Revision of the Guidelines on State aid to promote risk finance investments (21/05/2021)
The evaluation of the Risk Finance Guidelines as part of the State aid Fitness Check found that the current provisions are overall fit for purpose, and remain needed. At the same time, the evaluation also showed the need to further simplify and clarify the rules.
This adopted act is open for feedback for a minimum period of 8 weeks. All feedback received will be summarised by the European Commission and presented to the European Parliament and Council with the aim of feeding into the legislative debate. Feedback received will be published on this site and therefore must adhere to the feedback rules.
Revision of certain procedural aspects of EU merger control (26/03/2021)
The initiative aims to improve the EU merger control procedures, without impairing effective enforcement. The goal is to make EU merger control more efficient and less burdensome in cases that are unlikely to raise competition concerns and to allow the Commission to devote more resources to those cases where a detailed investigation is required. To this aim, the initiative will explore options to further simplify the process in both simplified and, where possible, non-simplified merger cases.
Revision of the Short-term export-credit insurance Communication: Roadmap feedback (26/05/2021)
The short-term export-credit insurance Communication, set to expire on 31 December 2021, has been evaluated in the context of the recent State aid fitness check.
Consultation on a draft regulation amending the Agriculture and Fishery De minimis regulations (28/05/2021)
The present consultation is launched in the context of the need to adapt the de minimis regulations in the agricultural and fishery sectors to reflect the provisions of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and its Protocol on Ireland/Northern Ireland.
Commission approves €800 million Italian scheme to support companies in context of coronavirus outbreak, as well as development and production of coronavirus-relevant products (08/06/2021)
The European Commission has approved a €800 million Italian scheme to support companies affected by the coronavirus outbreak, active in Italy under “Development Contracts” for the implementation of priority projects. The scheme was approved under several sections of the State aid Temporary Framework.
Commission invites interested parties to provide comments on proposed draft Climate, Energy and Environmental State aid Guidelines (07/06/2021)
The European Commission has launched today a targeted public consultation inviting all interested parties to comment on the proposed revision of the Guidelines on State aid for environmental protection and energy (“Energy and Environmental State aid guidelines” or “EEAG”). To cater for the increased importance of climate protection, the revised guidelines will go under the name of Climate, Energy and Environmental State aid guidelines (“CEEAG”). The proposed Guidelines also include compatibility rules for flagship areas like clean mobility infrastructure and biodiversity, as well as resource efficiency to support the transition towards a circular economy. Interested parties can respond to the consultation for eight weeks, until 2 August 2021.
Public consultation on the revised Climate, Energy and Environmental Aid Guidelines (CEEAG) (07/06/2021)
The two main drivers of the revision are an enlargement of the scope of the Guidelines to new areas and all technologies that can deliver the Green Deal and a flexibilisation of compatibility rules. See also the corresponding EC press release.
Commission publishes initial findings of consumer Internet of Things sector inquiry (09/06/2021)
The European Commission has published today the preliminary results of its competition sector inquiry into markets for consumer Internet of Things (IoT) related products and services in the European Union. The Preliminary Report confirms the rapid growth of these markets, but also identifies potential concerns put forward by the respondents to the sector inquiry. See also:
The Commission takes note of the judgment of the General Court which annulled the 2018 Commission State aid decision finding that the non-charging of VAT and the non-imposition of fines for not charging the deposit on certain drinks packaging sold by German border shops to Danish residents does not constitute State aid. The Commission will carefully study the judgment. See also Court's press release
Ryanair v Commission (Condor; Covid-19) (09/06/2021)
The Commission takes note of the General Court’s judgment today, annulling the Commission’s State aid decision approving damage compensation to German airline Condor. At the same time, the General Court decided to suspend the effects of the annulment of the contested decision pending the adoption of a new decision by the Commission. The Commission will carefully study the judgment and reflect on next steps. See also Court's press release
Commission confirms that Spain needs to recover incompatible aid from certain digital terrestrial operators (10/06/2021)
The Commission has concluded that the aid received by terrestrial operators for the digitisation and extension of the terrestrial television network in remote areas of Spain was against EU State aid rules. Following the annulment of a 2013 Commission decision, the additional investigation has confirmed that, between 2005 and 2008, the operators of terrestrial platforms received an incompatible selective advantage over their competitors using other technologies, in breach of the principle of technological neutrality. Spain now has to recover the incompatible aid.
Horizontal agreements between companies – revision of EU competition rules : Roadmap open (07/06/2021)
This initiative will revise:
the rules exempting R&D and specialisation agreements from aspects of EU competition law
Commission approves €10 billion German scheme to compensate companies for damages suffered due to coronavirus outbreak (28/05/2021)
The European Commission has found a €10 billion German scheme to compensate companies for damages related to the coronavirus outbreak to be in line with EU State aid rules.
Commission approves €800 million Greek scheme to support tourism sector in context of coronavirus outbreak (01/06/2021)
The European Commission has approved, under EU State aid rules, a €800 million Greek scheme to support companies active in tourism affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.
Commission approves German support for cogenerated electricity (03/06/2021)
The European Commission has approved, under EU State aid rules, the prolongation and modification of an existing German scheme to support the production of electricity from new, modernised and retrofitted highly efficient cogeneration (‘CHP') plants (except coal and lignite-fired CHP). The scheme (‘Kraft-Wärme-Kopplungsgesetz' – ‘KWKG 2020'), which is approved until 2026, will further promote energy efficiency, lead to a better integration of cogenerated power into the German electricity market and lower CO2 emissions, without unduly distorting competition.
Commission opens investigation into possible anticompetitive conduct of Facebook (04/06/2021)
The European Commission has opened a formal antitrust investigation to assess whether Facebook violated EU competition rules by using advertising data gathered in particular from advertisers in order to compete with them in markets where Facebook is active such as classified ads. The formal investigation will also assess whether Facebook ties its online classified ads service “Facebook Marketplace” to its social network, in breach of EU competition rules.
Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v Commission (02/06/2021)
The Commission takes note of today’s judgment by the General Court, which upheld a Commission State aid decision from 2017. In particular, the Court confirmed the Commission’s conclusions included in the 2017 decision that the Italian health care system (SSN) was not economic in nature and that the public support to public hospitals operating under the SSN did thus not constitute State aid within the meaning of EU law.
Recylex and Others v Commission (03/06/2021)
The Commission takes note of today´s Court of Justice judgment concerning the appeal of Recylex SA against the judgment of the General Court of 23 May 2019 on the Commission decision in the Car battery recycling cartel. In today’s judgment, the Court of Justice entirely upheld the judgment of the General Court and dismissed the appeal.
Commission approves €2.1 billion German scheme to support roll-out of infrastructure for high speed mobile communication services in underserved areas in Germany (25/05/2021)
The European Commission has approved, under EU State aid rules, a €2.1 billion German aid scheme to support the deployment, operation, and granting of access to high performance mobile infrastructure in areas served only with 2G networks and below.
Review of the Communication on the Framework for State aid for research and development and innovation (08/04/2021)
The evaluation of the Communication on the Framework for State aid for research and development and innovation (R&D&I) in the context of the Fitness Check of State aid rules showed that the current provisions are effective and facilitate investment in the field of R&D&I at both European and national levels. However, some targeted adjustments remain necessary to reflect current regulatory, economic and technological developments. New current Commission strategic priorities need also to be taken into account, such as the Industrial and Digital Strategy and the European Green Deal.
See also EC press release.
Collective bargaining agreements for self-employed – scope of application EU competition rules (05/03/2021)
This initiative aims to define EU competition law’s scope of application, to enable an improvement of working conditions through collective bargaining agreements – not only for employees, but also, under some circumstances, for the solo self-employed.
Commission approves modification of existing German scheme to support rail freight operators and mitigate effects of coronavirus outbreak on the sector (21/05/2021)
The European Commission has approved, under EU State aid rules, the modification of an existing German aid scheme to support rail freight operators in Germany by partially compensating track access charges. The amended scheme, which includes a budget increase and a further reduction of the track access charges due by rail freight operators, will contribute to reducing road congestion and CO2 emissions. At the same time, it will mitigate the effects of the coronavirus outbreak on the German rail freight sector.
Commission publishes findings of evaluation on the Motor Vehicle Block Exemption Regulation (28/05/2021)
The European Commission has published today the Evaluation Report and Staff Working Document summarising the findings of its evaluation of the Motor Vehicle Block Exemption Regulation.
Commission approves €400 million Danish aid scheme to support production of electricity from renewable energy sources (22/04/1999)
4/05/2021. The European Commission has approved, under EU State aid rules, a Danish aid scheme to support electricity production from renewable sources. The measure will help Denmark reach its renewable energy targets without unduly distorting competition and will contribute to the European objective of achieving climate neutrality by 2050.
Commission fines Sigma-Aldrich €7.5 million for providing misleading information during Merck takeover investigation (22/04/1999)
3/05/2021. The European Commission has fined Sigma-Aldrich €7.5 million for providing incorrect or misleading information during the Commission's investigation under the EU Merger Regulation of Merck's acquisition of Sigma-Aldrich.
Commission approves €12 million coronavirus damage compensation and €255.5 million of liquidity support to SATA Air Açores and Azores Airlines in Portugal; extends ongoing in-depth investigation to planned restructuring aid (22/04/1999)
30/04/2021. The European Commission has approved €12 million in Portuguese support in favour of SATA Air Açores - Sociedade Açoriana de Transportes Aéreos S.A. (‘SATA Air Açores') as compensation due to damages suffered as a direct result of travel restrictions imposed due to the coronavirus outbreak. Furthermore, it approved up to €255.5 million additional liquidity support to SATA Air Açores. At the same time, the Commission has extended the ongoing in-depth investigation into other support measures to assess whether Portugal's planned restructuring support measures in favour of SATA are in line with EU rules on State aid to companies in difficulty.
Commission sends Statement of Objections to Apple on App Store rules for music streaming providers (22/04/1999)
30/04/2021. The European Commission has informed Apple of its preliminary view that it distorted competition in the music streaming market as it abused its dominant position for the distribution of music streaming apps through its App Store. The Commission takes issue with the mandatory use of Apple's own in-app purchase mechanism imposed on music streaming app developers to distribute their apps via Apple's App Store. The Commission is also concerned that Apple applies certain restrictions on app developers preventing them from informing iPhone and iPad users of alternative, cheaper purchasing possibilities.
See also Statement by Executive Vice-President Margrethe Vestager.
Commission approves prolongation and modification of German scheme to support electricity production from renewable energy sources (22/04/1999)
29/04/2021. The European Commission has approved, under EU State aid rules, the prolongation and modification of a German scheme to support the production of electricity from renewable energy sources and from mine gas, as well as reductions of charges to fund support for electricity from renewable sources. The reduction of charges will be available to (i) energy-intensive companies and (ii) shore-side electricity supply to ships while at berth in ports. The scheme is part of the German Renewable Energy Act (“Erneuerbare Energien Gesetz” - ‘EEG 2021'). The scheme will help Germany reach its renewable energy targets without unduly distorting competition and will contribute to the EU objective of achieving climate neutrality by 2050. Payments under the scheme for 2021 have been estimated to amount to around €33.1 billion.
Commission approves €2.5 million compensation to Slovenian Press Agency STA for its public service (22/04/1999)
29/04/2021. The European Commission has approved, under EU State aid rules, a €2.5 million compensation granted by Slovenia to the Slovenian Press Agency STA to fulfil its public service mission. The public funding will contribute to the independent news provision to the Slovenian public without unduly distorting competition in the Single Market.
The first-ever financial programme to boost the Single Market is ready to kick-off (22/04/1999)
28/04/2021. Today, the Commission welcomes the adoption of the first Single Market Programme by the co-legislators. With €4.2 billion over the period of 2021-2027, the Programme provides an integrated package to support and strengthen the governance of the Single Market, including for financial services. The COVID-19 pandemic has shown the importance of a well-functioning Single Market for the resilience of our economy. This Programme provides a dedicated budget to boost the Single Market.
Commission fines investment banks € 28 million for participating in SSA bonds trading cartel (22/04/1999)
28/04/2021. The European Commission has fined Bank of America Merrill Lynch, Crédit Agricole, and Credit Suisse a total of € 28 494 000 for breaching EU antitrust rules. Deutsche Bank was not fined as it revealed the existence of the cartel to the Commission.
Commission approves €1.9 billion Czech scheme to support uncovered fixed costs of companies affected by coronavirus outbreak (22/04/1999)
26/04/2021. The European Commission has approved a Czech scheme worth €1.9 billion to support the uncovered fixed costs of companies affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.
Commission v Spain (TNT en Castille-La Manche) (22/04/1999)
29/04/2021. The Commission takes note of today’s judgment by the Court of Justice of the EU declaring that Spain failed to implement the 2014 Commission Decision ordering Spain to recover unlawful and incompatible State aid granted to Telecom Castilla-La Mancha and Cellnex Telecom. The Commission will continue to monitor the full implementation of the recovery procedure.
The judgment provides useful guidance on how Spain shall continue and achieve the recovery procedure to fully implement of the Commission Decision.
Achemos Grupė and Achema v Commission (22/04/1999)
29/04/2021. The Commission takes note of today’s judgment by the Court of Justice of the European Union, which fully upheld the 2019 ruling by the General Court in this case. In 2019, the General Court had upheld a 2013 Commission decision approving Lithuanian aid for the construction and operation of a liquefied natural gas terminal in the port of Klaipėda.
Today’s judgment fully confirms the Commission’s decision and its assessment on the necessity and proportionality of the aid as required by Article 107(3) TFEU, the SGEI framework and public procurement rules.
Fortischem v Commission (22/04/1999)
29/04/2021. The Commission takes note of the judgment by the Court of Justice of the European Union EU, which confirms the judgment of the General Court of 24 September 2019 and dismisses the appeal lodged by Fortischem. The judgment concerns the Commission’s 2014 decision in relation to the State aid provided to the Slovak chemical company NCHZ.
The Court fully confirmed the Commission’s in-depth analysis of the existence of aid as well as its finding of economic continuity between NCHZ and Fortischem.
Commission proposes new Regulation to address distortions caused by foreign subsidies in the Single Market (06/05/2021)
5/05/2021. The European Commission proposes today a new instrument to address potential distortive effects of foreign subsidies in the Single Market. Today's legislative proposal follows the adoption of the White Paper in June 2020 and an extensive consultation process with stakeholders. It aims at closing the regulatory gap in the Single Market, whereby subsidies granted by non-EU governments currently go largely unchecked, while subsidies granted by Member States are subject to close scrutiny. The new tool is designed to effectively tackle foreign subsidies that cause distortions and harm the level playing field in the Single Market in any market situation. It is also a key element to deliver on the updated EU Industrial Strategy also adopted today, by promoting a fair and competitive Single Market thereby setting the right conditions for the European industry to thrive.
See also Statement by Executive Vice-President Margrethe Vestager.
Commission publishes findings of the evaluation of rules on horizontal agreements between companies (22/04/1999)
6/05/2021. The European Commission has published today a Staff Working Document that summarises the findings of the evaluation of the two horizontal block exemption regulations on Research & Development and specialisation agreements (“R&D BER” and “Specialisation BER” respectively, together “HBERs”), together with the Horizontal Guidelines.
Revision of certain procedural aspects of EU merger control (26/03/2021)
The initiative aims to improve the EU merger control procedures, without impairing effective enforcement. The goal is to make EU merger control more efficient and less burdensome in cases that are unlikely to raise competition concerns and to allow the Commission to devote more resources to those cases where a detailed investigation is required. To this aim, the initiative will explore options to further simplify the process in both simplified and, where possible, non-simplified merger cases.
Collective bargaining agreements for self-employed – scope of application EU competition rules (05/03/2021)
This initiative aims to define EU competition law’s scope of application, to enable an improvement of working conditions through collective bargaining agreements – not only for employees, but also, under some circumstances, for the solo self-employed.
ITD and Danske Fragtmænd v Commission (07/05/2021)
5/05/2021. The Commission takes note of the judgment by the General Court, which partially upheld the Commission 2018 decision on several measures in favour of Post Danmark. The Commission will carefully study the judgment and reflect on possible next steps.
Review of the Communication on the Framework for State aid for research and development and innovation (08/04/2021)
The evaluation of the Communication on the Framework for State aid for research and development and innovation (R&D&I) in the context of the Fitness Check of State aid rules showed that the current provisions are effective and facilitate investment in the field of R&D&I at both European and national levels. However, some targeted adjustments remain necessary to reflect current regulatory, economic and technological developments. New current Commission strategic priorities need also to be taken into account, such as the Industrial and Digital Strategy and the European Green Deal.
See also EC press release.
Commission approves €1.9 billion Czech scheme to support companies in context of coronavirus outbreak (11/05/2021)
10/05/2021. The European Commission has approved an approximately € 1.9 billion (CZK 50 billion) Czech scheme to support companies affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.
Commission approves €500 million Greek scheme to support food service companies affected by coronavirus outbreak (11/05/2021)
11/05/2021. The European Commission has approved, under EU State aid rules, a €500 million Greek support scheme to support food service companies affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.
The Multilateral Working Group on pharmaceutical mergers launches a joint public consultation (11/05/2021)
11/05/2021. The European Commission's Directorate General for Competition, the United States’ Federal Trade Commission (“FTC”), the Canadian Competition Bureau, and the UK's Competition and Markets Authority, launched a joint public consultation today in the field of pharmaceutical mergers. The purpose of this consultation is to gather ideas and views from all stakeholders in the field. These contributions will then feed into a workshop that will be organised by the Working Group. You will find the public consultation here.
Commission approves €12.835 million Italian aid measure to compensate Alitalia for further damages suffered due to coronavirus outbreak (18/05/2021)
12/05/2021. The European Commission has found that an Italian aid measure of €12.835 million to support Alitalia is in line with EU State aid rules. This measure aims at compensating the airline for the damages suffered on certain routes due to the coronavirus outbreak during the month of January 2021.
Commission publishes results of evaluation of EU State aid rules for agriculture, forestry and rural areas (19/05/2021)
19/05/2021. The European Commission has published a Commission Staff Working Document summarising the results of an evaluation of the State aid rules for the agriculture and forestry sectors and for rural areas. The evaluation concludes that, overall, the existing rules work well, are fit for purpose and meet the needs of the sectors concerned. However, some targeted adjustments may be necessary to align the current rules with the current EU priorities, in particular the future Common Agricultural Policy (CAP) and the European Green Deal.
Commission approves €22.5 billion Polish scheme to support offshore wind farms (20/05/2021)
20/05/2021. The European Commission has approved, under EU State aid rules, a Polish scheme to support offshore wind technology. The measure will help Poland reach its renewable energy targets without unduly distorting competition.
This adopted act is open for feedback for a minimum period of 8 weeks. All feedback received will be summarised by the European Commission and presented to the European Parliament and Council with the aim of feeding into the legislative debate. Feedback received will be published on this site and therefore must adhere to the feedback rules.
Azienda Sanitaria Provinciale di Catania (20/05/2021)
20/05/2021. The Commission takes note of today’s preliminary ruling by the European Court of Justice in relation to the Azienda Sanitaria Provinciale di Catania case. The preliminary ruling was rendered following questions referred by the Italian Supreme Court of Cassation on whether the payment by the Italian authorities of a compensation to the owners of animals affected by certain infectious diseases that had to be slaughtered constituted new State aid that needed to be notified to the Commission. The European Court of Justice found that a measure such as the one at issue in the case constitutes new aid subject to the notification requirement set out in Article 108(3) TFEU, unless it fulfils the conditions laid down by the Agriculture Block Exemption Regulation or the conditions laid down by the de minimis Regulation. The question of whether the measure fulfilled the conditions under the Agriculture Block Exemption Regulation or under the de minimis Regulation will be for the referring court.
Commission v Greece (12/05/2021)
12/05/2021. In its judgment in Case C-11/20, the Court upheld the Commission’s action against Greece for failure to fulfil obligations to recover unlawful aid paid to Greek farmers as compensation for adverse weather conditions. See also Court press release.
Ryanair v Commission (KLM; Covid-19) (19/05/2021)
19/05/2021. The Commission takes note of today’s judgment of the General Court which annulled the Commission State aid decision approving Dutch aid to KLM under the Temporary Framework. See also Court press release.
Ryanair v Commission (TAP; Covid-19) (19/05/2021)
19/05/2021. The Commission takes note of today’s judgment of the General Court which annulled the Commission State aid decision approving Portuguese aid to TAP under the Guidelines of Rescue and Restructuring aid. We will carefully study the judgment and reflect on possible next steps. See also Court press release.
Deutsche Lufthansa v Commission (19/05/2021)
19/05/2021. The Commission takes note of the judgment by the General Court which annulled the Commission State aid decision finding that the operating aid of EUR 25 million to the benefit of the operator of Frankfurt-Hahn airport was compatible with the EU State aid rules. The Commission will carefully study the judgment and reflect on possible next steps.
Ryanair v Commission (Spain; Covid-19) (19/05/2021)
19/05/2021. The Commission takes note of today’s judgment of the General Court which upheld the Commission State aid decision approving, under the State aid Temporary Framework, the creation of a €10 billion Spanish recapitalisation fund to provide support to companies affected by the coronavirus outbreak and the rules under which that fund grants financing. See also Court press release.
Luxembourg v Commission (12/05/2021)
12/05/2021. The Commission takes note of the judgment of the General Court which confirmed the Commission's June 2018 decision that Luxembourg granted illegal State aid to Engie through selective tax breaks. See also:
12/05/2021. The Commission takes note of the judgment of the General Court which annulled the Commission's October 2017 decision that Luxembourg granted illegal State aid to Amazon. See also:
Commission invites interested parties to provide comments on proposed revision of Guidelines on State aid to promote risk finance investments (21/05/2021)
21/05/2021. The European Commission has launched today a targeted public consultation inviting all interested parties to comment on a proposed targeted revision of the Guidelines on State aid to promote risk finance investments (the “Risk Finance Guidelines”). Interested parties can respond to the consultation for eight weeks, until 16 July 2021.
Revision of the Guidelines on State aid to promote risk finance investments (21/05/2021)
The evaluation of the Risk Finance Guidelines as part of the State aid Fitness Check found that the current provisions are overall fit for purpose, and remain needed. At the same time, the evaluation also showed the need to further simplify and clarify the rules. See also Commission press release.
Commission fines investment banks € 371 million for participating in a European Governments Bonds trading cartel (20/05/2021)
20/05/2021. The European Commission has found that Bank of America, Natixis, Nomura, RBS (now NatWest), UBS, UniCredit and WestLB (now Portigon) have breached EU antitrust rules through the participation of a group of traders in a cartel in the primary and secondary market for European Government Bonds (‘EGB').
Collective bargaining agreements for self-employed – scope of application EU competition rules (05/03/2021)
This initiative aims to define EU competition law’s scope of application, to enable an improvement of working conditions through collective bargaining agreements – not only for employees, but also, under some circumstances, for the solo self-employed.
Revision of certain procedural aspects of EU merger control (26/03/2021)
The initiative aims to improve the EU merger control procedures, without impairing effective enforcement. The goal is to make EU merger control more efficient and less burdensome in cases that are unlikely to raise competition concerns and to allow the Commission to devote more resources to those cases where a detailed investigation is required. To this aim, the initiative will explore options to further simplify the process in both simplified and, where possible, non-simplified merger cases.
The popular vote has picked four young women as the winners of the Student Challenge, part of the Competition policy contributing to the European Green Deal conference.
Over 2,500 people – including some of you – took part in the vote. The winners' prize is seeing their papers published in a special issue of our Competition Policy Briefs (here). The issue will also include longer versions of the other shortlisted abstracts, and essays from the five undergraduate students who have taken up the challenge.
Review of the Communication on the Framework for State aid for research and development and innovation (08/04/2021)
The evaluation of the Communication on the Framework for State aid for research and development and innovation (R&D&I) in the context of the Fitness Check of State aid rules showed that the current provisions are effective and facilitate investment in the field of R&D&I at both European and national levels. However, some targeted adjustments remain necessary to reflect current regulatory, economic and technological developments. New current Commission strategic priorities need also to be taken into account, such as the Industrial and Digital Strategy and the European Green Deal.
Commission adopts revised Regional Aid Guidelines (19/04/2021)
The European Commission has adopted revised EU guidelines on regional State aid (the “Regional Aid Guidelines”), setting out the rules under which Member States can grant State aid to companies to support the economic development of disadvantaged areas in the EU, while ensuring a level playing field between Member States. The revised Guidelines will enter into force on 1 January 2022.
Commission fines three EU railway companies €48 million for customer allocation cartel (20/04/2021)
The European Commission has fined railway companies Österreichische Bundesbahnen (ÖBB), Deutsche Bahn (DB) and Société Nationale des Chemins de fer belges / Nationale Maatschappij der Belgische Spoorwegen (SNCB) a total of €48 million for breaching EU antitrust rules.
Commission approves restructuring aid for Polish Regional Railways, as Poland commits to an accelerated opening to competition of regional passenger rail transport (22/04/2021)
The European Commission has concluded that Polish measures to support the restructuring of Polish Regional Railways, the nationwide operator of regional passenger rail transport in Poland, are in line with EU state aid rules.
Commission approves French support measures for fisheries sector in the context of Brexit (23/04/2021)
The European Commission has approved, under EU State aid rules, three French schemes worth €100 million in total, to support the fisheries sector affected by the withdrawal of the United Kingdom from the EU and the consequent quota share reductions foreseen in the provisions of the EU-UK Trade and Cooperation Agreement (TCA). These are the first support measures approved by the Commission in the context of inter-institutional discussions on the proposed Brexit Adjustment Reserve (‘BAR').
Commission approves €462 million Portuguese support to compensate TAP for damage suffered due to coronavirus outbreak (23/04/2021)
The European Commission has found a €462 million Portuguese support measure in favour of Transportes Aéreos Portugueses, S.A. (“TAP”) to be in line with EU State aid rules. The measure aims at compensating the airline for the damage suffered due to the coronavirus outbreak between 19 March and 30 June 2020.
Consultation on the Notice on the enforcement of State aid rules by national courts (22/01/2021)
Public authorities, citizens, companies and organisations are welcome to contribute to this consultation. Contributions are particularly sought from the national courts and authorities dealing with State aid, academics and lawyers.
Review of the Communication on important projects of common European interest (IPCEI) (23/02/2021)
The evaluation of the Communication on important projects of common European interest undertaken in the context of the Fitness Check of State aid rules showed that the current provisions work well and are an effective tool to achieve the objective of facilitating the emergence of important projects of common European interest. However, some targeted adjustments are necessary ...
The Commission takes note of today’s judgments of the General Court which upheld three 2020 Commission State aid decisions approving respectively, two individual State guarantees by Denmark and Sweden in favour of SAS AB to compensate the airline for the damage suffered due to the coronavirus outbreak, and a Finnish State guarantee on a €600 million loan in favor of Finnair to address its urgent liquidity needs and a serious disturbance in the Finnish economy.
The General Court upheld important aspects of the Commission’s assessment framework under the two main legal bases (namely Article 107(2) TFEU on damage compensation and the State aid Temporary Framework) that Member States have used to provide support to undertakings in the context of the coronavirus outbreak. In particular, the General Court clarified that individual aid measures (i.e. support to individual companies) are possible under these two legal bases, without infringing the principle of non-discrimination.
The General Court also found that the Swedish, Danish and Finnish individual aid measures approved by the Commission were necessary, appropriate and proportionate. They did not constitute a breach of the principle of non-discrimination on grounds of nationality nor did they involve an unjustified restriction on the freedom to provide services.
Commission opens in-depth investigation into proposed acquisition of Trimo by Kingspan (12/04/2021)
The European Commission has opened an in-depth investigation to assess the proposed acquisition of Trimo, arhitekturne rešitve, d.o.o. (‘Trimo') by Kingspan Group plc (‘Kingspan'), under the EU Merger Regulation. The Commission is concerned that the proposed transaction may reduce competition and lead to price increases in the market for mineral fibre sandwich panels in a number of Member States and the UK.
Commission approves acquisition of certain Suez waste management companies by the Schwarz Group, subject to conditions (14/04/2021)
The European Commission has approved, under the EU Merger Regulation, the acquisition of certain Suez waste management companies in Germany, Luxembourg, the Netherlands and Poland, by the Schwarz Group. The approval is conditional on the divestiture of Suez's lightweight packaging (“LWP”) sorting business in the Netherlands.
Verband Deutscher Alten und Behindertenhilfe and CarePool Hannover v Commission (14/04/2021)
The Commission takes note of the judgment by the General Court concerning the appeal of Verband Deutscher Alten und Behindertenhilfe and CarePool Hannover seeking annulment of the European Commission’s decision of 23 November 2017 approving two German State aid schemes in favour of charities for social assistance missions. The Court dismissed the appeal.
Achema and Lifosa v Commission (14/04/2021)
The Commission takes note of the judgement of the General Court which annulled the Commission decision of 2019 finding that a Lithuania aid scheme to support production of electricity from renewable energy sources (RES) was compatible with EU State aid rules.
The Commission will carefully study the judgment and reflect on its implications.
Italmobiliare and Others v Commission (15/04/2021)
The Commission takes note of the judgment by the Court of Justice concerning the appeal of Italmobiliare and Others (“Italmobiliare”) against the judgment of the General Court of 11 July 2019 that upheld the Commission decision in the retail food packaging cartel case.
In today’s judgment, the Court of Justice entirely dismissed the appeal and indirectly confirmed the validity of the Commission’s decision.
Commission approves €24.7 million of Italian support to compensate Alitalia for further damages suffered due to coronavirus outbreak (26/03/2021)
The European Commission has found €24.7 million of Italian support in favour of Alitalia to be in line with EU State aid rules. This measure aims at compensating the airline for the damages suffered on certain routes due to the coronavirus outbreak between 1 November and 31 December 2020.
Commission approves €400 million Dutch loan scheme to support companies providing package travel and linked travel arrangements in context of coronavirus outbreak (30/03/2021)
The European Commission has approved a €400 million Dutch loan scheme to support companies providing package travel and linked travel arrangements in the context of the coronavirus outbreak (so called ”Voucherfonds”). The scheme was approved under the State aid Temporary Framework.
Commission opens investigation into possible anticompetitive behaviour by the power exchange EPEX Spot (30/03/2021)
The European Commission has opened a formal investigation to assess whether the power exchange EPEX Spot SE (‘EPEX Spot') has been taking advantage of its dominant position to hinder the activities of competitors on the market for electricity intraday trading facilitation services in at least six Member States (Austria, Belgium, France, Germany, Luxembourg and the Netherlands).
Commission approves up to €4 billion French measure to recapitalise Air France (06/04/2021)
The European Commission has approved French plans to grant up to €4 billion for the recapitalisation of Air France through its Holding company. The measure was approved under the State aid Temporary Framework.
Commission approves €1.74 billion Danish scheme to support mink farmers and related businesses in context of coronavirus outbreak (07/04/2021)
The European Commission has approved under EU State aid rules, an approximately €1.74 billion (DKK 13 billion) Danish scheme to compensate mink farmers and mink-related businesses for measures taken in the context of the coronavirus outbreak. This follows the receipt of a complete notification from Denmark on 30 March 2021.
Statement by Executive Vice-President Vestager on announcement by Air Canada and Transat to withdraw from proposed merger (02/04/2021)
The European Commission takes note of Air Canada and Transat's announcement that they have decided to terminate the proposed merger agreement according to which Air Canada intended to acquire sole control over Transat. The Commission confirms that the discussions with the companies and the proposed remedy package thus far were not able to adequately address the competition concerns identified by the Commission. The Commission had opened an in-depth investigation into the proposed transaction on 25 May 2020.
Commission invites interested parties to provide comments on proposed revision of State aid Framework for research, development and innovation (08/04/2021)
The European Commission has launched today a public consultation inviting all interested parties to comment on a proposed targeted revision of the State aid Framework for research, development and innovation (the “RDI Framework”). Interested parties can respond to the consultation for eight weeks, until 3 June 2021.
Commission approves prolongation of market conform asset protection scheme for banks in Greece (09/04/2021)
The European Commission has approved the prolongation of an existing Greek scheme aiming at supporting the reduction of non-performing loans of Greek banks on the basis that it remains free of any State aid.
EU competition rules – revision of the Vertical Block Exemption Regulation (18/12/2020)
The Vertical Block Exemption Regulation expires on 31 May 2022. The Regulation exempts agreements between different levels of the same supply chain from the EU’s competition rules.
In a business environment reshaped notably by the growth of e-commerce, this initiative aims to revise the rules to:
provide up-to-date guidance
cater for business needs in accordance with competition rules.
The aim is to have revised rules in place for when the current rules expire.
State subsidies – exemptions to approval requirement for the Green Deal and EU industrial and digital Strategies (08/03/2021)
Roadmap open for feedback:
National governments usually require EU approval for subsidies to domestic businesses, to avoid giving them an unfair advantage over other EU competitors.
Under the General Block Exemption Regulation, certain such subsidies can be exempt.
Student challenge – The popular vote is open (12/03/2021)
You can now vote for the winners of the Student challenge, part of the Competition policy contributing to the European Green Deal conference of 4 February 2021.
When the conference closed, university students were invited to take the Student challenge. We asked entrants to watch the conference (click here if you missed it) and answer this question: "What would you have talked about if you had been a speaker?"
Click here to read the 12 best abstracts we received and vote. You can vote until the end of 26 March at 24:00 hours. And don't forget to spread the news among your colleagues and friends.
Commission approves €146.5 million Austrian support in favour of companies joining research and innovation project in microelectronics (23/03/2021)
The European Commission has approved, under EU State aid rules, €146.5 million in Austrian support in favour of three companies joining the existing Important Project of Common European Interest (‘IPCEI') in microelectronics approved by the Commission in 2018. The public funding is expected to unlock an additional €530 million of private investments, i.e. more than three and a half times the public support.
Commission clears acquisition of GrandVision by EssilorLuxottica, subject to conditions (23/03/2021)
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of GrandVision by EssilorLuxottica. The approval is conditional on full compliance with commitments offered by EssilorLuxottica.
Commission approves modification of Spanish schemes, including €10 billion budget increase for aid of limited amount, to further support economy in context of coronavirus outbreak (23/03/2021)
The European Commission has found the modification of three existing Spanish schemes to support the economy in the context of the coronavirus outbreak to be in in line with the State aid Temporary Framework.
Commission approves €270 million Italian measure to support rail freight and commercial passenger operators affected by coronavirus outbreak (24/03/2021)
The European Commission has approved, under EU State aid rules, a €270 million Italian measure supporting both the rail freight sector and the rail commercial passenger sector in the context of the coronavirus outbreak.
Lundbeck v Commission (25/03/2021)
The European Commission takes note of the judgments by the Court of Justice (‘CJEU’) that fully upholds the Commission’s Lundbeck decision, and dismisses the companies’ appeals against the General Court judgments of September 2016.
The CJEU confirms that Lundbeck’s six pay-for-delay agreements concluded with four manufacturers of generic medicines regarding its anti-depressant medicine citalopram restricted competition by object.
The CJEU’s judgments provide useful guidance on how to determine when suppliers of generic medicines, which were engaged in patent disputes with Lundbeck, agree to stop competing, not due to the strength of the patent of the incumbent originator company, but because the incumbent bought them out of the market by payments or other commercial advantages.
Today’s rulings send strong signal that pay-for-delay agreements, which can significantly harm patients and health care systems, are unlawful under EU competition law.
The Commission takes note of the judgments by the Court of Justice of the European Union, which fully uphold the General Court’s judgments of 13 December 2018 and dismiss the appeals lodged by Slovak Telekom and Deutsche Telekom. The General Court had largely upheld the Commission's 2014 decision finding that Slovak Telekom and its parent company Deutsche Telekom had abused its dominant position on the Slovak wholesale market for local loop unbundling (LLU).
Commission announces evaluation results and follow-up measures on jurisdictional and procedural aspects of EU merger control (26/03/2021)
The European Commission has published today a Staff Working Document that summarises the findings of the evaluation of procedural and jurisdictional aspects of EU merger control. Following the results of the evaluation, the Commission decided to adopt a communication providing guidance on the application of the referral mechanism between Member States and the Commission set out in Article 22 of the Merger Regulation, and launch an impact assessment on exploring policy options for further targeting and simplification of merger procedures.
Commission approves around €350 million Finnish support to compensate Finnair for damages suffered due to coronavirus outbreak (12/03/2021)
The European Commission has found €351.38 million of Finnish support in favour of Finnair to be in line with EU State aid rules. The measure aims at compensating the airline for the damage suffered due to the coronavirus outbreak between 16 March and 31 December 2020.
Commission opens investigation into PPC's behaviour in the Greek wholesale electricity market (16/03/2021)
The European Commission has opened a formal antitrust investigation to assess possible abusive behaviour by Public Power Corporation (‘PPC') in the wholesale Greek electricity sector.
The European Commission forms a Multilateral Working Group with leading competition authorities to exchange best practices on pharmaceutical mergers (16/03/2021)
The European Commission's Directorate General for Competition together with the Federal Trade Commission (FTC), the Canadian Competition Bureau, the UK's Competition and Markets Authority, the U.S. Department of Justice, and three Offices of Attorneys General launched today a Multilateral working group to analyse the effects of mergers in the pharmaceutical sector. The working group was initiated by the FTC and is in line with close cooperation between national competition authorities.
Commission approves €350 million Finnish support to Finavia in the context of the coronavirus outbreak (17/03/2021)
The European Commission has approved, under EU State aid rules, three Finnish measures, with an overall budget of €350 million, to support airport operator Finavia in the context of the coronavirus outbreak.
Competition in a digital age (17/03/2021)
Speech by EVP Margrethe Vestager,
European Internet Forum,
17 March 2021.
[...] "the competition rules and the Digital Markets Act will work together in harmony, helping to make our digital markets work better for everyone.
And that’s the way it should be. The digital transition is reshaping our entire lives. And no one set of rules will make sure all these changes happen in a way that puts people first." [...]
Commission clears acquisition of Eaton Hydraulics by Danfoss, subject to conditions (18/03/2021)
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Eaton's hydraulics business (“Eaton Hydraulics”) by Danfoss. The approval is conditional on full compliance with the commitments offered by Danfoss.
Commission v Poland & Commission v Hungary (16/03/2021)
The Commission takes note of the judgments by the Court of Justice of the EU which upheld the judgments by the General Court in the Polish retail tax and in the Hungarian advertising tax State aid cases. The General Court had annulled the Commission 2016 and 2017 State aid decisions concerning an Hungarian tax on advertising and a Polish retail tax respectively. In both cases, the Commission had concluded that the progressive tax rates on turnover granted a selective advantage to companies with low turnover over their competitors.
The Commission will carefully study the judgments and reflect on their implications.
The Commission takes note of the judgment of the European Court of Justice that confirms the Commission’s decision of 2016 on Pometon SpA’s participation in the steel abrasives cartel.
Today’s judgment also brings clarity on the Commission’s approach for hybrid staggered settlement cartel cases.
The Commission also notes that the European Court of Justice has reduced the amount of the fine imposed on Pometon following its finding that the Commission had incorrectly determined the basic amount of that fine.
Commission refers United Kingdom to European Court for failure to fully recover illegal tax exemption aid of up to around €100 million in Gibraltar (19/03/2021)
The European Commission has decided to refer the United Kingdom to the Court of Justice of the European Union for failing to fully recover illegal State aid of up to around €100 million, granted as a tax exemption for passive interest and royalties in Gibraltar, as required by a Commission decision. This case relates to facts that took place before the United Kingdom's withdrawal from the European Union.
Commission approves French scheme to compensate ski lifts operators for damages suffered due to coronavirus outbreak (19/03/2021)
The European Commission has approved, under EU State aid rules, a French scheme with a budget between €140 and €700 million to compensate ski lifts operators for the damages suffered due to the restrictive measures introduced by the government to limit the spread of the coronavirus.
Commission approves €39.7 million Latvian measures to recapitalise Riga International Airport (08/03/2021)
The European Commission has approved Latvian plans to grant up to €39.7 million for the recapitalisation of the State Joint Stock Company Riga International Airport (Riga International Airport). The measures were approved under the State aid Temporary Framework.
Commission approves €2 billion French scheme to support uncovered fixed costs of companies affected by the coronavirus outbreak (09/03/2021)
The European Commission has approved a French scheme to support the uncovered fixed costs of companies affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.
Commission approves €511 million Italian scheme to compensate commercial rail passenger operators for damages suffered due to coronavirus outbreak (10/03/2021)
The European Commission has approved, under EU State aid rules, €511 million in Italian support to compensate providers of commercial, long-distance rail passenger services for the damage suffered between 8 March and 30 June 2020 due to the coronavirus outbreak and the restrictive measures that Italy had to implement to limit the spread of the coronavirus.
Commission approves €1.1 billion Polish scheme to further support companies affected by coronavirus outbreak (11/03/2021)
The European Commission has approved a €1.1 billion (PLN 5 billion) Polish scheme to support companies in various sectors affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.
Studienvereinigung Kartellrecht International Forum 2021 (11/03/2021)
Speech by EVP Margrethe Vestager,
Studienvereinigung Kartellrecht International Forum 2021,
11 March 2021.
[…] “So putting together our case experience, the reports on digital markets and our objective to design an effective regulation, we proposed the DMA based on four main pillars. […] National competition authorities played an important role in shaping the proposal, and they still do in the current negotiations. This role will continue because competition law enforcement will continue to shape the DMA.” […]
EuroCommerce Policy Talk Webinar (12/03/2021)
Speech by EVP Margrethe Vestager,
EuroCommerce Policy Talk Webinar,
12 March 2021.
[...]"Europe’s recovery mainly depends on Europe’s businesses, and the women and men who work in them. Our main role is providing and maintaining a sound legal and regulatory framework for you, the private sector, to get on with the job." [...]
