Competition Weekly e-news

The European Commission has published a report providing an overview of the enforcement of EU antitrust and merger rules by the Commission and the national competition authorities (‘NCAs') in the pharmaceutical sector between 2018 and 2022. Today's report shows that active enforcement of antitrust and merger rules continues to play an important role in delivering European patients' access to a wider choice of affordable and innovative medicines. In particular, it helped to achieve this goal during the challenging period of the coronavirus pandemic.

The European Commission's Directorate-General for Competition has issued practical guidance for Member States to assess whether or not public measures to facilitate certain companies' access to finance, constitute State aid.
In its Notice on the notion of State aid (‘Notice'), the Commission clarifies that, if a Member State intervenes as a private investor would do, and is remunerated for the risk assumed in a way a private investor would accept under market conditions, such an intervention can be considered free of State aid. This is the so-called market economy operator principle (‘MEOP'), which has been developed by the Court of Justice of the European Union.

The European Commission has informed Norwegian salmon producers Cermaq, Grieg Seafood, Bremnes, Lerøy, Mowi and SalMar of its preliminary view that they breached EU antitrust rules by colluding to distort competition in the market for spot sales of Norwegian farmed Atlantic salmon in the EU.

Here is Maria Jaspers, Director for Cartels enforcement in DG Competition, drawing an overview of DG COMP's work and plan to stays vigilant and up-to-date in its fight against cartels at a Cartels Workshop, January 2024 in Brussels.

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of sole control of Air Europa Holding, S.L. (‘Air Europa') by International Consolidated Airlines Group, S.A. (‘IAG'). The Commission has preliminary concerns that the transaction may reduce competition in the market for passenger air transport services on several domestic, short-haul and long-haul routes in and out of Spain.

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of joint control of ITA Airways (‘ITA') by Deutsche Lufthansa AG (‘Lufthansa”') and the Italian Ministry of Economy and Finance (‘MEF'). The Commission has preliminary concerns that the transaction may reduce competition in the market for passenger air transport services on several short-haul and long-haul routes in and out of Italy.

The fifth Let’s Talk Competition conversation will take place on 30 January 2024 (CET) and will focus on how State aid is being impacted by the revival of industrial policy goals.
Participants will include Ben Smulders, DG COMP Deputy Directorate-General for State aid policy, Stéphanie Yon-Courtin, Member of the European Parliament and rapporteur of the Competition policy report 2023, and Adina Claici, Managing Director at the Berkeley Research Group. The debate will be moderated by Nicholas Hirst, MLex chief correspondent for EU competition policy.
The show will be webcasted live from the Commission’s studios in Brussels on 30 January from 13:00 to 14:00 and will allow for interaction with the online audience. You can access the livestream via DG COMP website or DG COMP YouTube channel. You will be able to participate via Slido too!