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17 March 2023
11/2023

 

Competition Weekly e-news

Cases, Judgments, News

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State aid

16/03/2023

Commission approves €650 million Slovenian scheme to support companies facing increased energy costs in context of Russia's war against Ukraine

The European Commission has approved a €650 million Slovenian scheme to support companies facing increased energy costs in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies. The new Framework amends and prolongs in part the Temporary Crisis Framework, adopted on 23 March 2022 to enable Member States to support the economy in the context of the current geopolitical crisis, already amended on 20 July 2022 and on 28 October 2022.

 
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Mergers

14/03/2023

Commission clears acquisition of Borealis NITRO by AGROFERT

The European Commission has approved unconditionally, under the EU Merger Regulation, the acquisition of the nitrogen business of Borealis AG (‘Borealis NITRO') by AGROFERT Group. The Commission concluded that the transaction would raise no competition concerns in the European Economic Area.

 
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Court

16/03/2023

Towercast

The Commission takes note of the judgment of the Court of Justice of the European Union in the Towercast case (C-449/21).
The judgment confirms that it is possible for a national competition authority to find that a concentration by a dominant undertaking constitutes an abuse of a dominant position under Article 102 the Treaty on the Functioning of the EU where that concentration has not been the subject of ex ante merger control, at either EU or national level.
See also Curia's press release (in PDF format).

 
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16/03/2023

American Airlines v Commission
The Commission takes note of the judgment of the Court of justice of the European Union upholding a 2020 judgment of the General Court. In its judgment, the General Court dismissed American Airlines’ action for annulment of a 2018 Commission decision. In its 2018 decision, the Commission awarded ‘Grandfathering rights’ (granting ownership of a slot on a permanent basis) to Delta Air Lines, pursuant to the commitments provided by American Airlines and US Airways to enable the Commission to declare their merger compatible with the internal market in 2013.
In its judgment, the Court fully upheld the Commission’s assessment and decision.
 
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Events

20/04/2023

Registrations are open for the first episode of DG COMP Markets for People debate series

DG Competition will go on the road and hold five debates in mid-sized towns and cities in different parts of Europe between spring 2023 and early 2024.
This debates 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.
First step is Modena, Italy on 20 April 2023 and it will be devoted to How competition and its rules can serve the people.

 
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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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Public consultations

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

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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16/03/2023 - 17/05/2023

Study on the Guarantee Notice
The study will focus on three areas:(i) characteristics of guarantee measures and identification of existing types of methodologies based on data collection on past/present measures;(ii) development of benchmark methodologies based on the literature review on pricing of guarantees; and (iii) quantitative and qualitative assessment of the effectiveness, efficiency and coherence of the guarantee notice by analysing the information on existing pricing methodologies put in place by the Member States and the developed benchmark methodologies.The study will serve as evidence for the evaluation of the guarantee notice since its entry into force in 2008, in line with the Commission’s Better Regulation principles.
 
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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