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State aid
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Antitrust
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07/03/2023
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Commission confirms unannounced inspections in the fragrance sector
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On 7 March 2023, the European Commission carried out unannounced inspections at the premises of companies and an association active in the fragrance industry in various Member States. In parallel, the Commission has sent out formal requests for information to several companies active in the same sector.
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Court
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09/03/2023
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Les Mousquetaires and ITM Entreprises v Commission
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The Commission takes note of the judgments of the Court of Justice of the European Union that annul 2017 Commission decisions ordering unannounced inspections at the premises of Casino, Intermarché and their retail alliance INCAA. These unannounced inspections were carried out as part of the Commission’s ex officio investigation into possible collusion between retailers.
The Commission will carefully study the judgments and reflect on possible next steps.
See also:
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08/03/2023
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Campine and Campine Recycling v Commission
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The Commission takes note of the judgment of the General Court. In its judgment, the General Court upheld Campine’s claims (i) for compensation for the damage suffered as a result of the failure of the Commission to pay the default interest on the amount of the fine provisionally paid by the company and subsequently deemed undue by the General Court in 2019; and (ii) for the payment of default interest on that compensation.
We will carefully study the judgment and reflect on possible next steps.
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Conferences/Speeches
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06/03/2023
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Foreign Subsidies - a piece in the geopolitical puzzle
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Keynote delivered by EVP Vestager for the Concurrences Conference on the Foreign Subsidies Regulation,
Brussels, 6 March 2023.
[...] "The role of the Foreign Subsidies Regulation is therefore to ensure fairness across the board: fairness vis-à-vis foreign subsidies, in a legal system consistent with the rule that we impose on ourselves under the State aid rules. Fairness is also imbedded in the new rules, in the form of a constructive balancing test that will secure duly justified subsidies [...]"
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Events
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20/04/2023
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Markets for People: First debate in Modena, Italy
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The Directorate-General for Competition is pleased to announce the first debate in the Markets for People series. It will take place at Fondazione San Carlo in Modena, Italy on 20 April, 2023. The title is Markets for People: La concorrenza e le sue regole al servizio della società [How competition and its rules can serve the people].
The Markets for People debate series is designed to clear the ground for an open and fact-based discussion on the economic and social implications of competition and its rules, and their impact on the daily lives of all citizens.
All debates – including Modena’s – are organized in close collaboration with national competition authorities, the European Commission Representations in EU countries, and local Europe Direct centers. The objective is to encourage local and national participation and address topics that resonate with the public opinion.
The debates are open to the public. You can also follow them live or on demand via the series’ portal.
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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 - 10/03/2023
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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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