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24 November 2023
42/2023

 

Competition Weekly e-news

Cases, Judgments, News

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State aid

24/11/2023

Commission finds assets transfers within Ferrovie dello Stato Group and part of Trenitalia compensation for certain public rail freight transport services in line with State aid rules

The European Commission has concluded that the transfers of certain railway assets between companies of the Italian rail incumbent Ferrovie dello Stato Group (‘FS Group') do not constitute State aid within the meaning of EU rules. The Commission has also found Italy's compensation to Trenitalia for the provision of rail freight transport services in line with EU State aid rules, except for compensation for certain routes, which constitutes incompatible aid. Italy must now recover the incompatible aid, including interest.

 
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24/11/2023

Commission approves amendment to State aid measures supporting resolution of Polish Getin Noble Bank

The European Commission has approved, under EU State aid rules, an amendment to the support measures granted by Poland in the context of the resolution of the Polish Getin Noble Bank S.A.

 
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22/11/2023

Commission approves €5.7 billion Italian State aid scheme under the Recovery and Resilience Facility to support renewable energy communities and self-consumers

The European Commission has approved, under EU State aid rules, a €5.7 billion Italian scheme made available in part through the Recovery and Resilience Facility ('RRF') to support the production and self-consumption of renewable electricity. The scheme contributes to the EU's strategic objectives relating to the European Green Deal.

 
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20/11/2023

Commission adjusts phase-out of certain crisis tools of the State aid Temporary Crisis and Transition Framework

Today, the European Commission has adopted an amendment to the State aid Temporary Crisis and Transition Framework to prolong by six months a limited number of sections of the Framework aimed at providing a crisis response following Russia's aggression against Ukraine and the unprecedented increase in energy prices.

 
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Antitrust

22/11/2023

Commission fines Rabobank €26.6 million over Euro-denominated bonds trading cartel

The European Commission has fined Rabobank €26.6 million for participating in a cartel concerning the trading of certain Euro-denominated bonds, together with Deutsche Bank. Deutsche Bank was not fined as it revealed the cartel to the Commission under the leniency programme.

 
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21/11/2023

Commission carries out unannounced inspections in the online food delivery sector

The European Commission is carrying out unannounced inspections at the premises of companies active in the online ordering and delivery of food, groceries and other consumer goods in two Member States.

 
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Foreign Subsidies Regulation

22/11/2023

Foreign Subsidies Regulation: updated Q&A

The European Commission has updated its Q&A with additional answers to some of the most frequently asked questions on the Foreign Subsidies Regulation (‘FSR’).
The FSR started to apply on 12 July 2023 with the objective of addressing distortions caused by foreign subsidies and ensuring a level playing field for all companies operating in the Single Market. Since 12 October 2023, companies have to notify large concentrations under the FSR to the Commission.
If you are interested to find out more about the FSR, or are seeking further clarification on the topic, do not hesitate to check the updated Q&A page.

 
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Mergers

17/11/2023

Commission sends Adobe Statement of Objections over proposed acquisition of Figma

The European Commission has informed Adobe of its preliminary view that its proposed acquisition of Figma may reduce competition in the global markets for the supply of interactive product design software and of other creative design software.

 
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Court

23/11/2023

Ryanair v Commission

The Commission takes note of today's judgments of the Court of Justice of the European Union, confirming two judgments of the General Court of 17 February 2021. In its judgements, the General Court upheld two 2020 Commission State aid decisions, concerning, respectively, a Swedish aid scheme and a French aid scheme.
- In the first decision, the Commission approved, under EU State aid rules, aid of approximately €455 million in the form of a State guarantee on loans. The aid ensured that airlines, which hold a licence issued by Sweden and which are important to secure connectivity in Sweden, had sufficient liquidity despite the disruptions caused by the coronavirus pandemic. The scheme was approved under the COVID Temporary Framework (TF), in line with Article 107(3)(b) TFEU.
- In its second decision, the Commission approved, under EU State aid rules, aid of approximately €30 million in the form of payment deferrals of taxes. The aid aimed to compensate the beneficiaries for the damage suffered due to the coronavirus pandemic and the related governmental restrictions. The scheme was approved under the COVID TF, in line with Article 107(2)(b) TFEU.
In today’s judgements, the Court of Justice upheld the General Court judgments finding that the Commission was right to conclude that the Swedish scheme complied with the relevant conditions set out in section 3.2 of the COVID TF, and was therefore compatible with the internal market pursuant to Article 107(3)(b) TFEU. The Court of Justice also conclude that the French scheme met all conditions set out in Article 107(2)(b) TFEU and was therefore compatible with the internal market.

 
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23/11/2023

Ryanair and Airport Marketing Services
The Commission takes note of today’s judgment of the Court of Justice of the European Union, dismissing Ryanair’s appeal against a 2021 judgment of the General Court. In its judgment, the General Court rejected Ryanair’s application for annulment of a 2016 State aid Commission decision.
In its decision, the Commission found that several agreements concluded between Klagenfurt airport and Ryanair were incompatible with the internal market.
 
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Events

06/12/2023

TTBER online workshop

In the context of the European Commission’s  evaluation of the competition rules for technology transfer agreements, DG Competition is holding an online workshop in the afternoon of Wednesday 6 December 2023. The aim of the workshop is to gather more information on the functioning of the Technology Transfer Block Exemption Regulation (“TTBER”) and the accompanying Guidelines on technology transfer agreements. The workshop will focus on areas of the rules that have attracted the most comments in the recent call for evidence and public consultation.
For more details on the TTBER, please check this page out.

 
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07/12/2023

Why do we need competition?

The Markets for People debates series continues in Brno, Czechia. You will be able to participate in the event live in Brno and to debate with the speakers who will delve into the essential question of Why do we need Competition? The speakers are Petr Mlsna, Chairman, Office for the Protection of Competition ÚOHS; Pavel Telička, former European Commissioner and MEP; Michala Hergetova, economic reporter and moderator of business events; and Martin Kvizda, Professor, Faculty of Economics and Administration, Masaryk University.
Register now to attend the event in Brno by clicking on this link.

 
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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