"Competition weekly e-news" Newsletter Issues

Antitrust and cartels (28/05/2021)

New Legislation
'What's new?'

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.

Mergers (28/05/2021)

New Legislation
'What's new?'

State aid (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 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.

Commission consults Member States on a limited prolongation of the State aid Temporary Crisis and Transition Framework to further support the agricultural sector (11/04/2024)

The European Commission has sent to Member States for consultation a draft proposal for a limited prolongation of the State aid Temporary Crisis and Transition Framework (‘TCTF') in order to allow continued support for the primary agricultural sector in view of the persisting market disturbances.

Commission approves Illumina's plan to unwind its completed acquisition of GRAIL (12/04/2024)

Today, the European Commission has approved, under the EU Merger Regulation (‘EUMR'), Illumina's plan to divest GRAIL following the restorative measures requiring Illumina to unwind its completed acquisition of GRAIL, which the Commission adopted in October 2023.

Commission approves €2.2 billion German State aid scheme to support the decarbonisation of industrial processes to foster the transition to a net-zero economy (10/04/2024)

The European Commission has approved a €2.2 billion German scheme to support investments in the decarbonisation of industrial production processes to foster the transition to 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, to support measures in sectors which are key to accelerate the green transition and reduce fossil fuel dependencies.

2023 State aid Scoreboard shows reduction in State aid expenditures in 2022 while crisis support to businesses continued (09/04/2024)

Today, the European Commission publishes the 2023 State aid Scoreboard relating to the State aid expenditure in 2022. It provides a comprehensive overview of State aid expenditure in the EU based on the reports provided by the Member States. The 2023 edition shows that, despite a strong reduction in State aid expenditure in 2022 compared to 2021, Member States continued to support companies affected by the crises provoked by the coronavirus pandemic and Russia's war against Ukraine.

Commission approves €267 million Slovak State aid measure to support Volvo Cars' new electric vehicle plant (08/04/2024)

The European Commission has found that Slovakia's €267 million measure in favour of Volvo Cars is in line with EU State aid rules. The investment aid will support the establishment of a new electric passenger vehicles production plant in Valaliky near Košice in Eastern Slovakia. The measure will contribute to the EU's strategic objectives relating to job creation, regional development and the European Green Deal.

Foreign Subsidies Regulation: updated Q&A page (09/04/2024)

The European Commission released an update to the Q&A on some of the most frequently asked questions about the Foreign Subsidies Regulation (FSR). The revamped page is an essential tool in case you wanted to know more about the FSR or you were seeking clarification to any of your doubts.

A lecture on technology and politics (09/04/2024)

Speech by EVP Vestager at the Institute for Advanced Study,
Brussels, 9 April 2024.
[...] " When it comes to digital, this is our 1955. And the policy choices we make today will shape how technology develops and how it is used, for decades to come.   
“This isn't a new weapon, it is a new world”. Indeed, just like nuclear decades ago, technology has the power to unfold a completely new world. But it is up to this world to decide what to make of technology. A weapon to diminish our humanity, and turn us against each other. Or, how I tend to see as a realist, a formidable source of human progress.."

Danske Slagtermestre v Commission (10/04/2024)

The Commission takes note of yesterday’s judgment of the General Court, which annuls a 2018 Commission decision which concluded that a 2013 reform of the Danish framework regulating charges for discharging waste water to a treatment plant did not constitute State aid.
The Commission will carefully study this judgment and reflect on possible next steps.

2023 Merger Simplification Package : Antitrust Writing Award for Best Soft Law (10/04/2024)

DG Competition's 2023 Merger Simplification Package received the Jury’s Choice Concurrences 2024 Antitrust Writing Award for Best Soft Law in Europe. The Simplification Package entered into force on 1 September 2023 introducing a significant step forward in enhancing efficiency and effectiveness within the framework of the EU Merger Regulation.
DG Competition wishes to thank all who have voted for the 2023 Merger Simplification Package, and to members of the Jury for granting this prestigious award.
More info on the Concurrences Antitrust Writing Awards.

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 is organising a conference that will bring together leading experts to discuss and reflect on the impact of EU merger control over the last decades.
The event will be a full-day conference with keynote speeches, panels and a fireside chat, involving contributors from DG Competition, National Competition Authorities, judges, competition enforcement practitioners, in-house counsels and academics on a wide range of topics related to the main theme.

EU-US hold fourth Joint Technology Competition Policy Dialogue (11/04/2024)

Today, European Commission Executive Vice-President Margrethe Vestager, US Federal Trade Commission (‘FTC') Chair Lina Khan and the Assistant Attorney General of the US Department of Justice Antitrust Division (‘DOJ') Jonathan Kanter met in Washington for the fourth meeting of the EU-US Joint Technology Competition Policy Dialogue (‘TCPD'). The purpose of the dialogue is to further strengthen the cooperation to ensure and promote fair competition in the digital economy.

Commission finds investment support to certain large Czech agricultural companies to be incompatible State aid (05/04/2024)

The European Commission has concluded that Czechia's investment support granted to certain large Czech agricultural companies in 2017 and 2018 is not in line with EU State aid rules. Czechia must now recover the incompatible State aid, including interest.

Commission approves €350 million German State aid scheme to support renewable hydrogen production (05/04/2024)

The European Commission has approved, under EU State aid rules, a €350 million German scheme to support the production of renewable hydrogen through the European Hydrogen Bank's “Auctions-as-a-Service” tool. The German measure is in line notably with the objectives of the REPowerEU Plan and the European Green Deal Industrial Plan. It will contribute to further reducing imports of Russian fossil fuels and fast forward the green transition.

Commission approves €1 billion Greek State aid measures to support renewable energy generation and storage projects (02/04/2024)

The European Commission has approved, under EU State aid rules, €1 billion Greek measures to support two projects for the generation and storage of renewable energy in Greece. The measures contribute to achieving Greece's climate and energy targets, as well as the objectives of the European Green Deal and 'Fit for 55' package, by enabling the integration of renewable energy sources in the Greek electricity system.

Commission opens two in-depth investigations under the Foreign Subsidies Regulation in the solar photovoltaic sector (03/04/2024)

The Commission launched two in-depth investigations under the Foreign Subsidies Regulation. The investigations relate to the potentially market distortive role of foreign subsidies given to bidders in a public procurement procedure. The Commission will assess whether the economic operators concerned did benefit from an unfair advantage to win public contracts in the EU.

Commission opens non-compliance investigations against Alphabet, Apple and Meta under the Digital Markets Act (25/03/2024)

The Commission has opened non-compliance investigations under the Digital Markets Act (DMA) into Alphabet's rules on steering in Google Play and self-preferencing on Google Search, Apple's rules on steering in the App Store and the choice screen for Safari and Meta's “pay or consent model”.
See also Remarks by Executive-Vice President Vestager and Commissioner Breton on the opening of non-compliance investigations under the Digital Markets Act.

Block exemption regulation on the application of Articles 93 and 108 of the Treaty to State aid for the land transport sector (06/03/2024)

The Commission is revising State aid rules applicable to sustainable land transport through the adoption of revised Railway Guidelines and a new Transport Block Exemption Regulation (‘TBER’). The TBER should enable Member States to grant least distortive forms of aid that contribute to a modal shift towards sustainable land transport, in line with the European Green Deal, without prior notification. Together, the TBER and the revised Railway Guidelines should constitute a comprehensive and simplified rulebook for State aid law in the field of sustainable land transport.

Commission approves €900 million French State aid scheme to support the production of energy and fuel from biomass and renewable hydrogen to foster the transition to a net-zero economy (27/03/2024)

The European Commission has approved a €900 million French scheme to support companies investing in the use of biomass and renewable hydrogen in energy and fuel production, to foster the 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, to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies.

Commission opens investigation into possible anticompetitive conduct by Zoetis over novel pain medicine for dogs (26/03/2024)

The European Commission has opened a formal antitrust investigation to assess whether animal health company Zoetis may have breached EU competition rules by preventing the market launch of a competing novel biologic medicine used to treat chronic pain in dogs.

Commission sends Statement of Objections over proposed acquisition of a stake in ITA Airways by Lufthansa (25/03/2024)

The European Commission has informed Deutsche Lufthansa AG (‘Lufthansa') and the Italian Ministry of Economy and Finance (‘MEF') of its preliminary view that their proposed acquisition of joint control of ITA Airways (‘ITA') may restrict competition on certain routes in the market for passenger air transport services in and out of Italy. The Commission is concerned that customers may face increased prices or decreased quality of services after the transaction.

Register for the upcoming Digital Markets Act Compliance Workshops! (26/03/2024)

On 7th March all designated Gatekeepers will have to comply with the DMA rules. The European Commission is organising this series of workshops to allow interested parties to ask for clarifications and give feedback on the proposed compliance solutions. The view of third parties is crucial to assess that gatekeepers’ compliance with the DMA is effective and that they deliver benefits, choices, and opportunities to everyone. So please join us to discuss their compliance solutions and ask your questions!
Next workshop: Microsoft, on March 26th.

Commission sends Statement of Objections to Kingspan for providing incorrect, incomplete and misleading information during merger investigation (19/03/2024)

The European Commission has sent a Statement of Objections to Kingspan alleging that the company provided incorrect, incomplete and misleading information during the 2021 Commission's investigation under the EU Merger Regulation (‘EUMR') of Kingspan's planned acquisition of Trimo. Kingspan ultimately abandoned the transaction.

Supporting markets of the energy transition (18/03/2024)

Speech by EVP Vestager at the Clean Energy Summit,
Brussels, 18 March 2024.
[...] " In conclusion, the green transition remains a ‘must'. The question is how we go about it, and here we must advocate for a market-driven approach, accompanied, where necessary, by targeted and proportionate public support.
Competition policy is part of the solution. It can support a cost-efficient transition, while ensuring that no one is left behind."

The new State aid enforcement notice : revised version (26/02/2024)

On 23 July 2021, the European Commission has adopted a new notice on the enforcement of EU State aid rules by national courts (the “New Enforcement Notice”). The New Enforcement Notice aims at providing: Concrete guidance on the enforcement of State aid rules at national level focusing on cases where private parties seek remedies for the unlawful implementation of aid (“private enforcement”); Clarifications on general principles applicable, also based on updated EU case law; Clarifications on the respective roles of the Commission and of the national courts (NCs); Guidance on the use of the cooperation tools between the NCs and the Commission. The New Notice takes stock of the results of a Study on the enforcement of State aid rules and decisions by national courts showing that remedies in State aid-related cases are still very uncommon.

Grupo Morera & Vallejo and DSA v Commission (20/03/2024)

The Commission takes note of the General Court’s judgment upholding a 2013 Commission State aid decision. In its 2013 decision, the Commission concluded 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. The Commission therefore ordered Spain to recover the incompatible aid.
On 2 February 2023, the Court of Justice of the EU 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 2013 Commission 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.
Today’s 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.

Digital Markets Act: your rights as business (12/03/2024)

The DMA opens the gates for you and your business!
Digital markets in the EU will be shaped by the rules of the Digital Markets Act, ensuring more opportunities, openness and fairness. As a business operating in the EU digital landscape, you can now benefit from this groundbreaking legislation.

Joint European Forum for IPCEI (11/03/2024)

The European Commission organized the inaugural high-level meeting of the Joint European Forum for Important Projects of Common European Interest (JEF-IPCEI) The forum brings together experts from Member States, EFTA states and the Commission services and aims to increase the effectiveness of IPCEIs and to identify relevant strategic technologies or infrastructures for potential future IPCEIs. Discussions at the meeting led to the establishment of a comprehensive work plan for 2024, with a focus on achieving tangible outcomes by year-end. Notably, participants explored the identification of new potential candidate technologies or infrastructures for future IPCEIs.

Commission approves €1.1 billion Italian State aid scheme to support investments in equipment necessary to foster the transition to a net-zero economy (08/03/2024)

The European Commission has approved a €1.1 billion Italian scheme to support investments for the production of equipment necessary to foster the 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, to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies.

Commission approves €3 billion Romanian State aid scheme to support onshore wind and solar photovoltaic installations to foster the transition to a net-zero economy (06/03/2024)

The European Commission has approved a €3 billion (RON 15.22 billion) Romanian scheme to support installations producing electricity from onshore wind and solar photovoltaic to foster the 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, to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies.

Designated gatekeepers must now comply with all obligations under the Digital Markets Act (07/03/2024)

As of March 7th, Apple, Alphabet, Meta, Amazon, Microsoft and ByteDance, the six gatekeepers designated by the Commission in September 2023, have to fully comply with all obligations in the Digital Markets Act (DMA).

Booking, ByteDance and X notify their potential gatekeeper status to the Commission under the Digital Markets Act (01/03/2024)

The European Commission has received notifications from Booking, ByteDance and X, about their services potentially meeting the Digital Markets Act (DMA) thresholds, which could make them subject to the new EU rules on gatekeeper platforms.

Commission fines Apple over €1.8 billion over abusive App store rules for music streaming providers (04/03/2024)

The European Commission has fined Apple over €1.8 billion for abusing its dominant position on the market for the distribution of music streaming apps to iPhone and iPad users (‘iOS users') through its App Store. In particular, the Commission found that Apple applied restrictions on app developers preventing them from informing iOS users about alternative and cheaper music subscription services available outside of the app (‘anti-steering provisions'). This is illegal under EU antitrust rules.
See also Remarks by Executive Vice-President Vestager.

Fallimento Esperia and GSE (07/03/2024)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union requested by the Italian Council of State (Consiglio di Stato) concerning the interpretation of Articles 107 and 108 TFEU in connection with the implementation of a green certificates scheme set out in Italian legislation which had not been previously notified to the Commission.
In its judgment the Court clarified that the measure in question appears to be imputable to the Italian State and the advantages it confers appear to be granted indirectly through State resources.
The Commission will carefully study the judgment including to assess its implications for its case practice.

Commission publishes 2023 Annual Competition Report (06/03/2024)

The European Commission has published the Annual Competition Report for 2023, presenting the key policy developments and legislative initiatives undertaken last year, as well as a selection of important enforcement actions.
The Annual Competition Report highlights the role of competition policy in protecting and empowering citizens and businesses and explains how a fit-for-purpose competition policy framework underpins the Commission's key political priorities towards a greener and increasingly digital economy, as well as an economy that works for people.
In response to a request from the European Council, the Report contains an overview and analysis of State aid decisions and their impact on competition in the Single Market and on EU competitiveness. In 2023, the Commission also started to apply new internal market enforcement tools, the Digital Markets Act and the Foreign Subsidies Regulation, complementing its competition policy toolbox.
An infographic, providing an overview of key milestones reached in 2023, is also available online.

Calls for contributions: Competition in Virtual Worlds and Generative AI (09/01/2024)

The European Commission has launched today two calls for contributions on competition in virtual worlds and generative artificial intelligence (‘AI') and sent requests for information to several large digital players.
Interested parties are invited to submit their responses to the calls for contributions by 11 March 2024. Interested parties may contribute to one of those two calls for contributions, or to both, as they wish.
See also the Commission's press release.

Article 102: The beating heart of antitrust in the EU (01/03/2024)

Speech by EVP Vestager at the Global Competition Law Centre, College of Europe, Bruges, 1 March 2024.
[...] " indeed, Article 102 is the beating heart of EU antitrust enforcement. Like any muscle, the heart must exercise to keep in shape. We have been exercising intensely and we will continue to do so. The Guidelines on exclusionary abuses will set the frame for future enforcement. We need to get them right. An important part of the exercise right now is to listen to the voices of academics and practitioners in the field." [...]

Commission approves €350 million Portuguese State aid scheme to support investments in equipment necessary to foster the transition to a net-zero economy (01/03/2024)

The European Commission has approved a €350 million Portuguese scheme to support investments for the production of equipment necessary to foster the 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, to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies.

Digital mergers: moving with the curve (29/02/2024)

Speech by EVP Vestager at the 22nd International Conference on Competition,
Berlin, 29 February 2024.
[...] " And so, as we are witnessing an upswing in digital M&A activity after the disruptive period of recent years, I believe that we are well equipped to rise to the challenge. We will continue to make sure that markets remain open and that tech giants keep facing competition. When needed, we will stop anticompetitive walls from being built. Because, as history teaches us, once a wall is built, it can take an awful long time to see it come down."

Denmark v Commission & Scandlines Danmark and Scandlines Deutschland v Commission (28/02/2024)

The Commission takes note of today’s judgments of the General Court that upheld in full a Commission decision of March 2020. In its 2020 decision, the Commission had approved Danish public financing of Fehmarn Belt fixed rail-road link.
In particular, the General Court confirmed that Femern A/S carries out economic activity, and that financing granted to it affects trade between Member States. The General Court also confirmed that that financing is compatible with the internal market.
See also judgment in case T-390/20 as well as Curia's press release (in PDF format).

Scandlines Danmark and Scandlines Deutschland v Commission (28/02/2024)

The Commission also takes note of today’s General Court judgment concerning a Commission decision of September 2018, in which the Commission found that certain measures to Femern A/S and A/S Femern Landanlæg were in line with State aid rules. By decision of June 2019, the Commission withdrew the contested decision insofar as it concerned Femern A/S. In October 2021, the Court of Justice confirmed that A/S Femern Landanlæg did not receive State aid.
In today’s judgment, the General Court found that, considering the withdrawal of the contested decision, it did not need to rule on the arguments concerning measures to Femern A/S. As regards the measures in favour of Femern Landanlæg A/S, another Danish public entity, which is entrusted with the rail hinterland connections in Denmark, the General Court dismissed the action on the ground that, inter alia, Femern Landanlæg A/S does not carry out an economic activity and, therefore, cannot be regarded as a beneficiary of aid.
See also Curia's press release (in PDF format).

Let’s Talk Competition, Episode 6 – Market Definition Notice: addressing today’s new market realities (29/02/2024)

The sixth episode of Let’s Talk Competition focused on the recently adopted Market Definition Notice and the changes it has introduced to reflect today’s new market realities, such as digitalisation, as well as the developments in the Commission’s case practice.
Three renowned experts took part in the discussion: Mr. Guillaume Loriot, DG Competition Deputy Director-General for Mergers; Ms. Aleksandra Boutin, Founding Partner of Positive Competition; Ms. Viktoria Robertson, Professor of Competition Law and Digitalisation at the Vienna University of Economics and Business. Ms. Natalie McNelis, MLex Senior Correspondent for mergers, moderated the debate.
You can now watch the recorded debate!

Training of national judges in EU competition law and judicial cooperation between national competition law judges (28/11/2023)

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.

Commission opens in-depth State aid investigation into French compensation to maritime transport companies (23/02/2024)

The European Commission has opened an in-depth investigation to assess whether the public service compensation granted to Corsica Linea and La Méridionale for the provision of maritime transport services to Corsica between 2023 and 2030 is in line with EU State aid rules.

Commission approves €1.3 billion German State aid measure partially funded under Recovery and Resilience Facility to support ArcelorMittal decarbonise its steel production through hydrogen use (23/02/2024)

The European Commission has approved, under EU State aid rules, a €1.3 billion German measure made available in part through the Recovery and Resilience Facility (‘RRF') to support ArcelorMittal Bremen and ArcelorMittal Eisenhüttenstadt in decarbonising part of their steel production processes. 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 fast forward the green transition, in line with the REPowerEU Plan.

Commission clears acquisition of Bolloré Logistics by CMA CGM, subject to conditions (23/02/2024)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Bolloré Logistics SE by CMA CGM S.A.. The approval is conditional upon full compliance with the commitments offered by the parties.

Commission approves joint venture between Orange and MásMóvil in Spain, subject to conditions (20/02/2024)

The European Commission has approved, under the EU Merger Regulation, the proposed creation of a joint venture by Orange and MásMóvil. The approval is conditional upon full compliance with a commitments package offered by Orange and MásMóvil.

Commission opens first in-depth investigation under the Foreign Subsidies Regulation (16/02/2024)

The Commission launched its first in-depth investigation into the potentially market distortive role of foreign subsidies, exercising its powers under the Foreign Subsidies Regulation. This investigation relates to a public procurement procedure. It shows the Commission's determination to preserve the internal market's integrity by ensuring that recipients of foreign subsidies cannot benefit from an unfair advantage to win public contracts in the EU, to the detriment of fair competition.

Making artificial intelligence available to all - how to avoid big tech's monopoly on AI? (19/02/2024)

Speech by EVP Vestager at the Renew Europe event at the European Parliament,
Brussels, 19 February 2024.
[...] " A second lesson we've learned is that digital markets are wide-reaching, sometimes affecting the economy in ways you might not have expected. So we have to look carefully at vertical integration and at ecosystems. We have to take account of the impact of AI in how we assess mergers. We even have to think about how AI might lead to new kinds of algorithmic collusion. [...]"

Mytilinaios v DEI and Commission (22/02/2024)

The Commission takes note of today’s judgment by the Court of justice of the EU which sets aside the judgment of the General Court of the EU of 22 September 2021, DEI v Commission (T-639/14 RENV, T-352/15 and T-740/17), whereby the General Court had annulled the Commission’s decisions finding that an arbitration award setting a tariff to be paid by Mytilinaios for the electricity it bought from DEI did not involve State aid.
In the judgment, the Court of justice shared the view of the Commission that the General Court erred in law in finding that the arbitration tribunal set up voluntarily by the parties in the premises of the Greek Energy Regulator could be treated in the same way as an ordinary court and that the arbitration award issued by that tribunal was a State measure capable of constituting State aid.
The Court of justice referred the cases back to the General Court, for the General Court to deal with remaining pleas raised by DEI in its application in first instance.

Telefónica Gestión Integral de Edificios y Servicios v Commission (21/02/2024)

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 two 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.
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.

The Foreign Subsidies Regulation – 100 days since the start of the notification obligation for concentrations (22/02/2024)

The Foreign Subsidies Regulation started to apply on 12 July 2023 and the obligation to notify certain large concentrations kicked in on 12 October 2023.
The policy brief provides statistics on notifications in the first 100 days since the start of the notification obligation, as well as clarifications on some recurring issues that have arisen in the context of notifications received, including how to properly categorise foreign financial contributions, the level of detail required to report those identified as most likely to distort the internal market, as well as how to interpret some of the exceptions included in the notification form for concentrations.

Let’s Talk Competition, Episode 6 – Market Definition Notice: addressing today’s new market realities (29/02/2024)

The sixth episode of Let’s Talk Competition will focus on the recently adopted Market Definition Notice and the changes it has introduced to reflect today’s new market realities, such as digitalisation, as well as the developments in the Commission’s case practice.
Three renowned experts will participate in the discussion: Mr. Guillaume Loriot, DG Competition Deputy Director-General for Mergers; Ms. Aleksandra Boutin, Founding Partner of Positive Competition; Ms. Viktoria Robertson, Professor of Competition Law and Digitalisation at the Vienna University of Economics and Business. Ms. Natalie McNelis, MLex Senior Correspondent for mergers, will moderate the debate.
The event will take place on 29 February 2024 at 13:00 (CET) and it will be webcasted on DG Competition website as well as in DG Competition YouTube channel. No registration is needed.