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Mergers
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08/02/2023
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Commission clears the acquisition of MBCC by Sika, subject to conditions
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The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of MBCC by Sika. The approval is conditional on the divestiture of MBCC's global chemical admixture business.
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State aid
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07/02/2023
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Commission approves €1.36 billion Greek scheme to compensate energy-intensive companies for indirect emission costs
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The European Commission has approved, under EU State aid rules, a Greek scheme to partially compensate energy-intensive companies for higher electricity prices resulting from indirect emission costs under the EU Emission Trading System (‘ETS').
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06/02/2023
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Commission approves €1.5 billion French scheme to support protection against the insolvency of travel organisers
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The European Commission has approved, under EU State aid rules, a €1.5 billion French scheme to support insurers that cover travel organisers' insolvency. The aim of the scheme is to preserve the protection of travellers in the event of insolvency of a travel organiser.
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Foreign Subsidies Regulation
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06/02/2023
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Commission seeks feedback on the implementation of the Foreign Subsidies Regulation
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The Commission invites stakeholders to give feedback on the implementation of the Foreign Subsidies Regulation (‘FSR'). The draft Implementing Regulation clarifies practical and procedural aspects related to the application of the new EU rules to address distortions caused by foreign subsidies in the Single Market. The feedback period will last 4 weeks. Interested parties are invited to submit their comments by 6 March 2023.
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Court
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08/02/2023
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Carpatair v Commission
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The Commission takes note of the judgment of the General Court. In its judgment, the General Court partially annulled a 2020 Commission’s State aid decision. In its decision, the Commission concluded that some investment projects at Timisoara Airport (publicly financed from 2007 – 2009) did not constitute State aid and that other investment projects were compatible with the internal market. This was not challenged by the action for annulment brought by Carpatair. In its decision, the Commission also concluded that the 2007, 2008 and 2010 schemes of airport charges, including their discounts and rebates, were not selective and therefore did not constitute State aid. Finally, the Commission found that the 2008 Agreements (including the 2010 Amendment Agreements) signed between the Airport Manager and Wizz Air were concluded under normal market conditions and therefore did not constitute State aid.
In its judgment, the General Court annulled the 2020 decision with regard to the Commission’s assessment of the 2010 scheme of airport charges, including their discounts and rebates, as well as the 2008 Agreements with Wizz Air (including 2010 Amendment Agreements).
We will carefully study the judgment and reflect on possible next steps.
See also Curia's press release (in PDF format).
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08/02/2023
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PBL and WA v Commission
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The Commission takes note of today’s judgment of the General Court, dismissing the application for annulment of a 2021 Commission letter. In its 2021 letter, the Commission rejected a complaint submitted by an individual member of Football Club Barcelona alleging the existence of unlawful aid to the football club Paris Saint Germain (PSG).
In its judgment, the General Court confirmed the Commission’s conclusion that the complainant cannot be considered an interested party within the meaning of Regulation (EU) 2015/1589 on the application of State aid rules.
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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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06/02/2023 - 06/03/2023
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Distortive foreign subsidies – procedural rules for assessing them
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In June 2022, the Council and European Parliament provisionally agreed on a regulation to make foreign subsidies subject to the same scrutiny as EU subsidies.
This initiative sets out the rules on applying the regulation:- procedures for notifying, and content of, notifications of concentrations and public procurement bids
- rules for calculating time limits
- procedural rules on preliminary reviews and in-depth investigations in cases of suspected distortive foreign subsidies.
See also the Commission's press release.
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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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07/02/2023 - 24/03/2023
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Provision of Services and Support for Policy Studies and Collection of Information from Past Commission Decisions in the Area of Competition Policy
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The subject of this call for tenders is the provision of services, support for policy studies and collection of information from past Commission decisions in the area of competition policy. The call is divided in two lots. Lot 1 concerns evaluation studies, impact assessments and public consultations, preparation of analytical reports or market studies, policy briefs, workshops, interviews, focus groups and expert panels. Lot 2 concerns services related to the collection of information from past Commission decisions and the delivery of such information forming a comprehensive database.
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New legislation
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