"Competition weekly e-news" Newsletter Issues

2024 Competition summer school for ASEAN, Indian and Chinese officials (01/07/2024)

Officials from ASEAN countries, India and China will take part in the Competition Summer School that will run between 1 and 12 July.
On 2 July, participants will visit the Directorate General for Competition, where they will attend a number of sessions to allow exchanges of experiences between the Asian and European Commission's officials. The Competition Summer School facilitates cooperation amongst the participating authorities and deepens the contacts with European officials and professionals.

Commission approves €265 million Swedish State aid measure partly funded under Recovery and Resilience Facility to support H2GS's green steel plant (26/06/2024)

The European Commission has approved, under EU State aid rules, a €265 million Swedish measure made available in part through the Recovery and Resilience Facility (‘RRF') to support H2GS AB in setting up a large-scale green steel plant. The measure will contribute to the achievement of the EU Hydrogen Strategy, the  European Green Deal and the Green Deal Industrial Plan  targets, while helping to end dependence on Russian fossil fuels and accelerate the green transition, in line with the REPowerEU Plan.

Commission clears acquisition of Viatris by Cooper, subject to conditions (26/06/2024)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of the European over the counter (‘OTC') business of Viatris Inc. by Cooper Consumer Health S.A.S. The approval is conditional upon full compliance with the commitments offered by the parties.

Commission sends Statement of Objections to Microsoft over possibly abusive tying practices regarding Teams (25/06/2024)

The European Commission has informed Microsoft of its preliminary view that Microsoft has breached EU antitrust rules by tying its communication and collaboration product Teams to its popular productivity applications included in its suites for businesses Office 365 and Microsoft 365.

Commission fines International Flavors & Fragrances €15.9 million for deleting WhatsApp messages during an antitrust inspection (24/06/2024)

The European Commission has fined International Flavors & Fragrances Inc. and International Flavors & Fragrances IFF France SAS (together ‘IFF') €15.9 million for obstructing a Commission inspection in 2023. The Commission found that during the inspection, a senior employee of IFF intentionally deleted WhatsApp messages exchanged with a competitor.
See also Questions and answers on the Commission's decision to fine IFF for obstructing an EU antitrust inspection.

Commission sends preliminary findings to Apple and opens additional non-compliance investigation against Apple under the Digital Markets Act (24/06/2024)

The European Commission has informed Apple of its preliminary view that its App Store rules are in breach of the Digital Markets Act (DMA), as they prevent app developers from freely steering consumers to alternative channels for offers and content.

Protecting competition in a changing world (27/06/2024)

Speech by EVP Vestager at DG COMP's conference "Protecting competition in a changing world",
Brussels, 27 June 2024.
[...] "And to be clear, the advancement of competition policy means the advancement of the Single Market. Competition policy is about breaking down barriers and market partitioning. Progress in the Single Market's integration will both improve competition and provide more opportunities for scale economies and growth." [...]

Fixing the Information Crisis Before It's Too Late (27/06/2024)

Speech by EVP Vestager at the Open Markets Institute,
Brussels, 27 June 2024.
[...] "We are not just concerned with the concentration of market power. We are concerned that this power is in the hands of online platforms that have gained a huge space in our lives. That control how we get our news. How we share it. How we interact with each other.
The ties that we built across the Atlantic serve a common purpose. To restore competition. To empower companies and consumers. To set guardrails against disinformation and impediments to plurality. We have built far-reaching tools. We owe it to our citizens to use them with purpose." [...]

The Digital Markets Act: opening the gates for competition (24/06/2024)

Speech by EVP Vestager at the European Competition Network conference on the DMA,
Brussels, 24 June 2024.
[...] "The Commission and the ECN members will work hard to ensure the DMA is effective. We will make sure that the stadium gates are kept open, the pitch is level and play is fair. You can leave that to us.
But we need you—startups, SMEs, and investors—to take the ball, run with it and score those goals. We are at a crucial point for digital markets, and we all need to pitch in. Together as Team DMA, we can make the digital game competitive again."

Regulating giants (21/06/2024)

Speech by EVP Vestager at the European Young Bar Association summer conference,
Brussels, 21 June 2024.
[...] "When you read Norse mythology, the interactions with the jötnar are never simple. Sometimes it involves negotiations, sometimes it involves more active persuasion.
I think that is also how it must be with today's digital giants. The fact is, we are only at the beginning of a new digital era. The new rules we have put in place will need to be honed over time – I'm sure of it. But one lesson from the Viking myths will still be true: power is neither ‘all good' nor ‘all bad' – it's a mix of the two; and it all depends on what you do with it." [...]

Commission v Servier and Others (27/06/2024)

The Commission takes note of the judgments of the Court of Justice of the European Union upholding the Commission’s appeal against a 2018 judgment of the General Court. In 2018, the General Court annulled parts of a 2014 Commission decision. In its 2014 decision, the Commission imposed fines totalling €427 million on Servier and five generic companies for curbing entry of cheaper versions of a cardiovascular medicine. In particular, the Commission found that all companies entered into restrictive agreements under Article 101 TFEU and that Servier put in place a strategy aimed at systematically buying out any competitive threats that amounted to an abuse of dominant position under Article 102 TFEU.
By upholding the Commission’s appeal, the Court of Justice confirmed most of the Commission’s findings included in the 2014 decision. At the same time, the Court of Justice referred back to the General Court the assessment of certain findings for it to rule on them.
See also Curia's press release (in PDF format).

Aluminios Cortizo and Cortizo Cartera v Commission (26/06/2024)

The Commission takes note of the judgments of the General Court upholding a 2013 Commission’s State aid decision. In its 2013 decision, the Commission concluded that a Spanish scheme for the purchase of ships involving leasing and financing through tax relief to be partly incompatible with EU State aid rules. The Commission found that the scheme conferred a selective advantage on economic interest groupings and their investors over their competitors. It therefore ordered Spain to recover the incompatible aid.
On 2 February 2023, the Court of Justice of the European Union largely upheld the Commission decision, while annulling it insofar as it only identified the economic interest groupings and their investors as beneficiaries of the aid.
In today’s judgment, the General Court ruled that the last remaining application for annulment against the Commission’s 2013 decision was without object as regards the question of the identification of the indirect beneficiaries of the scheme and dismissed the remainder of the action for annulment.
The judgment also confirms that the Commission was competent to ask Spain to set aside private contractual clauses which allowed beneficiaries of the aid scheme to shift the burden of recovery to third parties.

Protecting competition in a changing world (24/06/2024)

The report presents and assesses new research on how the conditions of competition in the EU have evolved over time as well as the main drivers of those changes. It also presents new research on the impact of competition on competitiveness and overall economic growth.
The report draws extensively on contributions from the Organisation for Economic Co-operation and Development (OECD), a consortium of academics and consultants led by Lear and DG Competition itself.
For more details, visit DG COMP's dedicated page.

The access to finance rules in the revised GBER: an overview (21/06/2024)

Check the second Competition State Aid Brief in 2024: Member State support for improving Small and Medium-Sized Enterprises’ (‘SMEs’) access to finance is pivotal for the Union’s ambition to deliver on the Green Deal and its objective to make Europe fit for the digital age. This Policy Brief highlights the recent amendment of the General Block Exemption Regulation (GBER) in its section on access to finance for SMEs (Articles 21-24).

State aid – review of rules on exemptions for small amounts of aid (de minimis aid) in agriculture (07/06/2024)

The Commission is now revising the agricultural de minimis Regulation to react to increasing inflationary pressure in the sector. It is proposing to adjust the de minimis threshold to inflation and to also increase the national caps. It also proposes to improve transparency by introducing a mandatory de minimis register, which will reduce administrative burden on farmers who currently use a self-declaration system.
All citizens, organisations and public authorities are welcome to contribute to this consultation. Contributions are particularly sought from national authorities dealing with measures covered by Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector (‘agricultural de minimis Regulation’).
See also the Commission's press release.

State aid – draft Land and Multimodal Transport Guidelines (LMTG) and draft Transport Block Exemption Regulation (TBER) (18/06/2024)

The Commission is publishing for consultation the draft Land and Multimodal Transport Guidelines (LMTG) and Transport Block Exemption Regulation (TBER).
The proposals follow the conclusions of the Fitness Check on the existing State aid rules in the field of land transport sector that showed that adjustments were needed to reflect market developments and the current EU's strategic priorities, including the European Green Deal.
See also the EC press release.

Students' competition: Protecting competition in a changing world (27/06/2024)

From EVP Vestager's speech at DG COMP's conference "Protecting competition in a changing world",
Brussels, 27 June 2024.
[...] "We are inviting all students in the EU to take part in a student challenge. Here's what you have to do: listen to the panels of today's conference. Next, we ask you to choose one panel, pick one theme, and imagine what your contribution to this discussion would be. Ask yourself, “if I were up on that stage, what would I be saying right now?” Consider: What are the implications of the report's findings for antitrust and merger control? Are these different for State aid policy? How do changes in the state of competition impact the EU's competitiveness?
We invite students to contribute with no more than 300 words, and submit it to us before the deadline, which is September 20.
The best entries will be invited to return in October to accept the winning prize, where I will have the pleasure of meeting them and discuss their views in more detail. So, in fact, this is really a prize for me, because I get to hear from brilliant student voices, who will bring a fresh perspective to the table."

Call for interest International Competition Network – Non- Governmental Advisors (ICN-NGAs) 2024 - 2025 (18/06/2024)

The European Commission invites expressions of interest for the International Competition Network - Non-Governmental Advisors (ICN-NGAs) role for the 2024-2025 term
DG Competition seeks to partner with various ICN-NGAs to ensure high-quality contributions based on broad stakeholder experience. Selected ICN-NGAs will actively engage with the European Commission in drafting and revising Working Group outputs, and participating in seminars, webinars, and workshops.
If you are interested in becoming an ICN-NGA and supporting the European Commission, please contact DG Competition at COMP-ICN@ec.europa.eu.

Call for tenders for a study of interoperability tools in the digital single market (25/06/2024)

The European Commission is launching a call for tenders for a study into interoperability tools in the digital single market in the context of the Digital Markets Act (DMA).
With this study the contractor will map out the technical challenges and solutions for ensuring horizontal interoperability between number-independent interpersonal communication services with a particular focus on evaluating the merits of a potential extension of this obligation to online social networking services. The study should therefore offer practical recommendations based on the latest developments in horizontal interoperability within the context of the implementation of the DMA.

Antitrust and cartels (28/05/2021)

New Legislation
'What's new?'

Mergers (28/05/2021)

New Legislation
'What's new?'

Digital Markets Act (11/01/2024)

New Legislation
'What's new?'

Foreign Subsidies (11/01/2024)

New Legislation

Commission approves €3 billion German State aid scheme to support the development of Hydrogen Core Network (21/06/2024)

The European Commission has approved, under EU State aid rules, an estimated €3 billion German scheme to support the construction of the Hydrogen Core Network (‘HCN'). The measure will contribute to the achievement of the objectives of the EU Hydrogen Strategy and 'Fit for 55' package, by enabling the creation of hydrogen transmission infrastructure that is needed to foster the use of renewable hydrogen in industry and transport by 2030.

Commission finds special tax rules for public casinos operators in Germany to be incompatible State aid (20/06/2024)

The European Commission has concluded that Germany's special tax schemes for public casinos operators are not in line with EU State aid rules. Germany must now recover the incompatible State aid, including interests, and abolish the tax schemes for the future.

Commission opens in-depth State aid investigation into Flemish support to land management associations (20/06/2024)

The European Commission has opened an in-depth investigation to assess whether public support granted to Flemish land management associations between 2003 and 2018 is in line with EU State aid rules.

Commission invites comments on draft revised State aid rules for land and multimodal transport (19/06/2024)

The European Commission has launched today a public consultation inviting all interested parties to comment on its draft rules for land and multimodal transport replacing the Guidelines on State aid for railway undertakings (‘Railway Guidelines') as well as on its new Transport Block-Exemption Regulation (‘TBER').
Interested parties can respond to the public consultation until 20 September 2024.

Commission approves €570 million Italian State aid scheme to reduce emissions in ports (17/06/2024)

The European Commission has approved, under EU State aid rules, a €570 million Italian scheme to incentivise ships to use shore-side electricity when they are at berth in maritime ports. The measure contributes to reducing greenhouse gas emissions, air pollution and noise in line with the objectives of the European Green Deal.

Commission carries out further unannounced antitrust inspections in tyres sector cartel investigation (18/06/2024)

The European Commission is carrying out unannounced inspections at the premises of a consultancy firm in two Member States.
The Commission has concerns that the company may have violated EU antitrust rules that prohibit cartels and restrictive business practices (Article 101 of the Treaty on the Functioning of the European Union).

Vima World v Commission (19/06/2024)

The European Commission takes note of today’s judgment of the General Court, upholding a 2020 Commission Decision. In its decision, the Commission had found that the implementation of the Madeira Free Zone aid scheme (Regime III) in Portugal is not in line with the Commission's State aid decisions of 2007 and 2013 approving the scheme. The objective of the approved measure was to contribute to the economic development of the outermost region of Madeira through tax incentives for companies creating jobs in Madeira and for activities effectively and materially performed in that region.
In its judgment, the General Court upholds the Commission’s finding that the tax reductions were applied to companies that have made no real contribution to the development of the region, including on jobs created outside Madeira (and even the EU), in breach of the conditions laid down in the 2007 and 2013 State aid decisions and EU State aid rules.
This judgment is consistent with the previous findings of the General Court in other appeal cases, especially those brought by Portugal (T-95/21) and the region of Madeira (T-131/21), which were both rejected by the General Court in 2022 and 2023.

Past and Future of Competition Policy: Challenges ahead (25/06/2024)

The seventh episode of Let’s Talk Competition will focus on the past and future of Competition policy. It will be the occasion to look at the work done by the European Commission over the past years, but also to analyse the challenges and pressing issues that the next mandate will have to address.
Lewis Crofts, Editor-at-Large at MLex, will moderate the debate. Three renowned experts will take part in the discussion: Olivier Guersent, Director-General of the Directorate-General for Competition; Vanessa Turner, Senior Adviser on Competition at the European Consumer Organisation (BEUC); Natalie Harsdorf-Borsch, Director-General of the Austrian Federal Competition Authority.

Protecting Competition in a Changing World - Evidence on the evolution of competition in the EU during the past 25 years (27/06/2024)

DG Competition is organising a half-day conference that brings together experts and stakeholders to present and discuss new evidence on the evolution of competition in the EU. The main purpose of the conference is to present and discuss the findings from new economic evidence gathered by a consortium of researchers led by Lear and from within DG Competition itself.

Competition in Virtual Worlds and Generative AI (28/06/2024)

The European Commission is pleased to announce its upcoming workshop on competition in virtual worlds and generative AI, scheduled for 28 June 2024. This event serves as a follow-up to the call for contributions launched in January 2024, which sought insights into the state of competition within these two sectors.
Registrations are open!

Commission seeks feedback on the evaluation of the Motor Vehicle Block Exemption Regulation (27/05/2024)

The European Commission launched a Call for evidence to seek feedback on the scope and content of its evaluation of the Motor Vehicle Block Exemption Regulation, as amended in April 2023 (‘MVBER'), and of the related Supplementary Guidelines, also as amended in April 2023 (‘SGL').
The role of both the MVBER and of the SGL is to assist companies in the automotive sector to assess the compatibility of their vertical agreements with Article 101 of the Treaty on the Functioning of the European Union. The feedback obtained will help the Commission prepare a public consultation planned for the fourth quarter of 2024.
All interested parties can submit their views in any official EU language until 24 June 2024. More information on the MVBER review can be found here.

EU environmental and State aid law – access to justice in relation to State aid decisions : Call for evidence (30/05/2024)

This initiative has two parts:

1. based on the analysis of supporting evidence, it may outline a new procedure to provide access to justice in environmental matters linked to EU State aid decisions, taking into account the EU’s international environmental commitments
2. an update of procedural rules to reflect recent Commission practice and case-law developments related to handling State aid cases.

State aid (28/05/2021)

New Legislation
'What's new?'

Commission opens in-depth State aid investigation into German measures to support local bus transport operator WestVerkehr (13/06/2024)

The European Commission has opened an in-depth investigation to assess whether certain support measures to German local public transport company WestVerkehr GmbH are in line with EU State aid rules.

Commission finds Hungarian support for new auto parts plant in Észak Magyarország to be incompatible State aid (11/06/2024)

The European Commission has concluded that Hungary's plan to support the construction of a new automotive components plant in Észak Magyarország is not in line with EU State aid rules. Therefore, the aid cannot be granted by Hungary.

Commission sends Statement of Objections to Alchem over first pharmaceutical cartel case in the EU (13/06/2024)

The European Commission has informed Alchem International Pvt. Ltd. and its subsidiary Alchem International (H.K.) Limited of its preliminary view that they have breached EU antitrust rules by participating in a long-lasting cartel concerning an important pharmaceutical product.

Commission calls on Czechia to improve competition for organising waste collection and recovery in the packaging sector (11/06/2024)

The European Commission has informed Czechia that measures appointing EKO-KOM as the only company authorised for the collection and recovery of packaging waste for over two decades may be in breach of the EU competition rules.

Commission opens in-depth foreign subsidies investigation into e&'s acquisition of parts of PPF Telecom (10/06/2024)

The European Commission has opened an in-depth investigation to assess, under the Foreign Subsidies Regulation (‘FSR'), the acquisition by the Emirates Telecommunications Group Company PJSC (‘e&') of sole control of PPF Telecom Group B.V. (‘PPF'), excluding its Czech business. The Commission has preliminary concerns that e& may have been granted foreign subsidies that could distort the EU internal market

Commission v Netherlands (13/06/2024)

The Commission takes note of the judgment of the Court of Justice of the EU which upholds the 2022 ruling by the General Court in this case.
In 2022, the General Court had annulled a 2020 Commission State aid decision approving €52.5 million Dutch compensation to the coal fired power plant Hemweg for the early closure imposed on the plant.
The Commission will now carefully study the judgment.

Commission v Deutsche Telekom (11/06/2024)

The Commission takes note of the judgment of the Court of Justice of the European Union rejecting the Commission’s appeal against the judgment of the General Court of 19 January 2022 in case T-610/19 Deutsche Telekom v Commission. In its 2022 judgment, the General Court upheld Deutsche Telekom’s appeal against a 2019 Commission decision. In its 2019 decision, the Commission rejected Deutsche Telekom’s request for payment of default interests on the excess fine amount provisionally paid by the company. This amount was consequently reimbursed by the Commission following the 2018 General Court’s judgment which reduced the amount of the fine.
The Commission will carefully study the judgment and assess its implications.
See also Curia's press release (in PDF format).

Modelling the macroeconomic impact of competition policy: 2023 update and further development (11/06/2024)

This report models and analyses various aspects of the macroeconomic impact of competition policy interventions by the European Commission over the period 2012-2022. Based on information provided by the Directorate-General for Competition (DG COMP) on its merger interventions, cartel prohibitions and other antitrust interventions, the Joint Research Centre (JRC) has used two models to simulate the macroeconomic impact of such interventions: the QUEST III macro-model of the EU economy, which was developed by the Directorate-General for Economic and Financial Affairs (DG ECFIN) for assessing the impact of EU policies, and an EU-wide input-output model, which allows for an investigation of the sectoral differentiation and spill-over effects of competition policy interventions.

Commission seeks feedback on draft targeted amendments to rules on small amounts of State aid to the agricultural sector (07/06/2024)

The European Commission has launched today a public consultation inviting all interested parties to comment on draft targeted amendments to the rules on small amounts of aid to the agricultural sector (‘Agricultural de minimis Regulation'). All interested parties can respond to the public consultation until 21 July 2024.

Commission approves Italian State aid scheme to support electricity production from renewable energy sources (04/06/2024)

The European Commission has approved, under EU State aid rules, an Italian scheme to support a total of 4590 MW of new capacity for electricity production from renewable energy sources. The scheme contributes to the EU's strategic objectives relating to the European Green Deal, while helping to end dependence on Russian fossil fuels and fast forward the green transition.

High-Level Forum on State Aid (03/06/2024)

Speech by EVP Vestager at the High-Level Forum on State Aid,
Brussels, 3 June 2024.
[...] "State aid policy must continue to fulfil its mandate to avoid undue distortions to competition, while allowing the EU to stay at the forefront of innovation, cater for cohesion and lead the twin transition. The EU will need to maintain a balance and continue to adapt its State aid policy to changing market conditions and other policy developments while preserving a competitive Single Market." [...]

Ryanair v Commission (06/06/2024)

The Commission takes note of today’s judgment of the Court of Justice of the European Union, which dismissed Ryanair’s appeal against a 2021 judgment of the General Court. In its judgment, the General Court had rejected Ryanair’s application for annulment of the State aid decision of 31 July 2020 finding that the Spanish Recapitalisation Fund was in line with EU State aid rules set out in the COVID-19 Temporary Framework.
In its judgment, the Court of Justice confirmed that the applicant did not sufficiently demonstrate errors in the judgment of the General Court and thus that its application for annulment should be rejected.
See also Curia's press release (in PDF format).

Fifty Years of the Brussels-New York Connection : watch the debate (05/06/2024)

Barry E. Hawk, former director of the Fordham Competition Law Institute took part in all panels of the debate Fifty Years of the Brussels-New York Connection. The conference went into the heart of transatlantic relations in competition policy and enforcement, examining our historical journey, recent developments, and the far-reaching impacts on broader policy landscapes in Europe and the US.
You can now watch the stimulating debates at your own pace.
More details on the conference are available at DG COMP's website.

New video: the EU Single market and the EU State Aid policy. (31/05/2024)

EU State aid rules keep the single market together and protect your tax money. They ensure public funds go where the market falls short, promote balanced growth across the EU, and prevent wasteful spending and subsidy races.
EU Competition policy and its rules guarantee a fair and open EU single market where EU companies can thrive and build international competitiveness.

Commission approves €2 billion Italian State aid measure to support STMicroelectronics to set up a new semiconductor manufacturing facility (31/05/2024)

The European Commission has approved, under EU State aid rules, a €2 billion Italian measure to support STMicroelectronics (‘ST') in the construction and operation of an integrated chip manufacturing plant for Silicon Carbide (‘SiC') power devices in Catania, Sicily. The measure will strengthen Europe's security of supply, resilience and digital sovereignty in semiconductor technologies, in line with the objectives set out in the European Chips Act Communication. The measure will also contribute to achieving the digital and green transitions.

Commission amends Guidelines on Regional State aid to allow increased support to Strategic Technologies for Europe Platform projects (31/05/2024)

The European Commission has adopted an amendment to the Guidelines on Regional State aid (‘RAG') to allow Member States to grant higher amounts of regional aid for investment projects covered by the Strategic Technologies for Europe Platform (‘STEP'). The STEP aims to support the development and manufacturing of critical technologies relevant to the EU green and digital transitions, as well as the EU's strategic sovereignty.

Commission approves up to €1.4 billion of State aid by seven Member States for the fourth Important Project of Common European Interest in the hydrogen value chain (28/05/2024)

The European Commission has approved, under EU State aid rules, a fourth Important Project of Common European Interest (‘IPCEI') to support research, innovation and the first industrial deployment in the hydrogen value chain. The project contributes to the EU's target of 90% reduction of emissions from the mobility and transport sectors, in order for the EU to become climate-neutral by 2050. By fostering the use of hydrogen as a fuel, it will also help achieve the objectives of the European Green Deal, the EU Hydrogen Strategy and the Sustainable and Smart Mobility Strategy.
See also Remarks by Executive Vice-President Vestager.

Commission approves up to €1 billion of State aid by six Member States for the first Important Project of Common European Interest in the health sector (28/05/2024)

The European Commission has approved, under EU State aid rules, the first Important Project of Common European Interest (‘IPCEI') to support research, innovation and the first industrial deployment of healthcare products, as well as innovative production processes of pharmaceuticals. This IPCEI will notably contribute to the European Health Union's objectives by delivering innovations addressing diseases for which there are no satisfactory means of prevention or treatment and by increasing the EU's preparedness for emerging health threats..
See also Remarks by Executive Vice-President Vestager.

Commission approves €3.2 billion Czech State aid scheme to support high-efficiency combined heat and power generation (27/05/2024)

The European Commission has approved, under EU State aid rules, a €3.2 billion (CZK 75 billion) Czech scheme to support the production of electricity from new and modernised high-efficiency combined heat and power (‘CHP') plants. The measure will contribute to the implementation of Czechia's National Energy and Climate Plan, the European Green Deal and the EU's energy efficiency targets.

Commission approves KKR's acquisition of NetCo (31/05/2024)

The European Commission has approved unconditionally, under the EU Merger Regulation, the acquisition by KKR & Co. Inc. (‘KKR') of NetCo. The Commission concluded that the transaction would raise no competition concerns in the European Economic Area.

Autoridad Portuaria de Bilbao v Commission (30/05/2024)

The Commission takes note of today’s judgment of the Court of Justice. In its judgment, the Court of Justice confirmed 2019 Commission decisions requiring Spain to abolish corporate tax exemptions for port authorities.
The Court of Justice confirmed the Commission reasoning that the tax measures at stake constitute State aid. In particular, the Court ruled that, even if a scheme benefits only one company, the Commission can limit itself to assess the abstract features of the scheme, not the specific situation of the beneficiary.

Ryanair v Commission (30/05/2024)

The Commission takes note of today’s judgment of the Court of Justice, upholding a 2020 Commission State aid decision. In its decision, the Commission had approved a Finnish State guarantee on a €600 million loan to the airline Finnair to mitigate the economic impact of the coronavirus outbreak on the company.
In today’s judgment, the Court of Justice found that the General Court was correct to rule in April 2021 that the Finnish measure approved by the Commission complied with all the conditions set out in EU State aid rules, in particular under Article 107(3)(b) TFEU, as interpreted by the COVID-19 State aid Temporary Framework. The aid did not breach the principle of non-discrimination nor did it involve an unjustified restriction on the freedom of other companies to provide services.

Decal España v Commission (29/05/2024)

The Commission takes note of the judgments of the General Court upholding a 2013 Commission’s State aid decision. In its 2013 decision, the Commission concluded that a Spanish scheme for the purchase of ships involving leasing and financing through tax relief to be partly incompatible with EU State aid rules. The Commission found that the scheme conferred a selective advantage on economic interest groupings and their investors over their competitors. It therefore ordered Spain to recover the incompatible aid.
On 2 February 2023, the Court of Justice of the European Union largely upheld the Commission decision, while annulling it insofar as it only identified the economic interest groupings and their investors as beneficiaries of the aid.
In today’s judgment, the General Court ruled that remaining applications for annulment against the Commission’s 2013 decision were without object as regards the question of the identification of the indirect beneficiaries of the scheme and dismissed the remainder of the actions for annulment.
The judgments also confirm that the Commission was competent to ask Spain to set aside private contractual clauses which allowed beneficiaries of the aid scheme to shift the burden of recovery to third parties.

Fifty Years of the Brussels-New York Connection (05/06/2024)

The conference will look at transatlantic relations in competition policy and enforcement from three vantage points: our long and rich history, recent developments, and the implications of competition control for broader policy areas in Europe and the US.
Registrations are open for a limited time only!

Competition Policy Capacity Building Programme for Africa (18/04/2024)

The European Commission has launched its first pre-call for tender seeking experts to support the West African Economic and Monetary Union (UEMOA) and the Economic Community of West African States (ECOWAS / CEDEAO), thereby taking the first steps in the implementation of its €20 million Competition Policy Capacity Building Programme for Africa.

Commission approves €4 billion French State aid scheme to support decarbonisation measures in the manufacturing sector (24/05/2024)

The European Commission has approved a €4 billion French scheme to support measures aiming at reducing greenhouse gas emissions in the manufacturing sector and help it  transition towards a net-zero economy, in line with the Green Deal Industrial Plan. The scheme was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 and amended on 20 November 2023 and on 2 May 2024.

Commission approves €1.7 billion German State aid scheme to support rail freight transport operators providing single and group wagon transport (21/05/2024)

The European Commission has approved, under EU State aid rules, a €1.7 billion German scheme to support rail freight operators in single and group wagon transport. The measure will contribute to ensuring that the rail freight sector remains competitive while preserving the environmental performance of rail, in line with the objectives of the Commission's Sustainable and Smart Mobility Strategy and of the European Green Deal.

High-Level Group for the Digital Markets Act agrees to coordinate efforts to ensure that AI development aligns with the DMA objectives (23/05/2024)

On 22 May 2024, the High-Level Group for the Digital Markets Act convened for the third time in Brussels. During this meeting, the High-Level Group agreed on the need to coordinate enforcement and adopted a public statement on Artificial Intelligence.
See also High-Level Group for the Digital Markets Act Public Statement on Artificial Intelligence.

Commission fines Mondelēz €337.5 million for cross-border trade restrictions (23/05/2024)

The European Commission has fined Mondelēz International, Inc. (Mondelēz) €337.5 million for hindering the cross-border trade of chocolate, biscuits and coffee products between Member States, in breach of EU competition rules. The Commission remains committed to bringing down unjustified barriers to ensure a better functioning of the Single Market. Territorial supply constraints by suppliers are a type of non-regulatory barriers to a proper functioning of the Single Market. 
See also Remarks by Executive Vice-President Vestager.

DG Olivier Guersent interviewed by MLEX Khushita VASANT in a GWU podcast hosted by prof Aurelien Portuese (20/05/2024)

DG COMP's Director General Olivier Guersent was interviewed for Rivalry, the Innovation Podcast of the GW Competition & Innovation Lab. In the conversation, hosted by professor Aurelien Portuese, Olivier talked about a variety of topics, including his path to become the head of DG Competition, tech giants or the Digital Markets Act.

New issue of Competition Merger Brief (21/05/2024)

The first issue of 2024 includes the following articles: Viasat/Inmarsat; Microsoft/Activision Blizzard; Hitachi Rail/Thales GTS; and Novozymes/Chr. Hansen.

Commission designates Booking as a gatekeeper and opens a market investigation into X (13/05/2024)

The European Commission has today designated under the Digital Markets Act (DMA), Booking as a gatekeeper for its online intermediation service Booking.com and decided not to designate X Ads and TikTok Ads. In parallel, the Commission has opened a market investigation to further assess the rebuttal submitted in relation to the online social networking service X.

Caixabank v Commission (08/05/2024)

The Commission takes note of the judgments of the General Court upholding a 2013 Commission’s State aid decision. In its 2013 decision, the Commission concluded that a Spanish scheme for the purchase of ships involving leasing and financing through tax relief to be partly incompatible with EU State aid rules. The Commission found that the scheme conferred a selective advantage on economic interest groupings and their investors over their competitors. It therefore ordered Spain to recover the incompatible aid.
On 2 February 2023, the Court of Justice of the European Union largely upheld the Commission decision, while annulling it insofar as it only identified the economic interest groupings and their investors as beneficiaries of the aid.
In today’s judgments, the General Court ruled that remaining applications for annulment against the Commission’s 2013 decision were without object as regards the question of the identification of the indirect beneficiaries of the scheme and dismissed the remainder of the actions for annulment.
The judgments also confirm that the Commission was competent to ask Spain to set aside private contractual clauses which allowed beneficiaries of the aid scheme to shift the burden of recovery to third parties.
See also judgments Gas Natural v Commission as well as Duro Felguera v Commission.

Ryanair v Commission (Condor - Restructuring aid) (08/05/2024)

The European Commission takes note of today’s judgment of the General Court, which annuls the Commission’s decision of 26 July 2021, approving restructuring aid in favour of the German airline Condor. In particular, the General Court held that the Commission should have opened an in-depth investigation to ascertain whether the State would receive a reasonable share from future value gains of Condor. Furthermore, according to the General Court, the doubts that the Commission should have had necessarily affect its assessment of the scope of the measures to limit distortions of competition foreseen in its decision and that are applicable to Condor. The Commission will study the judgment carefully and reflect on possible next steps.
See also Curia's press release (in PDF format).

Antitrust in Labour Markets (03/05/2024)

Wage-fixing and no-poach agreements generally qualify as restrictions by object under Article 101(1) TFEU
While the pro-competitive effects of such agreements must be considered if demonstrated and significant, net efficiencies are uncertain and less restrictive means of achieving them are generally available
Most of the cases are likely to be dealt with by National Competition Authorities due to the geographic scope
However, the Commission is actively investigating cases in this sector and will remain coordinated within the European Competition Network.

"This is why we need competition policy" : watch the debate (16/05/2024)

On May 16th, the fifth episode of the Markets for People series (titled “This is why we need competition policy”) took place in Aarhus, Denmark. The event was moderated by Margrethe Vestager, Executive Vice-President for A Europe Fit for the Digital Age and Competition at the European Commission 
In case you missed it, you can watch the recorded debate (original version in Danish. Subtitles in English are available.)

Commission adopts limited prolongation of State aid crisis tools to further support agriculture and fisheries sectors (02/05/2024)

Today, the European Commission has adopted an amendment to the State aid Temporary Crisis and Transition Framework (TCTF) to prolong by six months certain provisions of the Framework aimed to address persisting market disturbances specifically in the agriculture and fisheries sectors.

Commission approves State aid to support construction of nuclear power plant in Czechia (30/04/2024)

The European Commission has approved, under EU State aid rules, a Czech support measure for the construction and operation of a new nuclear power plant in Dukovany in Czechia.

Commission approves €95.3 million Romanian restructuring State aid for airline TAROM (29/04/2024)

The European Commission has approved, under EU State aid rules, Romania's plans to grant the Romanian state-owned flag carrier TAROM restructuring aid for up to €95.3 million (RON 473.69 million). The measure will enable the company to restore its long-term viability while minimising competition distortions.

Commission sends Statement of Objections over proposed acquisition of Air Europa by IAG (26/04/2024)

The European Commission has informed International Consolidated Airlines Group, S.A. (‘IAG') of the Commission's preliminary view that IAG's proposed acquisition of sole control of Air Europa Holding, S.L. (‘Air Europa') may restrict competition in the market for passenger air transport services, in particular for routes within, to and from Spain. The Commission is concerned that customers may face increased prices and/or decreased quality of services after the transaction.

Commission designates Apple's iPadOS under the Digital Markets Act (29/04/2024)

The European Commission has today designated Apple with respect to iPadOS, its operating system for tablets, as a gatekeeper under the Digital Markets Act (“DMA”). Apple now has six months to ensure full compliance of iPadOS with the DMA obligations.

20 years of the European Competition Network (01/05/2024)

1st of May marked the 20 years of the European Competition Network (ECN) - a remarkable journey of cooperation to enforce EU Competition law.

​ The ECN was established to ensure consistent and effective enforcement of EU competition law across the Member States. This network has been a pivotal platform for communication among the Commission and national competition authorities (NCAs). Over the years, the ECN has created a robust framework for sharing insights, experiences, and best practices. This collaborative approach has been crucial in addressing the evolving challenges of the modern economy, from the rise of digital markets to supply chain disruptions caused by the pandemic and global events like the war in Ukraine.

Reflecting on two decades of success, it's clear that the ECN is a true success story. Its work must continue to be nurtured and protected as we move forward.

This is why we need competition policy (16/05/2024)

Next stop of DG Competition's Markets for People series of debates? Aarhus, in Denmark, on 16 May 2024. Executive Vice President Margrethe Vestager will be moderating the debate. Speakers are: Michael Svarer (Professor at the Department of Economics and Business Economics, Aarhus University); Jakob Hald (Director General, Danish Competition and Consumer Authority); Sofie Carsten Nielsen (Director, European Biosolutions Coalition); and Nina Z. Munch-Perrin (Anchor, DR Nyheder)
You can register now to participate in the debate live in Aarhus. Otherwise, the corresponding live stream will be available on the event-dedicated webpage.

Commission approves €300 million French State aid measure to support Nuward in researching and developing small modular nuclear reactors (26/04/2024)

The European Commission has approved, under EU State aid rules, a €300 million French measure to support Electricité de France's (EDF) subsidiary Nuward in researching and developing small modular nuclear reactors (‘SMRs'). The measure will contribute to the achievement of the strategic objectives of the European industrial strategy and the European Green Deal.

Commission carries out unannounced foreign subsidies inspections in the security equipment sector (23/04/2024)

The European Commission is carrying out unannounced inspections at the premises of a company active in the production and sale of security equipment in the European Union.
The Commission has indications that the inspected company may have received foreign subsidies that could distort the internal market pursuant to the Foreign Subsidies Regulation.

Video on EU Merger Control (22/04/2024)

2024 marks the 20th anniversary the EU Merger Regulation. To mark this anniversary, DG Competition held last week the conference "EU Merger Regulation 139/2004: 20 Years that Made a Difference". Furthermore, DG Competition also released this video to provide an explanation of what EU merger control policy is all about.

Competition and competitiveness in uncertain geopolitical times (26/04/2024)

Speech by EVP Vestager at the EU Competition Day,
Brussels, 26 April 2024.
[...] "I think we have made it clear that we will protect the Single Market. We will tackle distortive subsidies from wherever in the world they arise. But we will only act on the basis of clear evidence and in full respect of our international engagements and commitments." [...]

Hispavima v Commission (24/04/2024)

The Commission takes note of the judgment of the General Court upholding a 2013 Commission’s State aid decision. In its 2013 decision, the Commission concluded that a Spanish scheme for the purchase of ships involving leasing and financing through tax relief to be partly incompatible with EU State aid rules. The Commission found that the scheme conferred a selective advantage on economic interest groupings and their investors over their competitors. It therefore ordered Spain to recover the incompatible aid.
On 2 February 2023, the Court of Justice of the European Union largely upheld the Commission decision, while annulling it insofar as it only identified the economic interest groupings and their investors as beneficiaries of the aid.
In today’s judgment, the General Court ruled that one of the remaining applications for annulment against the Commission’s 2013 decision was without object as regards the question of the identification of the indirect beneficiaries of the scheme and dismissed the remainder of the action for annulment.
The judgment also confirms that the Commission was competent to ask Spain to set aside private contractual clauses which allowed beneficiaries of the aid scheme to shift the burden of recovery to third parties.

Commission seeks feedback on commitments offered by Vifor over possible anticompetitive disparagement of iron medicine (19/04/2024)

The European Commission invites comments on commitments offered by Vifor to address competition concerns over the alleged disparagement of its closest - and potentially only – competing treatment in Europe for intravenous iron treatment, Pharmacosmos' Monofer.

The Merger Regulation at 20: still standing tall (18/04/2024)

Speech by EVP Vestager at the Merger Regulation 20th Anniversary Conference,
Brussels, 18 April 2024.
[...] "And so like a tall and towering tree, the Merger Regulation has stood its ground, firmly rooted in the rule of law for the last 20 years. The secret to its success has been its robust but flexible framework. But we are on a constant learning curve, and always open to hear your feedback.
That said, I do think we have to be careful about tinkering with the basic framework of the Merger Regulation. Some are calling for some hard pruning to the tree. Others would like to see it chopped down altogether. If you ask me, I would prefer to see it continue to grow and blossom."

Competitive and resilient high-tech manufacturing base in Europe (16/04/2024)

Speech by EVP Vestager at the Orgalim 2024 reception,
Brussels, 16 April 2024.
[...] " what separates us from the next mandate is a lot more than just a few months. It is the distance between regulation, and its implementation. Because with regulation, you change perceptions. But with implementation, you change behaviours."

Heureka Group (18/04/2024)

The Commission takes note of today’s preliminary ruling of the Court of Justice in the Heureka case (C 605/21). The Court ruled against limitation rules like the former Czech rules in issue, which allowed the limitation period to start running before the conduct complained of had ceased and which did not allow that period to be suspended or interrupted while the European Commission was investigating the same allegedly anti-competitive conduct.
The Commission will study with care the detail of the ruling.
See also Curia's press release (in PDF format).

Svenska Bankföreningen and Länsförsäkringar Bank v Commission (17/04/2024)

The Commission takes note of today’s judgment of the General Court upholding a 2021 Commission State aid decision. In its decision, the Commission found that the tax on credit institutions notified by Sweden did not constitute State aid.
In its judgment, the General Court confirmed the Commission’s finding that the risk tax was not selective and, thus, did not amount to State aid.

Non-price competition in EU merger control (18/04/2024)

This issue focuses on non-price competition in EU merger control. It includes two artcles: (i) Non-Price Competition: EU Merger Control Framework and Case Practice; and (ii) Assessing Innovation Competition in Pharma Mergers.

Watch the debate of the conference "EU Merger Regulation 139/2004: 20 Years that Made a Difference" (18/04/2024)

To mark the twentieth anniversary of the EU Merger Regulation (Regulation 139/2004), DG Competition organised a conference that brought together leading experts to discuss and reflect on the impact of EU merger control over the last decades.
In case you missed it, you can watch the recorded debate of the full-day conference.