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Antitrust
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14/07/2023
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Commission decides to refer ESTONIA to the Court of Justice of the European Union for failing to transpose ECN+ Directive
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The Commission decided to refer Estonia to the Court of Justice of the European Union for failing to fully transpose the ECN+ Directive (Directive (EU) 2019/1) into national legislation.
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14/07/2023
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Whistleblower tool
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Did you know that you can help keep prices low and innovation high in our EU single market? Well, you can! If you are aware of any potential violations of the EU competition rules, contact us in confidence through our dedicated Whistleblower website. You can play your part in ensuring that companies and consumers enjoy the benefits of fair competition on markets that work for people.
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Mergers
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12/07/2023
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Commission clears acquisition of VMware by Broadcom, subject to conditions
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The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of VMware by Broadcom. The approval is conditional upon full compliance with the commitments offered by Broadcom.
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12/07/2023
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Commission fines Illumina and GRAIL for implementing their acquisition without prior merger control approval
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The European Commission has fined Illumina and GRAIL approximately €432 million and €1,000 respectively, for implementing their proposed merger before approval by the Commission, in breach of EU merger control rules.
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State aid
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10/07/2023
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Commission approves modification of Dutch scheme to reduce greenhouse gas emissions
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Foreign Subsidies Regulation
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10/07/2023
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Commission adopts rules for implementing the Foreign Subsidies Regulation
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The European Commission has adopted today the rules for implementing the Foreign Subsidies Regulation (‘FSR'). The Implementing Regulation details procedural aspects of the implementation of the FSR. It also contains notification forms for concentrations involving foreign financial contributions and for foreign financial contributions in public procurement procedures.
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Inside COMP
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11/07/2023
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Appointment of new Chief Competition Economist
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The European Commission has appointed Fiona Scott Morton as Chief Competition Economist at the Directorate-General for Competition (DG COMP). This Commission department works to ensure that all companies compete equally and fairly on their merits within the single market, to the benefit of consumers, businesses and the European economy as a whole. She will take up her duties on 1 September 2023.
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Court
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13/07/2023
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Commission v CK Telecoms UK Investments
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Today’s judgment is the first time after the entry into force of the 2004 EU Merger Regulation that the Court of Justice of the EU rules on the legal test for the review of mergers that do not result in the creation or strengthening of a dominant position.
The Commission takes note of today’s judgment setting aside the General Court judgment of 2020, which annulled the Commission decision to prohibit Hutchison’s proposed acquisition of O2 UK in 2016.
In its judgment, the Court of Justice confirms the Commission's interpretation of the legal test for the finding of a significant impediment to effective competition in cases where the undertaking resulting from the merger would not acquire or strengthen a dominant position – so-called “gap cases”.
The Court also gives some important clarifications on the standard of proof the Commission has to meet when assessing a merger. It is of utmost importance for the Commission’s work to face the same standard of proof when clearing and when prohibiting a transaction. Moreover, the Court clarified the application of the Commission’s Horizontal Guidelines to review mergers, as well as the Commission’s approach to efficiencies brought by mergers.
The Court’s guidance on the interpretation of the EU Merger Regulation will be important for many other ongoing and future cases. The Commission will therefore carefully study today’s judgment.
The Commission will continue to actively engage in the continued proceedings before the General Court.
See also Curia's press release (in PDF format), as well as statement by EVP Margrethe Vestager.
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13/07/2023
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Grupa Azoty and Others v Commission
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The Commission takes note of today’s judgment of the Court of Justice of the European Union, dismissing two appeals against a 2021 order of the General Court. In its order, the General Court dismissed as inadmissible actions for annulment of the Guidelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post-2021 (‘ETS State aid Guidelines'), in particular its Annex I which lists those sectors that are most at risk of carbon leakage due to high indirect emission costs and to their strong exposure to international trade and are therefore eligible for aid under the Guidelines. In particular, the General Court noted the lack of direct concern of the applicants, finding that they could only be directly affected by a Commission decision in relation to them, while further noting that a Member State may still in any case notify an aid scheme directly under Article 107(3)(c) TFEU where the criteria of the ETS Guidelines are not fully met.
In today’s judgment, the Court of Justice upheld the General Court’s findings on inadmissibility. In particular, the Court of Justice found that the ETS State aid Guidelines do not constitute a challengeable measure, and that the Guidelines do not satisfy the requirement of direct concern, as the Guidelines do not have a legal effect on third parties.
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13/07/2023
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Nichicon Corporation v Commission
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The Commission takes note of the judgments of the Court of Justice of the European Union dismissing two appeals against the 2021 judgments of the General Court, which fully upheld a 2018 Commission decision. In its decision, the Commission imposed a total fine of €254 million on nine producers of capacitors for participating in a cartel.
See also Nippon Chemi-Con Corporation v Commission.
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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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11/07/2023 - 25/09/2023
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Framework Contract for the Provision of Expert Consultancy Services and Studies in the Context of Investigations and Enforcement Related to Foreign Subsidies
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External expertise is sought to support DG Competition’s enforcement of the Foreign Subsidies Regulation in order to receive detailed reports on the impact of subsidies in given sectors, on the benefits of financial contributions, on the distortions caused by foreign subsidies, and on any potentially positive effects of foreign subsidies.The purpose of this call for tenders is to conclude multiple framework contracts with up to four contractors per lot in order to provide the contracting authority with the provision of services.
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New legislation
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