Evaluation of State aid rules for banks in difficulty (17/03/2022)
This targeted consultation (deadline extended to 15 July!) aims at gathering evidence and views on the effectiveness, efficiency, relevance, coherence and added value of EU specific State aid rules for banks in difficulty. This input will help the Commission to analyse the extent to which the Commission’s State aid rules for banks in difficulty preserved financial stability, while minimising competition distortions. Given its technical nature, this targeted consultation is most suitable for stakeholders directly involved in or affected by the Commission’s State aid control for banks in difficulty or with relevant expertise in the field of State aid control, the analysis of competition in the financial sector and financial stability.
Open call proposals: Training of National Judges in EU Competition Law (17/05/2022)
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.
Collection of Key Qualitative and Quantitative Information from Past European Commission's Merger Decisions (16/06/2022)
Contract for:
(i) the extraction and collection of key qualitative and quantitative information from non-simplified past Commission merger decisions, and delivery of such information to DG COMP in a predetermined format and structure; and
(ii) the analysis of the extracted data in a report to be submitted together with the data.
Aviation guidelines. Prolongation of operating aid to regional airports (COVID-19 response) : Call for evidence (23/06/2022)
The 2014 Guidelines on State aid to airports and airlines include a transition period (expiring in April 2024), during which operating aid to airports with less than 3 million passengers a year can be allowed (as it can be declared compatible with the single market).
In view of the additional time needed to start recovering from the effects of the COVID-19 crisis, the Commission is proposing a short prolongation of this transition period, without making any other changes to the rules.
Making Markets Work for People (27/10/2022)
Registration is open for Making Markets Work for People. EVP Vestager is inviting a group of top policy makers, academics and representatives of business and the civil society to debate the social dimension of competition policy and explore what it can do for ordinary people especially in this growing cost-of-living crisis. The conference will take place at The EGG Brussels and online on 27 October, 2022.
Commission approves €60.7 million Romanian scheme to support the road transport sector in the context of Russia's invasion of Ukraine (28/06/2022)
The European Commission has approved a €60.7 million (RON 300 million) Romanian scheme to support companies active in road transport of goods and persons in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.
Commission accepts commitments by Insurance Ireland to ensure access to its data sharing platform (30/06/2022)
The European Commission has made commitments offered by Insurance Ireland, an association of Irish insurers, legally binding under EU antitrust rules. Insurance Ireland must ensure fair and non-discriminatory access to its Insurance Link information exchange system, which contains important data for companies offering motor vehicle insurance services in Ireland.
Commission approves €1.2 billion Polish scheme to support companies in context of Russia's invasion of Ukraine (30/06/2022)
The European Commission has approved a €1.2 billion Polish scheme (PLN 5.5 billion) to support companies across sectors in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.
Commission opens in-depth investigation into Czech support for new nuclear power plant in Dukovany (30/06/2022)
The European Commission has opened an in-depth investigation to assess whether public support that Czechia plans to grant for the construction of a new nuclear power plant in Dukovany is in line with EU State aid rules.
Commission seeks feedback on performance of EU antitrust enforcement framework (30/06/2022)
The European Commission has launched today a call for evidence and a public consultation inviting feedback on the performance of the EU Regulations which lay out the procedures for the application of EU competition rules (Regulation 1/2003 and Regulation 773/2004). Interested parties can respond to the public consultation for 14 weeks, until 6 October 2022.
EU antitrust procedural rules – evaluation (30/06/2022)
Call for evidence and Public consultation are open to help evaluate the procedures for applying EU antitrust rules following changes to the economic landscape, e.g. digitisation, since Regulation 1/2003 entered into force.
Exemptions for small amounts of aid (de minimis aid) : Call for evidence (27/06/2022)
The de minimis aid Regulation allows exemptions from state aid control for small amounts that are deemed to have no impact on competition and trade in the single market. Such amounts do not have to be notified to the Commission by Member States, to be approved. These rules are set to expire on 31 December 2023. This initiative aims to revise them to update the exempted amounts in light of inflation and improve transparency.
The State Aid Temporary Framework to support the economy in the context of the coronavirus outbreak (30/06/2022)
New infographic on the State Aid Temporary Framework to support the economy in the context of the coronavirus outbreak, in the wake of the phasing out of the Framework on 30 June 2022.
Danske Slagtermestre v Commission (30/06/2022)
The Commission takes note of the judgment of the Court of Justice of the European Union. In its judgment, the Court of Justice found that the General Court had erred in law when it concluded that the complainant was not directly affected by a 2018 Commission State aid decision. In its decision, the Commission found that the tariff system for waste water charges set up by a Danish law does not confer an advantage to certain undertakings and thus does not constitute State aid. The Court of Justice referred the case back to the General Court that will decide on the merits.
Fakro v Commission (30/06/2022)
The Commission takes note of the judgement by the European Court of Justice dismissing the roof windows manufacturer FAKRO’s appeal against a 2020 judgement of the General Court. In its judgement, the General Court dismissed the applicant’s action for annulment against a Commission decision of 14 June 2018 to reject an antitrust complaint filed by FAKRO. The judgement confirms the Commission's assessment that there was no sufficient Union interest in further investigating the issues raised in the complaint due to the limited likelihood of finding an infringement of Article 102 TFEU and the disproportionate nature of a more in-depth investigation.
Commission welcomes political agreement on Regulation on distortive foreign subsidies (01/07/2022)
The Commission welcomes the political agreement reached today between the European Parliament and EU Member States on the Foreign Subsidies Regulation (‘FSR'). The FSR is an important addition to the EU toolbox to address distortions caused by foreign subsidies and ensure a level playing field for all companies operating in the EU Single Market. See also Statement by Executive Vice-President Vestager.
Commission approves €5 billion French scheme to support energy intensive companies in context of Russia's invasion of Ukraine (01/07/2022)
The European Commission has approved a €5 billion French scheme to support energy intensive companies across sectors in the context of Russia's invasion of Ukraine.
Expert Consultancy Services and Studies in the Context of Investigations and Compliance Enforcement in Relation to Digital Services (22/06/2022)
The subject of this call for tenders is the provision of expert consultancy services and studies in relation to digital services in the context of enforcement of competition law and of ensuring contestability and fairness in that sector.
Support Study for the Evaluation of Regulations 1/2003 and 773/2004 (18/05/2022)
The subject of this call for tenders is the procurement of a study that will assist the European Commission with the evaluation of Regulations 1/2003 and 773/2004.
Commission approves €226 million Hungarian scheme to support SMEs in context of Russia's invasion of Ukraine (17/06/2022)
The European Commission has approved a €226 million(HUF 90 billion) Hungarian scheme to support small and medium-sized enterprises (‘SMEs') across sectors in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.
Commission opens investigation into possible anticompetitive disparagement by Vifor Pharma of iron medicine (20/06/2022)
The European Commission has opened a formal antitrust investigation to assess whether Vifor Pharma has restricted competition by illegally disparaging its closest – and potentially only – competitor in Europe on the market for intravenous iron treatment, Pharmacosmos. Vifor Pharma's conduct appears to be aimed at hindering competition against its blockbuster high-dose intravenous iron treatment medicine, Ferinject.
Commission approves €500 million Romanian scheme under Recovery and Resilience Facility to support the establishment of new forest areas (20/06/2022)
The European Commission has approved, under EU State aid rules, a €500 million Romanian scheme made available through the Recovery and Resilience Facility ('RRF') to support the growth of new forest areas. The measure is part of Romania's strategy to ensure the protection of forests and biodiversity. The scheme will also contribute to the EU's strategic objectives relating to the green transition.
Commission approves €3.9 million Estonian scheme to support agricultural producers in context of Russia's invasion of Ukraine (20/06/2022)
The European Commission has approved a €3.9 million Estonian scheme to support the beef, poultry and horticulture sectors in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.
Commission approves €1.7 billion Italian scheme to support investment towards a sustainable recovery (20/06/2022)
The European Commission has approved a €1.7 billion Italian scheme aimed at providing investment support towards a sustainable recovery. The scheme was approved under the State aid Temporary Framework.
Commission approves €374 million Italian scheme to compensate rail freight transport companies for the damage suffered due to the coronavirus pandemic (20/06/2022)
The European Commission has approved, under EU State aid rules, €374 million Italian support to compensate rail freight transport companies for the damage suffered during the period between 12 March and 31 May 2020 due to the coronavirus pandemic and the restrictions that Italy and other countries had to implement to limit the spread of the virus.
Commission approves €1.14 billion Hungarian scheme to support companies in context of Russia's invasion of Ukraine (20/06/2022)
The European Commission has approved a €1.14 billion (HUF 442.37 billion) Hungarian scheme to support companies across sectors in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.
Commission opens in-depth investigation into the proposed acquisition of OMV Slovenija by MOL (23/06/2022)
The European Commission has opened an in-depth investigation to assess the proposed acquisition of OMV Slovenija by MOL under the EU Merger Regulation. The Commission is concerned that the proposed transaction may reduce competition in the retail motor fuel markets in Slovenia.
Commission approves €1 million Croatian scheme to support maize seed producers in context of Russia's invasion of Ukraine (23/06/2022)
The European Commission has approved a €1 million (HRK 7.5 million) Croatian scheme to support maize seed producers in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.
Volvo and DAF Trucks (22/06/2022)
Case C 267/20 was a request for a preliminary ruling brought by a Spanish court seeking guidance on the the interpretation of Article 101 TFEU as well as of Articles 10 and 17 and Article 22(2) of the Damages Directive. In its judgment, the Court clarified the temporal scope of application of the rules of the Damages Directive. See also Curia's press release (in pdf format).
Ryanair v Commission (Finnair II; Covid-19) (22/06/2022)
The Commission takes note of today’s judgment of the General Court, which upheld the Commission decision of 9 June 2020 approving a recapitalisation measure in favour of Finnair. In its decision, the Commission found that the aid notified by Finland was compatible with the internal market, as it was proportionate and necessary to contribute to remedy a serious disturbance to the economy of Finland. See also Curia's press release (in pdf format).
ThyssenKrupp v Commission (22/06/2022)
The Commission takes note of the judgment of the General Court upholding the Commission’s 2019 decision prohibiting the creation of a joint venture by Tata Steel and ThyssenKrupp under the EU Merger Regulation (‘EUMR’). In its judgement, the General Court fully upheld the Commission’s assessment. The General Court further found that the Commission correctly concluded that the remedies offered by the parties were insufficient to eliminate the identified significant impediments to effective competition. See also Curia's press release (in pdf format).
Anti-competitive agreements and abuse of a dominant market position – update of informal guidance notice for businesses (24/05/2022)
The purpose of this initiative is therefore to update the criteria in the current Notice on Informal Guidance (Commission Notice on informal guidance relating to novel questions, OJ C 101, 27.4.2004, p. 78) to enable the Commission to provide informal guidance to businesses in line with recital 38 of Regulation 1/2003, in cases in which they are genuinely uncertain about the application of antitrust rules. This will enable the Commission to use this tool more flexibly to the benefit of businesses and to increase legal certainty.
Commission approves 500 million Finnish scheme to support companies in context of Russia's invasion of Ukraine (13/06/2022)
The European Commission has approved an €500 million scheme to support companies active in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.
Commission carries out unannounced inspections in the water infrastructure sector over alleged bid-rigging (14/06/2022)
The European Commission is conducting unannounced inspections in a Member State at the premises of companies active in the construction of networks and treatment plants for drinking water and wastewater.
Qualcomm v Commission (15/06/2022)
The European Commission takes note of today's judgement by the General Court that annulled the Commission’s 2018 Decision which found that Qualcomm had abused its dominant position. The Commission will carefully study the judgement and its implications and will reflect on possible next steps. See also Curia's press release (in PDF format).
Commission approves award of slots at Lisbon airport to easyJet following TAP Group's restructuring (16/06/2022)
The European Commission has ranked easyJet first among the air carriers that have applied for the portfolio of up to 18 daily slots at Lisbon airport. The slots will be made available by TAP Air Portugal to mitigate possible undue competition distortions created by the restructuring aid it received from Portugal, as approved by the Commission in December 2021. As a result of today's decision, easyJet will be able to start operating new routes as of 30 October 2022.
Sony Corporation and Sony Electronics v Commission (16/06/2022)
The Commission takes note of the judgments of the Court of Justice setting aside the General Court’s judgments of 2019. The Court of Justice largely confirms the Commission's decision of 2015 imposing fines on the optical disc drives suppliers for their cartel activities in the procurement tenders for optical disc drives for laptops and desktops produced by Dell and Hewlett Packard. The Court of Justice confirmed that it did not identify any grounds justifying it to reduce the amount of the fines imposed on the undertakings. See also:
Speech by Executive Vice-President Vestager to the Orgalim Conference (14/06/2022)
Speech by Executive Vice-President Vestager, Orgalim Conference, Brussels, 14 June 2022.
[...] "By lowering and removing barriers to entry, the EU's competition policy keeps doors open, especially for SMEs and entrepreneurs who are often the ones to come up with fresh ideas". [...]
Data Protection and Competition: enforcement synergies and challenges (16/06/2022)
Speech by Executive Vice-President Vestager, Conference of the Data Protection Supervisor, Brussels, 16 June 2022.
[...] "We need to address common issues such as the interplay between data protection and competition. Privacy and competition sometimes go together, sometimes they don't. This requires a dialogue between regulators." [...]
Commission approves Ali Group's acquisition of Welbilt, subject to conditions (17/06/2022)
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Welbilt by Ali Group. The approval is conditional on full compliance with commitments offered by Ali Group.
Estimating the 'costs of non-competition' for the EU economy (23/06/2022)
DG Competition invites you to the virtual workshop Estimating the 'costs of non-competition' for the EU economy on 23 June 2022. The workshop will be hosted by the Chief Economist and the Principal Adviser for economic ex-post evaluation of DG Competition.
Commission approves €453.25 million Portuguese restructuring aid in favour of SATA Group (07/06/2022)
The European Commission has approved, under EU State aid rules, Portugal's plans to grant air carrier SATA Air Açores restructuring aid for a total amount of €453.25 million. The measure will enable the company to finance its restructuring plan and restore its long-term viability.
Commission approves Spanish and Portuguese measure to lower electricity prices amid energy crisis (08/06/2022)
The European Commission has approved, under EU State aid rules, a €8.4 billion Spanish and Portuguese measure aimed at reducing the wholesale electricity prices in the Iberian market (MIBEL) by lowering the input costs of fossil fuel-fired power stations. The measure was approved under Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the Spanish and Portuguese economies are experiencing a serious disturbance. The measure is in line with the Commission's Communication on security of supply and affordable energy prices and the European Council conclusions, both from March 2022, referring to emergency temporary measures reducing spot electricity market prices for companies and consumers that do not affect trading conditions to an extent contrary to the common interest.
United Kingdom v Commission (08/06/2022)
The European Commission takes note of the General Court’s judgment upholding entirely the Commission’s decision, by which it found that a certain part of the UK’s CFC legislation was unlawful and incompatible State aid. The Commission will carefully study the judgment and reflect on its wider impact.
Commission sends Statement of Objections to České dráhy and Österreichische Bundesbahnen over alleged collective boycott (10/06/2022)
The European Commission has informed České dráhy (‘ČD') and Österreichische Bundesbahnen (‘ÖBB'), the Czech and Austrian rail incumbents, of its preliminary view that they have breached EU antitrust rules by colluding in the market for used passenger railway wagons with the aim to distort competition in the rail passenger transport market.
Commission approves €400 million Portuguese recapitalisation scheme to support companies affected by the coronavirus pandemic (10/06/2022)
The European Commission has approved a €400 million Portuguese scheme to support strategic companies affected by the coronavirus pandemic. The scheme was approved under the State aid Temporary Framework and is included in the national Recovery and Resilience Plan.
Merger control in the EU – further simplification of procedures (06/05/2022)
The purpose of this public consultation is to gather stakeholder feedback on the draft revised Merger Implementing Regulation and the draft revised Notice on Simplified Procedure, and in particular on the changes that the Commission proposes. See also the corresponding press release.
The Multilateral Working Group on pharmaceutical mergers launches a public workshop (31/05/2022)
The European Commission's Directorate General for Competition will contribute to a public workshop organised by the United States’ Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) in the framework of the Multilateral Working Group on pharmaceutical mergers (the “Working Group”) formed in March 2021. Working Group members, which also include the Canadian Competition Bureau and the UK's Competition and Markets Authority, along with several representatives from academia will participate in the two-day public workshop to discuss key topics in the assessment of pharmaceutical mergers.
Commission approves €50 million Greek scheme to support the livestock sector in context of Russia's invasion of Ukraine (01/06/2022)
The European Commission has approved a €50 million Greek scheme to support the livestock sector in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.
Commission approves 2022-2027 regional aid map for Finland (02/06/2022)
The European Commission has approved under EU State aid rules Finland's map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines.
Commission approves €10 billion Spanish scheme to support companies in context of Russia's invasion of Ukraine (02/06/2022)
The European Commission has approved an up to €10 billion Spanish scheme to support self-employed and companies across sectors in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.
Commission approves €20 million Lithuanian scheme to support companies in context of Russia's invasion of Ukraine (02/06/2022)
The European Commission has approved a €20 million Lithuanian scheme to support companies across sectors in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.
Includes comments on the following cases: Danfoss/Eaton Hydraulics; Merck/Sigma-Aldrich; Aon/Willis Towers Watson; and Orange/Telekom Romania Communications.
Commission opens in-depth investigation into Czech support measure for Digital Terrestrial Television operators (03/06/2022)
The European Commission has opened an in-depth investigation to assess whether public support that Czechia plans to grant in favour of Digital Terrestrial Television (‘DTT') operators is in line with EU State aid rules.
The new enforcement notice (03/06/2022)
The new Commission Notice on the enforcement of State aid law by national courts, adopted in July 2021, which replaces the notice adopted on the same topic in 2009, underlines the key role of national courts in the enforcement of Union State aid law. National courts be called upon to apply State aid law in a variety of scenarios.
Public consultation on sustainability agreements in agriculture (28/02/2022)
This initiative provides agricultural producers and other operators with guidance on how to assess whether sustainability agreements fulfil the conditions for granting a derogation (exemption) from EU competition rules.
See also the EC press release.
Commission approves €404 million Swedish scheme to help disadvantaged workers access the labour market (16/05/2022)
The European Commission has approved, under EU State aid rules, a Swedish scheme of around €404 million (SEK 4.2 billion) to help disadvantaged workers access the labour market. The measure aims to create so-called ‘Entry Jobs' for disadvantaged and severely disadvantaged workers who are currently unemployed. The scheme also contributes to the EU's strategic objectives relating to job creation.
Commission approves €2 billion Greek scheme to support investment towards a sustainable recovery (16/05/2022)
The European Commission has approved a €2 billion Greek scheme aimed at providing investment support towards a sustainable recovery. The scheme was approved under the State aid Temporary Framework.
Commission approves 2022-2027 regional aid map for Northern Ireland (17/05/2022)
The European Commission has approved under EU State aid rules and in line with the Protocol on
Ireland/Northern Ireland annexed to 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 (‘Withdrawal Agreement'), Northern Ireland's map for granting regional aid from 1
January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines
(‘RAG').
Commission carries out unannounced inspections in the fashion sector (17/05/2022)
On 17 May the European Commission has started unannounced inspections at the premises of companies active in the fashion industry in several Member States. In parallel, the Commission has sent out formal requests for information to several companies active in the fashion sector.
Commission approves €1.2 billion Italian scheme to support agricultural, forestry, fishery and aquaculture sectors in context of Russia's invasion of Ukraine (18/05/2022)
The European Commission has approved a €1.2 billion Italian umbrella scheme to support the agricultural, forestry, fishery and aquaculture sectors in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.
Commission approves a €30 million Maltese scheme to support the importation, manufacturing and wholesale of grains in context of Russia's invasion of Ukraine (18/05/2022)
The European Commission has approved a €30 million Maltese scheme to support companies active in the importation, manufacturing and wholesale of grains and other similar products in the context of Russia's invasion of Ukraine. The scheme, which goes under the name “MDB Subsidised Loan Scheme”, was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.
Ryanair v Commission (18/05/2022)
The Commission takes note of the judgment of the General Court dismissing Ryanair’s action against a 2019 Commission State aid decision. In its decision, the Commission approved rescue aid in favour of the German airline Condor.
In its judgment, the General Court fully upheld the Commission’s decision.
The Commission takes note of the judgment of the General Court dismissing Canon’s appeal against a 2019 Commission decision. In its decision, the Commission found that, by prematurely implementing its acquisition of TMSC, Canon had breached both the standstill and the notification obligations laid down in the EU Merger Regulation, which are cornerstones of the ex-ante nature of the EU merger control regime.
In its judgment, the General Court fully upheld the Commission’s assessment. In particular, it confirmed that not only full implementation, but also partial implementation of concentrations before notification and clearance is prohibited.
The Commission takes note of the judgment of the General Court dismissing Wieland’s appeal against a 2019 Commission decision. In its decision, the Commission prohibited Wieland’s acquisition of Aurubis Rolled Products and Aurubis' stake in Schwermetall. The Commission had serious concerns the merger would have reduced competition and increased prices for rolled copper products used by European manufacturers.
In its judgment, the General Court fully upheld the Commission’s analysis on the impact that this merger would have had on competition. It also confirmed that the Commission can only accept remedies that can adequately address on a lasting basis the identified competition concerns.
Tirrenia di navigazione v Commission (18/05/2022)
The Commission takes note of the two judgments of the General Court dismissing Tirrenia’s appeals against two 2020 Commission State aid decisions. In its decisions, the Commission found, among others, that certain aid measures in favour of companies of the former Tirrenia Group were not in line with EU State aid rules.
In its judgments, the General Court fully upheld the Commission’s assessment and decisions. It also found that the duration of the Commission’s in-depth investigation does not have an impact on the applicant’s obligation to repay the incompatible aid received.
Creative Renewal: defending competition in the face of disruption (19/05/2022)
Speech by EVP Margrethe Vestager,
Vienna, Schumpeter Award, 19 May 2022
[...] "It would be naïve to imagine that our transition to the digital economy will be the final iteration of the process of ‘Creative Destruction and Renewal'; a process that Schumpeter described so well. I do not doubt that in thirty years, policymakers will struggle to curb the excesses of businesses, which today have not yet been created." [...]
Commission approves €16 million Finnish scheme to support farmers in context of Russia's invasion of Ukraine (20/05/2022)
The European Commission has approved a €16 million Finnish scheme to support the agricultural
sector in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid
Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)
(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU
economy is experiencing a serious disturbance.
Commission approves €500 million Luxembourgish scheme to support companies in context of Russia's invasion of Ukraine (20/05/2022)
The European Commission has approved a €500 million Luxembourgish guarantee scheme to support
companies across sectors in the context of Russia's invasion of Ukraine. The scheme was approved
under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022,
based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'),
recognising that the EU economy is experiencing a serious disturbance.
Study on New Developments in Card-based Payment Markets, Including as Regards Relevant Aspects of the Application of the Interchange Fee Regulation (08/04/2022)
The subject of this call for tenders is a study on new market developments in card-based payment markets, including on digital solutions such as mobile wallets that rely on cards for payment transactions. The study will also provide a detailed assessment of key elements of the conclusions and recommendations of the Commission Report to the European Parliament and the Council of 29 June 2020 on the effects of the Interchange Fees Regulation. Reference number: COMP/2022/OP/0002 Deadline: 16/05/2022 16:00.
Commission adopts new Vertical Block Exemption Regulation and Vertical Guidelines (10/05/2022)
The European Commission has adopted today the new Vertical Block Exemption Regulation (‘VBER') accompanied by the new Vertical Guidelines, following a thorough evaluation and review of the 2010 rules. The revised rules provide businesses with simpler, clearer and up-to-date rules and guidance. The new rules will help them to assess the compatibility of their supply and distribution agreements with EU competition rules in a business environment reshaped by the growth of e-commerce and online sales. The revised VBER and Vertical Guidelines will enter into force on 1 June 2022.
Commission approves €698 million Italian scheme to support the tourism sector in the context of coronavirus pandemic (11/05/2022)
The European Commission has approved a €698 million Italian scheme to support companies active in the tourism sector affected by the coronavirus pandemic. The scheme was approved under the State aid Temporary Framework and is included in the national Recovery and Resilience Plan.
Commission will phase out State aid COVID Temporary Framework (12/05/2022)
The European Commission will phase out the State aid COVID Temporary Framework, adopted on 19 March 2020 and last amended on 18 November 2021, enabling Member States to remedy a serious disturbance in the economy in the context of the coronavirus pandemic. The State aid COVID Temporary Framework will not be extended beyond the current expiry date, which is 30 June 2022 for most of the tools provided. The existing phase-out and transition plan will not change, including the possibility for Member States to provide specific investment and solvency support measures until 31 December 2022 and 31 December 2023 respectively, as already announced in November last year.
Servizio Elettrico Nazionale and Others (12/05/2022)
The Commission takes note of the preliminary ruling of the Court of Justice of the European Union (‘ECJ’) in relation to the decision of 20 December 2018 by the Italian Competition and Markets Authority against Enel. The ruling clarifies certain aspects of the concept of ‘abuse’ within the meaning of Article 102 TFEU. More specifically, the Court confirms the importance of assessing whether a dominant undertaking’s behaviour amounts to competition on the merits and how this should be interpreted, in particular when dominant undertakings enjoy advantages from a monopoly they previously held on a market. The Court also considers that a competition authority must show that the conduct of the dominant undertaking could adversely affect the effective competition structure on the market, without it being necessary to also show direct harm to consumers. Moreover, the Court recalls that it must be shown that the conduct is capable of producing the alleged exclusionary effects, and not that the desired result of the conduct has actually been achieved. The Commission will carefully study the judgment. See also Curia's press release (in PDF format).
Commission sends Statement of Objections to Apple over practices regarding Apple Pay (04/05/2022)
The European Commission has informed Apple of its preliminary view that it abused its dominant position in markets for mobile wallets on iOS devices. By limiting access to a standard technology used for contactless payments with mobile devices in stores (‘Near-Field Communication (NFC)' or ‘tap and go'), Apple restricts competition in the mobile wallets market on iOS. See also Margrethe Vestager's remarks.
A new age of international cooperation in competition policy (05/05/2022)
Speech of Executive Vice-President Vestager, ICN Annual Conference, Berlin, 5 May 2022. [...]"Because ultimately, competition policy is about more than just ‘prices', ‘barriers to entry' or ‘market share'. It is about prosperity. It is about openness and it is about freedom." [...]
Larko v Commission (04/05/2022)
The Commission takes note of the judgment of the General Court dismissing Larco’s appeal against a 2014 Commission decision. In its decision, the Commission found that, among others, a public guarantee granted to Larco in 2008 constituted incompatible State aid and ordered recovery of the aid. In its judgment, the General Court upheld the Commission’s finding that the aid was not granted at market conditions and thus conferred an advantage to the company.
Wizz Air Hungary v Commission (TAROM) (04/05/2022)
The Commission takes note of the judgment of the General Court dismissing Wizz Air’s action for annulment against a 2020 Commission decision. In its decision, the Commission approved rescue aid of approximately €36.7 million granted by Romania to the airline TAROM. In its judgment, the General Court fully upheld the Commission’s assessment and decision. In particular, it confirmed that the measure aimed at preventing the social hardship that a disruption of TAROM’s services might cause for the connectivity of regions in Romania and thus was in line with EU State aid rules and compatible with the internal market. Furthermore, the General Court confirmed the expiry of a period of at least 10 years from the granting of earlier restructuring aid to the airline, as provided in the Commission's Guidelines on rescue and restructuring aid (the so-called “one time, last time” principle). In particular, it clarified that the period during which the restructuring measures are implemented is in principle different from the period during which the restructuring aid itself is implemented. See also Curia's press release (in PDF format).
Commission approves German umbrella scheme to support companies in context of Russia's invasion of Ukraine (04/05/2022)
The European Commission has approved a German umbrella scheme with a budget of around €11 billion to support companies across sectors in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.
The European Commission has launched today a public consultation inviting all interested parties to comment on the draft revised Merger Implementing Regulation and the Notice on Simplified Procedure.
Commission approves €2 billion Italian scheme under the Recovery and Resilience Facility to support roll out of 5G mobile networks (25/04/2022)
The European Commission has approved, under EU State aid rules, a €2 billion Italian scheme made available through the Recovery and Resilience Facility (‘RRF') to roll out high-performing 5G mobile networks. The measure is part of Italy's strategy to address the needs of citizens and businesses in the context of the digitalisation of the country. The scheme also contributes to the EU's strategic objectives relating to the digital transition.
Commission approves €130 million Lithuanian scheme to support companies affected by discriminatory trade restrictions (26/04/2022)
The European Commission has approved, under EU State aid rules, a €130 million Lithuanian scheme to support and facilitate access to finance by companies affected by the exceptional circumstances resulting from China's discriminatory trade restrictions on Lithuania.
Commission approves €18 million Irish scheme to support the road haulage sector in the context of Russia's invasion of Ukraine (27/04/2022)
The European Commission has approved an €18 million Irish scheme to support the road haulage sector in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.
Commission approves €700 million French scheme to support research, development and innovation projects across all sectors (27/04/2022)
The European Commission has approved, under EU State aid rules, a €700 million French scheme to support research, development and innovation projects by companies of all sizes and active across all sectors. This measure is part of the “France 2030” recovery program that aims to develop industrial competitiveness and future technologies, in order to enhance economic recovery in the aftermath of the coronavirus pandemic. The scheme also contributes to the EU's strategic objectives relating to the digital and green transitions.
Commission approves €169 million Spanish scheme to support milk producers in context of Russia's invasion of Ukraine (28/04/2022)
The European Commission has approved a €169 million Spanish scheme to support the milk producers sector in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.
Flašker v Commission (27/04/2022)
The Commission takes note of the judgment of the General Court partially annulling a 2020 Commission decision. In its decision, the Commission found that four alleged aid measures in favour of Lekarna Ljubljana, a public pharmacy in Slovenia, did not constitute incompatible State aid. At the same time, it rejected several allegations raised in a complaint lodged by a private pharmacy operator. In its judgment, the General Court annulled the Commission’s decision on one of the four measures assessed concerning assets granted under management to Lekarna Ljubljana, while it upheld the Commission’s assessment in relation to the other three measures. We will carefully study the judgment and reflect on possible next steps.
Piltenes meži (28/04/2022)
The Commission takes note of the preliminary ruling of the Court of Justice of the European Union. In its judgment, the Court held that compensation granted by a Member State to an economic operator due to the establishment of micro-reserves in forest areas falls under the scope of Article 30(6) of Regulation (EU) No 1305/2013 and confers an advantage capable of constituting State aid. In addition, the Court clarified that this form of support, which might be considered compatible with the internal market under Article 36 of Regulation (EU) No 702/2014, shall not be granted to undertakings in difficulty.
Public consultation on the draft revised Horizontal Block Exemption Regulations and Horizontal Guidelines (01/03/2022)
On 1 March 2022, the Commission published drafts of the revised R&D and Specialisation Block Exemption Regulations (together ‘HBERs’) and Horizontal Guidelines for stakeholder comments.
See also the EC press release.
Commission approves Parker's acquisition of Meggitt, subject to conditions (11/04/2022)
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Meggitt by Parker. The approval is conditional on full compliance with commitments offered by Parker.
Commission approves €250 million Portuguese measure under the Recovery and Resilience Facility to further capitalise Banco Português de Fomento (11/04/2022)
The European Commission approved, under EU State aid rules, a €250 million Portuguese aid measure, made available through the Recovery and Resilience Facility ('RRF'), to further capitalise the country's promotional institution Banco Português de Fomento ('BPF'). The measure aims to develop the Portuguese economy by facilitating access to finance, particularly for small and medium enterprises (‘SMEs') affected by the coronavirus pandemic, and thus boosting competitiveness and job creation in the long-term. The scheme also contributes to theEU's strategic objectives relating to the green and digital transitions, as well as to economic cohesion, productivity and competitiveness.
Commission approves €836 million Polish scheme to support agricultural sector in context of Russia's invasion of Ukraine (19/04/2022)
The European Commission has approved a €836 million (PLN 3.9 billion) Polish scheme to support the agricultural sector in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.
Commission approves €20 billion German scheme to support companies in context of Russia's invasion of Ukraine (19/04/2022)
The European Commission has approved an up to €20 billion German scheme to support companies active in all sectors in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.
Commission approves €7 billion French scheme to support investment towards a sustainable recovery (21/04/2022)
The European Commission has approved a €7 billion French scheme aimed at providing investment support towards a sustainable recovery. The scheme was approved under the State aid Temporary Framework.
Statement by Executive Vice-President Vestager on the decision by Kingspan and European Architectural Systems to abandon the proposed transaction involving the purchase of Trimo (22/04/2022)
The European Commission takes note of the decision by Kingspan and European Architectural Systems (i.e. the parent company of Trimo) to terminate their proposed agreement according to which Kingspan intended to acquire sole control over Trimo.
