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17 February 2023
7/2023

Exceptionally, our next issue will be released
on Monday 27th February
 

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State aid

17/02/2023

Commission approves €460 million Spanish measure to support ArcelorMittal decarbonise its steel production

The European Commission has approved, under EU State aid rules, a €460 million Spanish measure to support ArcelorMittal España (‘ArcelorMittal') in partially decarbonising its steel production processes. The measure will contribute to the achievement of the EU Hydrogen Strategy and the European Green Deal targets, while helping to reduce dependence on Russian fossil fuels and fast forward the green transition in line with the REPowerEU Plan.

 
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17/02/2023

Commission approves €55 million German measure to support ArcelorMittal's green steel demonstration plant

The European Commission has approved, under EU State aid rules, a €55 million German measure to support ArcelorMittal Hamburg GmbH (‘ArcelorMittal') in building a demonstration plant for the production of green steel using renewable hydrogen. The measure will contribute to the achievement of the EU Hydrogen Strategy and the European Green Deal targets, while helping to reduce dependence on Russian fossil fuels and fast forward the green transition in line with the REPowerEU Plan.

 
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16/02/2023

Commission approves up to €1.4 billion French aid measure to compensate Air France for the damage suffered due to the coronavirus pandemic

The European Commission has found a French support measure of up to €1.4 billion in favour of Air France to be in line with EU State aid rules. The measure aims at compensating the airline for the damage suffered between 17 March and 30 June 2020 due to the coronavirus pandemic and the travel restrictions in place to limit the spread of the virus.

 
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15/02/2023

Commission approves €259 million Romanian scheme under Recovery and Resilience Facility to support investments in batteries, photovoltaic cells and panels

The European Commission has approved, under EU State aid rules, a €259 million Romanian scheme, made available in part through the Recovery and Resilience Facility (‘RRF'), to support investments in the production, assembly and recycling of batteries, of photovoltaic cells and of panels. The scheme aims at supporting Romania's regional development and fostering the EU's strategic objectives relating to the green transition.

 
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15/02/2023

Commission approves €170 million Danish scheme to support renewable hydrogen production

The European Commission has approved, under EU State aid rules, a €170 million Danish scheme to support the production of renewable hydrogen through Power-to-X (‘PtX') technologies. The measure aims to contribute to the development of renewable hydrogen in line with the objectives of the EU Hydrogen Strategy and the European Green Deal. The scheme will also contribute to the objectives of the REPowerEU Plan to end dependence on Russian fossil fuels and fast forward the green transition.

 
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13/02/2023

Commission approves €2.08 billion French measure to support offshore wind energy generation

The European Commission has approved, under EU State aid rules, a €2.08 billion French measure to support offshore wind electricity production in France. The measure will contribute to achieving France's energy and environmental targets, as well as the objectives relating to the EU's Offshore Renewable Energy Strategy and the European Green Deal.

 
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Mergers

13/02/2023

Commission opens in-depth investigation into the proposed acquisition of Inmarsat by Viasat

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of Inmarsat by Viasat. The Commission is concerned that the transaction may allow Viasat to reduce competition in the market for the supply of broadband in-flight connectivity (‘IFC') services to commercial airlines.

 
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10/02/2023

Commission clears creation of a joint venture by Deutsche Telekom, Orange, Telefónica and Vodafone

The European Commission has approved unconditionally, under the EU Merger Regulation, the creation of a joint venture by Deutsche Telekom AG Orange SA, Telefónica S.A. and Vodafone Group plc. The Commission concluded that the transaction would raise no competition concerns in the European Economic Area (‘EEA').

 
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Court

16/02/2023

Tráficos Manuel Ferrer

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union on the compatibility of a national procedural rule on the repartition of legal costs in the context of actions for damages with the principle of effectiveness.
In its judgment, the Court also clarified the conditions under which a national court can estimate the harm caused by a cartel, as foreseen by Article 17(1) of Directive 2014/104/EU (‘Damages Directive’).
See also Curia's press release (in PDF format).

 
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Events

17/02/2023

Towards fairer markets in Africa and the EU - Fostering international partnerships in competition policy

You can follow the first Africa-EU Competition Conference : Towards fairer markets in Africa and the EU - Fostering international partnerships in competition policy hosted by the Le Collège d'Europe in Bruges, Belgium via Zoom (Password Africa-EU).

 
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17/02/2023

The Markets for People debate series

DG Competition will hold five debates in mid-sized towns and cities in different parts of Europe between spring 2023 and early 2024.
We are inviting local and national personalities to continue the conversation we started with the Making Markets Work for People conference. We will ask them to debate the ultimate economic and social impact of competition and competition policy on people’s lives The events are highly localised. The five speakers will include a political leader, an independent scholar, a colleague from the national competition authority and representatives from business and civil society or the media.
We will try to involve household names. The goal is extending the reach outside our usual competition audiences. The debates are open to the public onsite and online. They will be broadcast live and on demand.

 
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27/02/2023

The DMA and interoperability between messaging services

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

The DMA and app store related provisions

Workshop of 6 March 2023 onThe 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

Twenty Years of Reg. 1/2003: A (r)evolutionary tale

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
COMP papers nominated for Antitrust Writing Awards 2023

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 N​etwork (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

06/02/2023 - 06/03/2023

Distortive foreign subsidies – procedural rules for assessing them
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

Sustainability agreements in agriculture – consultation on draft guidelines on antitrust exclusion
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

13/01/2023 - 24/02/2023

Survey of Practitioners on the Deterrent Effects of EU Competition Enforcement

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

Provision of Services and Support for Policy Studies and Collection of Information from Past Commission Decisions in the Area of Competition Policy
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

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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ISSN: 2600-2558