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Competition
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21/12/2023
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2023 : our year at a glance
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What a year! Here at DG Competition we have had a very busy 2023. For ease of reference, we have put it all into one infographic.
Now, let's see what 2024 has in store for us!
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State aid
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21/12/2023
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Commission approves €1.3 billion French State aid scheme to support non-fossil technologies to ensure electricity supply matches demand
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The European Commission has approved, under EU State aid rules, a €1.3 billion French scheme to support the development of non-fossil flexibility technologies to ensure that the electricity supply matches demand during times of peak consumption. The measure contributes to the security of electricity supply and the decarbonisation of the economy, in line with the EU's strategic objectives relating to the European Green Deal.
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21/12/2023
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Commission approves €17.7 billion Italian State aid scheme to support development of centralised electricity storage system
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The European Commission has approved, under EU State aid rules a €17.7 billion Italian scheme to support the construction and operation of a centralised electricity storage system. The measure contributes to the achievement of the objectives of the European Green Deal and 'Fit for 55' package, by enabling the integration of renewable energy sources in the Italian electricity system.
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19/12/2023
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Commission approves €2.6 billion German State aid measure to support Stahl-Holding-Saar decarbonise its steel production through hydrogen use
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The European Commission has approved, under EU State aid rules, a €2.6 billion German measure to support SHS Stahl-Holding-Saar GmbH & Co KGaA (‘SHS') in partly decarbonising its steel production processes in Saarland. The measure will contribute to the achievement of the EU Hydrogen Strategy, the European Green Deal and the Green Deal Industrial Plan, while helping to end dependence on Russian fossil fuels and fast forward the green transition, in line with the REPowerEU Plan.
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Mergers
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18/12/2023
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Statement by Executive Vice-President Vestager on announcement by Adobe to abandon the acquisition of Figma
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The Commission takes note of Adobe's and Figma's decision to terminate their agreement according to which Adobe intended to acquire sole control over Figma. This marks the end of the Commission's investigation into this transaction.
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Court
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21/12/2023
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European Superleague Company
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The Commission takes note of today’s judgment of the Court of Justice of the EU finding that certain rules and conduct of FIFA and UEFA regarding the prior approval of new football competitions and restrictions concerning the exclusive marketing of the rights for competitions organised by FIFA and UEFA are incompatible with EU competition law and the freedom to provide services.
The Court of Justice rules that the set of rules invoked by FIFA and UEFA to prevent a new independent football competition called ‘European Super League’ lacked the necessary framework to ensure that they are transparent, objective, non-discriminatory and proportionate. It also clarifies that Article 165 TFEU cannot be regarded as exempting sport from all or some of the other provisions of primary EU law such as competition law and freedom of movement provisions.
The Court of Justice establishes that the power of a sports federation such as FIFA or UEFA, holding a dominant position, to determine the conditions for access to the market by applying certain rules and related sanctions in an arbitrary manner, without a framework of substantive criteria which are transparent, clear and precise, may infringe competition law. In particular, such rules and sanctions may, by their very nature, infringe Article 102 TFEU and constitute a restriction of competition ‘by object’ within the meaning of Article 101(1) TFEU. The same applies to restrictions concerning the exclusive marketing of the rights related to the competitions organised by FIFA and UEFA itself.
Under those circumstances, the Court of Justice considers that the system of prior authorisation for new football competitions could not be regarded as inherent in, and proportionate for, achieving legitimate objectives related to questions of interest solely to sport, in particular the open, meritocratic nature of the competitions concerned, and ensuring a certain form of ‘solidarity redistribution’ within football.
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21/12/2023
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International Skating Union v Commission
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The Commission takes note of the judgment of the European Court of Justice that dismisses the appeal of the International Skating Union (ISU) against the General Court’s judgment upholding the Decision of the Commission of 8 December 2017. In its Decision the Commission found that the International Skating Union’s (ISU) Eligibility Rules restricted competition, as they limited athletes’ commercial freedom to participate in international speed skating events by organisers other than the ISU and its members and prevented potential competitors from organising and commercially exploiting such events.
The Court of Justice confirmed that the organisation of sporting competitions constitutes an economic activity that must comply with competition rules. Sports federations may adopt and ensure compliance with rules relating to the organisation of competitions, provided that such rules are transparent, objective, non-discriminatory and proportionate. Otherwise, such rules may exclude competitors and restrict the organisation of new competitions, preventing athletes from participating in those competitions and audiences from watching them.
See also Curia's press release (in PDF format).
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21/12/2023
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Royal Antwerp Football Club
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The Commission takes note of the judgment of the Court of Justice of the EU relating to the so-called ‘home-grown player’ rules (‘HGP’ rules) of the Union of European Football Associations (‘UEFA’) and the Royal Belgian Football Association (‘URBSFA’).
The Court confirms that the HGP rules could be contrary to EU law. These rules require football clubs that participate in their competitions to list a mandatory number of players trained by the club or in the national football association to which the club belongs.
The Court clarifies the relevant assessment framework under EU law and leaves it to the referring national court to make the final assessment on whether the HGP rules would constitute a restriction of competition prohibited by Article 101 TFEU and/or a restriction on the free movement of football players prohibited by Article 45 TFEU.
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21/12/2023
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United Parcel Service v Commission
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The Commission takes note of today’s judgment of the Court of Justice dismissing UPS’s claims for damages, thereby confirming the Commission’s position. The Court of Justice upheld the judgment of the General Court that UPS had failed to show liability in damages on the part of the European Union. In particular, UPS did not establish causation between the breach of its procedural rights related to the non-communication of the econometric model during the administrative procedure (see Case C-265/17P) and the damages allegedly suffered.
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21/12/2023
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DOBELES AUTOBUSU PARKS and Others
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The Commission takes note of the judgment of the Court of Justice in which it clarifies the scope of the obligations that competent authorities must respect when they compensate SGEI providers in the sector of land transport.
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20/12/2023
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EVH v Commission
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The Commission takes note of today’s judgment of the General Court which upheld the 2019 Commission's decision approving, under the EU Merger Regulation, the acquisition of Innogy by E.ON.
In its judgment, the General Court upheld the Commission’s assessment. Notably, the General Court considered that the applicants did not demonstrate that the Commission would have made a manifest error of judgement with respect to the product and geographic market definitions, or with respect to the competitive assessment.
Furthermore, the General Court found that the analytical framework applied by the Commission was sufficiently and adequately explained.
The General Court confirmed that the Commission respected all procedural rights of the appellants.
See also Curia's press release (in PDF format).
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20/12/2023
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Autorità di sistema portuale del Mar Ligure occidentale and Others v Commission
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The Commission takes note of today's judgment of the General Court largely upholding but partially annulling a 2020 State aid Commission decision. In its decision, the Commission concluded that Italy granted selective tax advantages to the Italian port authorities by exempting them from corporate tax when performing economic activities.
Today's judgment of the General Court gives guidance on the application of State aid rules in the area of taxation of port authorities’ economic activities. In particular, the General Court confirms the Commission’s position that Italy needed to align its corporate taxation of port authorities with the rules applicable to other companies performing economic activities. Today’s judgment is in that regard in line with previous judgments in the Dutch, French, Belgian and Spanish ports cases.
The General Court however partially annuls the decision to the extent the Commission failed to demonstrate that when Italian port authorities award authorizations for certain port activities carried out by private operators, such authorisations qualified as economic activities.
The Commission will carefully study the judgment and reflect on possible next steps.
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20/12/2023
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Ryanair and Malta Air v Commission
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The Commission takes note of today’s judgments of the General Court, annulling two Commission decisions approving French aid to Air France and Air France-KLM.
In its 2020 decision, the Commission approved, under the State aid COVID Temporary Framework, a €7 billion French aid measure consisting of a State guarantee on loans and a shareholder loan to Air France to provide urgent liquidity to the company in the context of the coronavirus outbreak.
In its 2021 decision, the Commission approved, under the State aid COVID Temporary Framework, a €4 billion French aid measure consisting of a recapitalisation of Air France.
The Commission will carefully study the judgments and reflect on the possible next steps.
See also the Court's judgment in Ryanair and Malta Air v Commission (Air France ; COVID-19) .
See also Curia's press release (in PDF format).
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20/12/2023
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Banca Popolare di Bari v Commission
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The Commission takes note of today’s judgment of the General Court dismissing the damages claim by Banca Popolare di Bari, the buyer of Banca Tercas, in relation to the 2015 Commission State aid decision concerning measures in favour of Banca Tercas.
The General Court rejected the claim for damages as it found that the conditions relating to the existence of a sufficiently serious breach of EU law and the existence of a causal link between the Commission’s conduct and any damage allegedly suffered by the applicant were not met.
The General Court affirmed that the error committed by the Commission was not alien to the normal, prudent and diligent conduct of an institution responsible for monitoring the application of competition rules. In addition, the conduct of the Commission was not the direct and decisive cause of the damage allegedly suffered by the applicant.
See also Curia's press release (in PDF format).
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Publications
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New issue of Competition Merger Brief
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The third issue of 2023 includes the following articles: Parker/Meggitt – Applying the brakes on a merger for a safe landing; Orange/VOO/Brutélé - Replacing one access-seeker by another; MOL/OMV Slovenija – Fuel it first; Vivendi/Lagardère – Headlines on competition in books and magazines in France; Advent/Gfk - A well-researched structural fix for conglomerate issues.
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Open calls for tender
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28/11/2023 - 06/03/2024
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Training of national judges in EU competition law and judicial cooperation between national competition law judges
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The objective of this call for proposals is to co-finance projects aiming to train national judges in the context of enforcing European competition rules. This includes public and private enforcement of both the Antitrust rules and the State aid rules, thereby increasing the knowledge and know-how of national judges. The final aim is to ensure a coherent and consistent application of EU competition law by national courts.
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New legislation
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