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29 September 2023
34/2023

 

Competition Weekly e-news

Cases, Judgments, News

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State aid

29/09/2023

Commission approves modifications to Belgian capacity mechanism

The European Commission has approved, under EU State aid rules, modifications to the Belgian capacity mechanism to safeguard security of electricity supply. The modifications will make the capacity mechanism more cost-efficient in its daily operation. It will also be more environmentally-friendly, with stricter carbon dioxide (CO2) emission limits to better align with the European Green Deal, and will contribute to ending dependence on Russian fossil fuels, under the REPowerEU Plan.

 
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Mergers

25/09/2023

Commission prohibits proposed acquisition of eTraveli by Booking

The European Commission has prohibited, under the EU Merger Regulation, the proposed acquisition of Flugo Group Holdings AB by Booking Holdings. The acquisition would have allowed Booking to strengthen its dominant position on the market for hotel online travel agencies (‘OTAs') in the European Economic Area. Booking did not offer remedies that were sufficient to address these concerns.
See also Remarks by Commissioner Reynders on the Commission decision, as well as COMP Flash - Prohibition of the proposed acquisition of eTraveli by Booking.

 
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Conferences/Speeches

28/09/2023

It’s soon time for DMA compliance

Did you miss the third episode of Let’s Talk Competition on DMA? No problem, you can watch it anytime on DG COMP Youtube channel. A great panel composed by Alberto Bacchiega, Director for Digital Platforms at the DG COMP, Vanessa Turner, Senior Advisor for Competition at the European Consumer Organisation (BEUC), and Inge Graef, Associate Professor of Competition Law at Tilburg University, discussed about the impact of this groundbreaking new EU law for gatekeepers and the way to go until compliance for companies in March 2024.

 
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22/09/2023

EU Competition policy: Plus ça change…

Speech by Director-General Olivier Guersent at the 50th Conference on on International Antitrust Law and Policy,
Fordham University New York, 22 September 2023.
[...] " Of course, we have different legal systems, different enforcement traditions and also different priorities, so 100% alignment is neither realistic nor even desirable – especially not when it comes to the design of instruments themselves. But I believe there is scope for adequate convergence when it comes to outcomes.. [...]"

 
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Court

28/09/2023

Ryanair v Commission

The Commission takes note of today’s judgments of the Court of Justice of the European Union, upholding two 2020 Commission decisions. In its decisions, the Commission approved Danish and Swedish State guarantees to Scandinavian airline SAS, aimed at partly compensating the airline for the damage suffered due to the coronavirus outbreak.
See also Curia's press release (in PDF format).

 
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27/09/2023

Spain v Commission
The Commission takes note of today’s judgements by the General Court, annulling a 2014 Commission decision. In its decision, the Commission found that a new interpretation of a Spanish tax scheme benefiting companies acquiring foreign shareholdings is incompatible with EU State aid rules.
The Commission will carefully study the judgments and reflect on possible next steps. 
See also Curia's press release (in PDF format).
 
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27/09/2023

Valve Corporation v Commission
The Commission takes note of the judgment of the General Court. In its judgment, the Court dismissed Valve’s appeal against a 2021 Commission decision. In its decision, the Commission imposed a fine on Valve for restricting, together with five publishers of PC videogames, cross-border sales of certain PC video games on the basis of the geographical location of users within the European Economic Area, by entering into so called “geo-blocking” practices.
In its judgment, the General Court fully upheld the Commission’s assessment and decision.
The General Court also clarified the rules on the relationship between EU competition law and copyright, confirming the Commission’s position that the latter does not guarantee the copyright holders the opportunity to demand the highest possible remuneration or to engage in conduct such as to lead to artificial price differences between the partitioned national markets in violation of Article 101 TFEU.
See also Curia's press release (in PDF format).
 
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Publications
Competition Merger Brief: focus on sustainability

The latest Merger Brief issue focuses on sustainability related aspects in EU merger control and contains the following articles:

  • EU Green Mergers & Acquisitions Deals – How Merger Control Contributes to a Sustainable Future;
  • Norsk Hydro / Alumetal and KPS Capital Partners / Real Alloy: “Greening” Aluminium
  • Sika / MBCC: Cementing Sustainability - Cutting Carbon through Chemistry

 
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Events

10/10/2023

Unpacking the Foreign Subsidies Regulation

On 10 October 2023 at 13:00, the fourth Let’s Talk Competition conversation will focus on the new tools and investigative powers of the Foreign Subsidies Regulation.
The panel will be composed of three renowned experts:Mr. Eddy De Smijter, DG Competition Head of Unit for the Foreign Subsidies Regulation; Mrs. Merit Olthoff, Partner for Antitrust, Competition and Trade at Freshfields Bruckhaus Deringer; Mr. Yves-Emmanuel Bara, Deputy Head of Economic, Commercial and Financial Services at the French Permanent Representation to the EU.
Mr. Javier Espinoza, Financial Times EU Correspondent, will moderate the debate.

 
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12/10/2023

Evaluation of Regulation 1/2003: an interactive workshop

The European Commission is currently evaluating Regulations 1/2003 and 773/2004, which form the framework for the enforcement of Articles 101 and 102 TFEU. In this context, DG Competition is organising a specialised  interactive workshop to gather stakeholder views on the effectiveness, efficiency, relevance, coherence and EU added value of this enforcement framework.

The workshop will take place in Brussels on Thursday, 12 October 2023, from 9:00 until 17:30.

 
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20/10/2023

Markets for People: Third debate in Salamanca, Spain

After the first two episodes in Italy and Austria, DG Competition continues its effort to bring the competition policy debated around the Union to five mid-sized cities in five different EU countries. We are happy to announce that the third debate titled How can we make markets fairer? will be held in Salamanca, Spain, on 20 October 2023.
You can register at this following link.

 
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Open calls for tender

28/06/2023 - 29/09/2023

Market Study on Competition in Online Payment Services

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 - 16/10/2023

Framework Contract for the Provision of Expert Consultancy Services and Studies in the Context of Investigations and Enforcement Related to Foreign Subsidies
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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15/09/2023 - 17/10/2023

Study on Mobile Ecosystems (Technical and Security Issues)
The aim of the study is to support the supervision and enforcement of the DMA vis-à-vis the gatekeepers. This is one of the points and issues that is expected to be raised by the designated gatekeepers, in particular ones that are running a closed mobile ecosystem.
 
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New legislation

Other relevant information:

Latest Commission Decisions

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