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." [...]
Commission approves Danish support for Thor offshore wind farm project (01/03/2021)
The European Commission has approved, under EU State aid rules, Danish support for the Thor offshore wind farm project, which will be located in the Danish part of the North Sea. The measure will help Denmark increase its share of electricity produced from renewable energy sources and reduce CO₂ emissions, in line with the European Green Deal, without unduly distorting competition in the Single Market.
Commission opens in-depth investigation into compensation for early closure of lignite-fired power plants in Germany (02/03/2021)
The European Commission has opened an in-depth investigation to assess whether German plans to compensate lignite-fired power plants for phasing out earlier than foreseen are in line with EU State aid rules.
Commission approves French guarantee scheme mobilising up to €20 billion support from private investors for companies affected by coronavirus outbreak (04/03/2021)
The European Commission has approved, under EU State aid rules, a French State guarantee scheme to support the economy in the context of the coronavirus outbreak. The scheme aims to provide long-term funding to companies and thereby facilitate new investments supporting recovery from the current economic crisis.
Commission opens formal investigation into possible anticompetitive conduct of Teva in relation to a blockbuster multiple sclerosis medicine (04/03/2021)
The European Commission has opened a formal antitrust investigation to assess whether the pharmaceutical company Teva has illegally delayed the market entry and uptake of medicines that compete with its blockbuster multiple sclerosis drug Copaxone. The Commission will investigate whether Teva has abused a dominant market position in breach of EU antitrust rules.
Commission approves over €1 billion support for high-efficient cogeneration of electricity and heat in Slovakia (04/03/2021)
The European Commission has approved, under EU State aid rules, Slovak plans to support the production of electricity from high-efficient cogeneration installations connected to district heating networks in Slovakia.
Commission v Italy and Others (02/03/2021)
The Commission takes note of the judgment by the Court of Justice of the EU which upheld the judgment by the General Court of March 2019 in this case. The General Court had annulled the Commission decision of 23 December 2015 concerning measures in favour of Banca Tercas.
The Commission will carefully study the judgment and reflect on its implications.
The Commission takes note of the preliminary ruling by the European Court of Justice on the compatibility with State aid rules and with the prohibition of abuse of dominant position (under Article 102 TFEU) of the pricing system for the banking activities rendered by law by Poste Italiane to private tax collectors for the payment of municipal taxes in Italy.
The preliminary ruling was rendered following questions referred by the Italian Supreme Court of Cassation (Corte Suprema di Cassazione) on whether the pricing system for the banking activities in question involves State aid in favour of Poste Italiane under EU State aid rules and whether it is in line with Article 102 TFEU.
The European Court of Justice found that the banking services in question do not qualify as a service of general economic interest (SGEI) entrusted to Poste Italiane and therefore not all so-called “Altmark conditions” are met and a selective advantage may be present (i.e. the measure may potentially constitute State aid under EU rules). While finding that, prima facie, the banking service charges paid by private tax collectors do not necessarily involve State resources, the Court left it to the referring court to ascertain whether the conditions for the measure to constitute State aid under Article 107(1) TFEU, including the presence of a selective advantage and involvement of State resources, are met.
The question of whether the pricing system for the banking activities rendered in the circumstances of the case entails an abuse of dominance under Article 102 TFEU was declared inadmissible due to the lack of information provided by the referring court.
Commission v Fútbol Club Barcelona (04/03/2021)
The Commission takes note of the judgment by the Court of Justice to follow the Commission’s arguments and annul the decision by the General Court in relation to the Commission’s negative Decision of 2013 on State aid implemented by Spain in favour of certain football clubs.
Commission invites stakeholders to provide comments on the application of EU competition law to collective bargaining agreements for self-employed (05/03/2021)
The European Commission has launched today a public consultation to gather views and evidence from citizens, businesses, social partners, academia, government bodies and all interested parties as part of an initiative to ensure that EU competition rules do not stand in the way of collective bargaining by certain solo self-employed people.
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Commission invites stakeholders to provide comments on revised State aid rules on Important Projects of Common European Interest (23/02/2021)
The European Commission has launched today a public consultation inviting all interested parties to comment on a proposed targeted revision of the Communication on State aid rules for Important Projects of Common European Interest (the “IPCEI Communication”). Stakeholders can respond to the consultation for eight weeks, until 20 April 2021.
eConfidentiality is here! (25/02/2021)
On 25 February, DG Competition launched a new IT tool called eConfidentiality to ease the negotiations of confidentiality claims in the context of access to file and publication of decisions. eConfidentiality provides a secure platform to submit, substantiate and negotiate confidentiality claims with DG Competition. This first release will only concern antitrust and cartel cases. Law firms and companies will be contacted by case teams to use the eConfidentiality tool when non-confidential versions of documents should be obtained.
For more information and tutorials on how to use the new tool, please visit this page.
Commission approves €254 million Romanian aid to support rehabilitation of district heating system in Bucharest (23/02/2021)
The European Commission has approved, under EU State Aid rules, Romanian plans to support the upgrade of the district heating system of the municipality of Bucharest.
Braesch and Others v Commission (24/02/2021)
The Commission takes note of today’s judgment by the General Court regarding the admissibility of an appeal of the Commission’s 2017 State aid decision concerning the precautionary recapitalisation of Banca Monte Paschi di Siena.
Slovak Telekom (26/02/2021)
The Commission takes note of the judgment of the Court of Justice of the European Union in the Slovak Telekom case.
The Court of Justice confirms that, the Commission’s opening of proceedings under Article 2(1) of Regulation 773/2004, pursuant to Article 11(6) of Regulation 1/2003, relieves the National Competition Authorities (NCAs) from the power to apply Article 101 and 102 TFEU to the same case, that is, the same practice(s) by the same undertaking(s) on the same relevant geographic and product market, in the same timeframe.
The judgment also confirms that the principle of restricting the possibility of a defendant being prosecuted/fined repeatedly on the basis of the same offence, act, or facts (ne bis in idem principle) does not apply to decisions adopted separately and independently by both the Commission and the competent NCA if the facts underlying those decisions are not identical.
Industry as a motor for Digital, Digital as a motor for Industry (25/02/2021)
Speech by EVP Margrethe Vestager,
EU Industry Days,
25 February 2021.
[...]"Regulation also has to take account of the special role data plays in the digital economy. That may mean some changes to the competition rules, but it's also about ways to encourage greater data sharing, something that can bring huge benefits in areas like the new Internet of Things. [...]
Commission approves €40 million Italian aid measure to support coronavirus related research and development activities (26/02/2021)
The European Commission has approved a €40 million Italian aid measure to support coronavirus related research and development (R&D) by biotechnology company ReiThera S.r.l. The measure was approved under the State aid Temporary Framework.
The Commission takes note of today's judgments of the General Court which upheld two 2020 Commission State aid decisions approving, respectively, a French scheme deferring the payment by airlines of certain taxes to mitigate the economic impact of the coronavirus outbreak and a Swedish guarantee scheme to support airlines affected by the coronavirus outbreak.
Importantly, 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 found that the French and Swedish schemes approved by the Commission were necessary, appropriate and proportionate and do not constitute a breach of the principle of non-discrimination on grounds of nationality nor do they involve an unjustified restriction on the freedom to provide services.
Commission adopts final measures to preserve the divestment of former Aleris plant in Belgium following Novelis' acquisition of Aleris (18/02/2021)
The European Commission has adopted final measures to preserve the divestment of the former Aleris plant in Duffel, Belgium, by Novelis under the EU Merger Regulation. To obtain clearance of its acquisition of Aleris in 2019, Novelis offered to divest the plant in binding commitments but failed to close the sale within the deadline set in those commitments, despite extensions granted.
Commission clears acquisition of Varian by Siemens Healthineers, subject to conditions (19/02/2021)
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Varian Medical Systems by Siemens AG, through its subsidiary Siemens Healthineers. The approval is conditional on full compliance with the commitments offered by Siemens to ensure the interoperability of the companies' medical imaging and radiotherapy solutions with third-party solutions.
Commission accepts commitments by Aspen to reduce prices for six off-patent cancer medicines by 73% addressing excessive pricing concerns (10/02/2021)
The European Commission has made commitments offered by Aspen legally binding under EU antitrust rules. Aspen has to reduce its prices in Europe for six critical cancer medicines by 73% on average. In addition, Aspen has to ensure the continued supply of these off-patent medicines for a significant period.
Commission clears acquisition of Belchim by Mitsui, subject to conditions (11/02/2021)
The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Belchim by Mitsui. The approval is conditional on full compliance with a commitments package offered by Mitsui.
Commission approves €1.4 billion Swedish scheme to support uncovered fixed costs of companies affected by coronavirus outbreak (12/02/2021)
The European Commission has approved an approximately €1.4 billion (SEK 14 billion) Swedish scheme to support the uncovered fixed costs of companies affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.
