intensive companies. The scheme aims at mitigating the risk that, due to this levy, energy-intensive companies may relocate their activities to locations outside the EU with less ambitious climate policies. In addition, the scheme contributes to the achievement of EU's climate and environmental objectives set out in the European Green Deal.
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31/01/2023
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Commission approves €1.6 billion Romania measure to capitalise new investment and development bank
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The European Commission has approved, under EU State aid rules, a €1.6 billion Romanian measure to set-up the Romanian Investment and Development Bank (‘the Bank'). The Bank aims at supporting economic and social development, competitiveness, innovation and growth across Romania's economy.
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31/01/2023
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Commission approves €600 million Slovak scheme to support its economy in the context of Russia's war against Ukraine
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The European Commission has approved a €600 million Slovak scheme to support its 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 (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.
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Court
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02/02/2023
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Spain v Commission
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The Commission takes note of the judgment of the Court of Justice of the European Union, partially annulling a 2020 judgment of the General Court and a 2013 Commission decision. In its 2013 decision, the Commission concluded that a Spanish scheme for the purchase of ships involving leasing and financing through tax relief to be partly incompatible with EU State aid rules. The Commission found that scheme conferred a selective advantage on economic interest groupings and their investors over their competitors. The Commission therefore ordered Spain to recover the aid.
In its judgment, the Court of Justice upholds the Commission’s finding that the Spanish scheme is selective and constitutes State aid. Nevertheless, the Court finds that the Commission erred in ordering recovery solely from the economic interest grouping and their investors.
The Commission will carefully assess the judgment and reflect on possible next steps.
See also Curia's press release (in PDF format).
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31/01/2023
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Commission v Braesch and Others
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The Commission takes note of the judgment of the Court of Justice setting aside a 2021 judgment of the General Court.
In its judgment, the Court of Justice found that the bondholders of the Italian bank Monte dei Paschi di Siena (‘MPS’) were not “interested parties” within the meaning of the State aid Procedural Regulation (i.e. they were not affected by the granting of the aid) and had therefore no standing to challenge the 2017 Commission’s decision. In its 2017 decision, the Commission had approved Italy's plan to support a precautionary recapitalisation of MPS under EU State aid rules, on the basis of an effective restructuring plan.
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Conferences/Speeches
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02/02/2023
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Proposal for a State aid Temporary Crisis and Transition Framework
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Remarks by Executive Vice-President Vestager on the proposal for a State aid Temporary Crisis and Transition Framework,
Brussels, 1 February 2023.
[...] "This is a broad, far-reaching temporary proposal of changes to our current State aid system. But looking at the whole proposal, I would urge Member States to focus on the second component. Because using State aid to establish mass production and to match foreign subsidies is something new. And it is not innocent. It comes with significant risks for the integrity of the Single Market. And for our cohesion. And because of that, also for our unity." [...]
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Events
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17/02/2023
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Towards fairer markets in Africa and the EU - Fostering international partnerships in competition policy
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The first Africa-EU high-level conference Towards fairer markets in Africa and the EU - Fostering international partnerships in competition policy is now open for registrations.
The conference will take place on February 17th, as conclusion of the second Africa-EU Competition Week, which will take place from 13 to 16 February at the College of Europe in Bruges, Belgium. It will provide a platform to discuss major developments and challenges in competition policy in Africa and the EU. Leading academics, practitioners as well as officials from the EU, EU Member States and more than 25 African regional and national authorities will take part in the Conference.
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27/02/2023
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The DMA and interoperability between messaging services
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Workshop of 27 February 2023 on “The DMA and interoperability between messaging services” to discuss how to ensure effective compliance with the Digital Markets Act.
This workshop will address issues such as end-to-end encryption, security or the identification of users across different messaging services
The Commission believes it important for all stakeholders to provide their input and views on various implementation questions, whilst fully respecting the letter and the spirit of the Digital Markets Act.
The view of third parties, including but not exclusively of those who are potential beneficiaries of the Digital Markets Act, will be an important input in ensuring practicable, transparent, and effective compliance solutions.
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06/03/2023
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The DMA and app store related provisions
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Workshop of 6 March 2023 on“The DMA and app store related provisions” to discuss how to ensure effective compliance with the Digital Markets Act.
This workshop will address issues such as alternative in-app payment systems, steering and sideloading.
The view of third parties, including but not exclusively of those who are potential beneficiaries of the Digital Markets Act, will be an important input in ensuring practicable, transparent, and effective compliance solutions.
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20/06/2023
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Twenty Years of Reg. 1/2003: A (r)evolutionary tale
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DG COMPETITION will celebrate twenty years of EU antitrust enforcement under Regulation 1/2003 with a conference that will bring together leading experts to discuss and reflect on the achievements, needs and challenges of the current antitrust procedural framework.
Attendees will have the opportunity to hear insights and reflections from keynote speakers including enforcers, private practitioners, in-house counsels and academics, and participate in panel discussions.
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Publications
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COMP papers nominated for Antitrust Writing Awards 2023
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We are pleased to announce that a number of DG COMP colleagues have written papers which have been nominated in the Concurrences Antitrust Writing Awards 2023.
Three of the papers were nominated for the “Soft Law” section:
- Antitrust category: Joint statement by the European Competition Network (ECN) on the application of competition law in the context of the war in Ukraine;
- Concerted Practices category: Guidelines on the application of Union competition law to collective agreements regarding the working conditions of solo self-employed persons 2022/C 374/02;
- Cross-Border Issues category: Guidelines on State aid for climate, environmental protection and energy 2022.
Moreover, two academic articles were also nominated:
- Private enforcement category: The unsung harmony of Sumal and the Akzo line of case law, by Niklas Brueggemann;
- Cross-Border Issues category: The uneven playing field: How to deal with foreign subsidies when assessing mergers?, by Thibault Sire.
Last, but not least, one business article:
- Digital category: Mergers in Big Tech: An overview of EU and national case law, by Alessandro Massolo.
The goal of the awards is to shine a light on competition scholarship, contribute to competition advocacy and to discover the best antitrust content published over the last year.
Winners will be announced at the Antitrust Writing Awards Ceremony, which will this year take place on Tuesday, March 28, 2023, on the eve of the ABA Antitrust Spring Meeting, in Washington, D.C.
You can vote for your favorite papers until 14th March 2023.
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Public consultations
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10/01/2023 - 24/04/2023
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Sustainability agreements in agriculture – consultation on draft guidelines on antitrust exclusion
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The European Commission invites all interested parties to comment on its draft proposal for Guidelines on how to design sustainability agreements in the field of agriculture using the novel exclusion from EU competition rules introduced during the recent reform of the common agricultural policy. The draft Guidelines aim at clarifying how operators active in the agri-food sector can design joint sustainability initiatives in line with Article 210a.
See also the Commission's press release.
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Open calls for tender
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13/01/2023 - 24/02/2023
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Survey of Practitioners on the Deterrent Effects of EU Competition Enforcement
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A correct measurement of the deterrent effects EU competition enforcement is of crucial importance for determining the overall impact of competition policy enforcement, as such indirect effects largely outweigh the direct effect of competition policy interventions. The most commonly used method to estimate deterrent effects relies on surveys, which interrogate companies and their legal advisors about the effects of competition policy interventions on company behaviour. The aim of the present study is to provide an update of the existing survey-based evidence as regards the scale of the deterrent effects of EU competition policy enforcement.
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New legislation
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