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State aid
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07/07/2023
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Commission prolongs the possibility to grant operating aid to certain regional airports
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The European Commission has prolonged the possibility of granting operating aid to certain regional airports under the 2014 Guidelines on State aid to airports and airlines until 4 April 2027. The rest of the Guidelines remains applicable, without further changes.
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07/07/2023
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Commission approves €350 million Spanish scheme under Recovery and Resilience Facility for developing electricity storage facilities
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The European Commission has approved, under EU State aid rules, a €350 million Spanish scheme, made available through the Recovery and Resilience Facility, to support the construction and operation of electricity storage facilities. The measure contributes to achievement of 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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04/07/2023
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Commission opens in-depth investigation into €1 billion Danish and Swedish support measure to recapitalise SAS in context of coronavirus pandemic
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The European Commission has opened an in-depth investigation to assess whether a Danish and Swedish recapitalisation measure of approximately €1 billion (SEK 11 billion) in favour of SAS AB is in line with EU State aid rules. The measure was initially approved on 17 August 2020 by the Commission under the State aid COVID Temporary Framework, but subsequently annulled by the judgment of the General Court of 10 May 2023.
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Mergers
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07/07/2023
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Commission opens in-depth investigation into the proposed acquisition of iRobot by Amazon
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The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of iRobot by Amazon. The Commission is concerned that the transaction would allow Amazon to restrict competition in the market for robot vacuum cleaners and to strengthen its position as online marketplace provider.
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04/07/2023
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Commission clears Advent's acquisition of GfK subject to conditions
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The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of GfK by Advent. The approval is conditional upon full compliance with the commitments offered by Advent.
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Digital Markets Act
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04/07/2023
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Potential gatekeepers notified the Commission and provided relevant information
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Last Monday 3 July 2023 at midnight was the deadline under the Digital Markets Act (DMA) for potential gatekeepers to notify the Commission if they meet the thresholds for gatekeepers established by Article 3 of the DMA.
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Court
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04/07/2023
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Meta Platforms and Others
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The Commission takes note of the judgment of the Court of Justice of the European Union.
In its judgment, the Court clarified that, to the extent necessary to establish an abuse of a dominant position under article 102 TFEU, a national competition authority can take into account whether the investigated conduct complies with rules other than those relating to competition law, such as the General Data Protection Regulation (‘GDPR’). Stressing the importance of accessing and using personal data as a significant parameter of competition in the digital economy, the Court held that the incompatibility of a certain conduct with the GDPR can be an important indicator in finding whether it constitutes an abuse of a dominant position.
At the same time, a national competition authority is required to cooperate sincerely with the authorities monitoring the application of that regulation and to not depart from any decision taken by such authorities in relation to the same or a similar conduct. The competition authority, for example, must consult the authority monitoring the application of the GDPR if it has doubts about the scope of an existing decision of the latter or if similar conduct is being assessed by the latter or when it considers that certain conduct is incompatible with the GDPR, which in turn puts the consulted authority under a duty to reply within a reasonable deadline. The national competition authority remains, however, free to draw its own conclusions from the point of view of the application of competition law.
See also Curia's press release (in PDF format).
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Public consultations
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17/04/2023 - 24/07/2023
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EU competition rules on technology transfer agreements – Evaluation
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The purpose of the evaluation is to gather evidence on the functioning of the Technology Transfer Block Exemption Regulation (‘TTBER’) and the Technology Transfer Guidelines (‘Guidelines’), to help the Commission to decide whether it should let that Regulation expire, prolong its duration or prepare a revised Regulation and related guidelines.
In particular, the online questionnaire seeks specific feedback from stakeholders on the effectiveness, efficiency, relevance, coherence and EU added value of the TTBER and the related Guidelines.
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Open calls for tender
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28/06/2023 - 15/09/2023
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Market Study on Competition in Online Payment Services
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The main objective of the study is to assist the Commission in enforcing competition law in online payments services and to identify tools helping to prevent this market from tipping in the future in favour of Big Tech or incumbents. The study will examine the main online payment methods (various types of mobile wallets, instant payments, cards, payment initiation service providers) and analyse likely scenarios regarding the use of traditional cards for online payments compared to digital wallets and direct bank transfers.
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New legislation
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