"Competition weekly e-news" Newsletter Issues

Commission adopts new Vertical Block Exemption Regulation and Vertical Guidelines (10/05/2022)

The European Commission has adopted today the new Vertical Block Exemption Regulation (‘VBER') accompanied by the new Vertical Guidelines, following a thorough evaluation and review of the 2010 rules. The revised rules provide businesses with simpler, clearer and up-to-date rules and guidance. The new rules will help them to assess the compatibility of their supply and distribution agreements with EU competition rules in a business environment reshaped by the growth of e-commerce and online sales. The revised VBER and Vertical Guidelines will enter into force on 1 June 2022.

Commission will phase out State aid COVID Temporary Framework (12/05/2022)

The European Commission will phase out the State aid COVID Temporary Framework, adopted on 19 March 2020 and last amended on 18 November 2021, enabling Member States to remedy a serious disturbance in the economy in the context of the coronavirus pandemic. The State aid COVID Temporary Framework will not be extended beyond the current expiry date, which is 30 June 2022 for most of the tools provided. The existing phase-out and transition plan will not change, including the possibility for Member States to provide specific investment and solvency support measures until 31 December 2022 and 31 December 2023 respectively, as already announced in November last year.

Commission approves €698 million Italian scheme to support the tourism sector in the context of coronavirus pandemic (11/05/2022)

The European Commission has approved a €698 million Italian scheme to support companies active in the tourism sector affected by the coronavirus pandemic. The scheme was approved under the State aid Temporary Framework and is included in the national Recovery and Resilience Plan.

Servizio Elettrico Nazionale and Others (12/05/2022)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union (‘ECJ’) in relation to the decision of 20 December 2018 by the Italian Competition and Markets Authority against Enel.
The ruling clarifies certain aspects of the concept of ‘abuse’ within the meaning of Article 102 TFEU. More specifically, the Court confirms the importance of assessing whether a dominant undertaking’s behaviour amounts to competition on the merits and how this should be interpreted, in particular when dominant undertakings enjoy advantages from a monopoly they previously held on a market. The Court also considers that a competition authority must show that the conduct of the dominant undertaking could adversely affect the effective competition structure on the market, without it being necessary to also show direct harm to consumers. Moreover, the Court recalls that it must be shown that the conduct is capable of producing the alleged exclusionary effects, and not that the desired result of the conduct has actually been achieved.
The Commission will carefully study the judgment.
See also Curia's press release (in PDF format).

Study on New Developments in Card-based Payment Markets, Including as Regards Relevant Aspects of the Application of the Interchange Fee Regulation (08/04/2022)

The subject of this call for tenders is a study on new market developments in card-based payment markets, including on digital solutions such as mobile wallets that rely on cards for payment transactions. The study will also provide a detailed assessment of key elements of the conclusions and recommendations of the Commission Report to the European Parliament and the Council of 29 June 2020 on the effects of the Interchange Fees Regulation.
Reference number: COMP/2022/OP/0002
Deadline: 16/05/2022 16:00.

Commission seeks feedback on proposed simplification measures regarding merger procedures (06/05/2022)

The European Commission has launched today a public consultation inviting all interested parties to comment on the draft revised Merger Implementing Regulation and the Notice on Simplified Procedure.

Commission approves German umbrella scheme to support companies in context of Russia's invasion of Ukraine (04/05/2022)

The European Commission has approved a German umbrella scheme with a budget of around €11 billion to support companies across sectors in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.

Commission sends Statement of Objections to Apple over practices regarding Apple Pay (04/05/2022)

The European Commission has informed Apple of its preliminary view that it abused its dominant position in markets for mobile wallets on iOS devices. By limiting access to a standard technology used for contactless payments with mobile devices in stores (‘Near-Field Communication (NFC)' or ‘tap and go'), Apple restricts competition in the mobile wallets market on iOS.
See also Margrethe Vestager's remarks.

Wizz Air Hungary v Commission (TAROM) (04/05/2022)

The Commission takes note of the judgment of the General Court dismissing Wizz Air’s action for annulment against a 2020 Commission decision. In its decision, the Commission approved rescue aid of approximately €36.7 million granted by Romania to the airline TAROM.
In its judgment, the General Court fully upheld the Commission’s assessment and decision. In particular, it confirmed that the measure aimed at preventing the social hardship that a disruption of TAROM’s services might cause for the connectivity of regions in Romania and thus was in line with EU State aid rules and compatible with the internal market.
Furthermore, the General Court confirmed the expiry of a period of at least 10 years from the granting of earlier restructuring aid to the airline, as provided in the Commission's Guidelines on rescue and restructuring aid (the so-called “one time, last time” principle). In particular, it clarified that the period during which the restructuring measures are implemented is in principle different from the period during which the restructuring aid itself is implemented.
See also Curia's press release (in PDF format).

Larko v Commission (04/05/2022)

The Commission takes note of the judgment of the General Court dismissing Larco’s appeal against a 2014 Commission decision. In its decision, the Commission found that, among others, a public guarantee granted to Larco in 2008 constituted incompatible State aid and ordered recovery of the aid.
In its judgment, the General Court upheld the Commission’s finding that the aid was not granted at market conditions and thus conferred an advantage to the company.

A new age of international cooperation in competition policy (05/05/2022)

Speech of Executive Vice-President Vestager,
ICN Annual Conference, Berlin,
5 May 2022.
[...]"Because ultimately, competition policy is about more than just ‘prices', ‘barriers to entry' or ‘market share'. It is about prosperity. It is about openness and it is about freedom." [...]

Commission approves €169 million Spanish scheme to support milk producers in context of Russia's invasion of Ukraine (28/04/2022)

The European Commission has approved a €169 million Spanish scheme to support the milk producers sector in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

Commission approves €700 million French scheme to support research, development and innovation projects across all sectors (27/04/2022)

The European Commission has approved, under EU State aid rules, a €700 million French scheme to support research, development and innovation projects by companies of all sizes and active across all sectors. This measure is part of the “France 2030” recovery program that aims to develop industrial competitiveness and future technologies, in order to enhance economic recovery in the aftermath of the coronavirus pandemic. The scheme also contributes to the EU's strategic objectives relating to the digital and green transitions.

Commission approves €18 million Irish scheme to support the road haulage sector in the context of Russia's invasion of Ukraine (27/04/2022)

The European Commission has approved an €18 million Irish scheme to support the road haulage sector in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

Commission approves €2 billion Italian scheme under the Recovery and Resilience Facility to support roll out of 5G mobile networks (25/04/2022)

The European Commission has approved, under EU State aid rules, a €2 billion Italian scheme made available through the Recovery and Resilience Facility (‘RRF') to roll out high-performing 5G mobile networks. The measure is part of Italy's strategy to address the needs of citizens and businesses in the context of the digitalisation of the country. The scheme also contributes to the EU's strategic objectives relating to the digital transition.

Commission approves €130 million Lithuanian scheme to support companies affected by discriminatory trade restrictions (26/04/2022)

The European Commission has approved, under EU State aid rules, a €130 million Lithuanian scheme to support and facilitate access to finance by companies affected by the exceptional circumstances resulting from China's discriminatory trade restrictions on Lithuania.

Piltenes meži (28/04/2022)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union. In its judgment, the Court held that compensation granted by a Member State to an economic operator due to the establishment of micro-reserves in forest areas falls under the scope of Article 30(6) of Regulation (EU) No 1305/2013 and confers an advantage capable of constituting State aid.
In addition, the Court clarified that this form of support, which might be considered compatible with the internal market under Article 36 of Regulation (EU) No 702/2014, shall not be granted to undertakings in difficulty.

Flašker v Commission (27/04/2022)

The Commission takes note of the judgment of the General Court partially annulling a 2020 Commission decision. In its decision, the Commission found that four alleged aid measures in favour of Lekarna Ljubljana, a public pharmacy in Slovenia, did not constitute incompatible State aid. At the same time, it rejected several allegations raised in a complaint lodged by a private pharmacy operator.
In its judgment, the General Court annulled the Commission’s decision on one of the four measures assessed concerning assets granted under management to Lekarna Ljubljana, while it upheld the Commission’s assessment in relation to the other three measures.
We will carefully study the judgment and reflect on possible next steps.

Commission approves €7 billion French scheme to support investment towards a sustainable recovery (21/04/2022)

The European Commission has approved a €7 billion French scheme aimed at providing investment support towards a sustainable recovery. The scheme was approved under the State aid Temporary Framework.

Commission approves €20 billion German scheme to support companies in context of Russia's invasion of Ukraine (19/04/2022)

The European Commission has approved an up to €20 billion German scheme to support companies active in all sectors in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.

Commission approves €836 million Polish scheme to support agricultural sector in context of Russia's invasion of Ukraine (19/04/2022)

The European Commission has approved a €836 million (PLN 3.9 billion) Polish scheme to support the agricultural sector in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.

Commission approves €250 million Portuguese measure under the Recovery and Resilience Facility to further capitalise Banco Português de Fomento (11/04/2022)

The European Commission approved, under EU State aid rules, a €250 million Portuguese aid measure, made available through the Recovery and Resilience Facility ('RRF'), to further capitalise the country's promotional institution Banco Português de Fomento ('BPF'). The measure aims to develop the Portuguese economy by facilitating access to finance, particularly for small and medium enterprises (‘SMEs') affected by the coronavirus pandemic, and thus boosting competitiveness and job creation in the long-term. The scheme also contributes to the EU's strategic objectives relating to the green and digital transitions, as well as to economic cohesion, productivity and competitiveness.

Statement by Executive Vice-President Vestager on the decision by Kingspan and European Architectural Systems to abandon the proposed transaction involving the purchase of Trimo (22/04/2022)

The European Commission takes note of the decision by Kingspan and European Architectural Systems (i.e. the parent company of Trimo) to terminate their proposed agreement according to which Kingspan intended to acquire sole control over Trimo.

Commission approves Parker's acquisition of Meggitt, subject to conditions (11/04/2022)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Meggitt by Parker. The approval is conditional on full compliance with commitments offered by Parker.

Public consultation on the draft revised Horizontal Block Exemption Regulations and Horizontal Guidelines (01/03/2022)

On 1 March 2022, the Commission published drafts of the revised R&D and Specialisation Block Exemption Regulations (together ‘HBERs’) and Horizontal Guidelines for stakeholder comments.
See also the EC press release.

Commission approves French liquidity scheme to support companies in context of Russia's invasion of Ukraine (07/04/2022)

The European Commission has approved a French scheme that enables up to €155 billion in liquidity support for companies across all sectors in the context of Russia's invasion of Ukraine. The scheme is the first approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

Commission opens in-depth investigation into proposed acquisition of Pfleiderer Polska by Kronospan (05/04/2022)

The European Commission has opened an in-depth investigation to assess the proposed acquisition of Pfleiderer Polska by Kronospan, under the EU Merger Regulation. The Commission is concerned that the merger may reduce competition for the supply of various types of woodboard panels in Poland and neighbouring regions.

Whistle-blower Communication Tools: updated section in our website (05/04/2022)

Our section on whistle-blower communication tools has been updated. Knowledge of cartels or other antitrust infringements can be shared anonymously with the Commission to help detect, stop and punish such infringements.

Autonome Provinz Bozen (07/04/2022)

In Joined Cases C- 102/21 and C- 103/21, the Court of Justice ruled that the aid scheme at issue was no longer in force when the Autonomous Province of Bolzano granted subsidies to the two appellants. Moreover, the Court clarified that according to Article 108(3) TFEU, it is not for the Commission to request the Member State to recover unlawful aid, within the meaning of Article 1(f) of Council Regulation (EU) 2015/1589.

Solar Ileias Bompaina v Commission (07/04/2022)

In Case C- 429/20 P, the Court of Justice ruled that in Case T-143/19 the General Court did not err in assigning the appellant (Solar Ileias Bompaina) the status of an interested party, nor did it err in dismissing the appeal as inadmissible.

Mead Johnson Nutrition (Asia Pacific) and Others v Commission (06/04/2022)

The Commission takes note of the judgement of the General Court upholding a substantial part of the 2018 Commission State aid decision concerning some aspects of the Gibraltar tax regime.
In its judgment, the General Court upheld the Commission’s finding that the tax exemption for passive interest and royalty income applicable to some Gibraltar-based companies constituted unlawful State aid. At the same time, the Court partially annulled the Commission decision on procedural grounds in so far as it states that the individual aid granted by the Government of Gibraltar to the applicant MJN Holdings on the basis of an advance tax ruling amounted to illegal and incompatible State aid.

Competition and regulation in disrupted times (31/03/2022)

Speech by Executive Vice-President Vestager,
CRA annual conference, Brussels,
31 March 2022.
[...] "Because being challenged is fully in the spirit of what competition law is about. And it is in that spirit, I'm announcing today that in the coming months we are going to launch an evaluation of Regulation 1/2003, the central plank of our antitrust enforcement framework." [...]

Airfreight cartel (30/03/2022)

The Commission takes note of the judgments of the General Court dismissing most of the actions brought by air cargo carriers against a 2017 Commission decision. In its 2017 decision, the Commission imposed a total fine of nearly €800 million on 11 air cargo carriers for operating a price-fixing cartel in the airfreight services market.
In its judgments, the General Court largely confirmed the Commission's assessment and decision as well as its jurisdiction to prosecute international cartels.
The Commission also takes note of the General Court’s decision to reduce the amount of the fine imposed on Japan Airlines, Air Canada, British Airways, Cathay Pacific, SAS and LAN. Overall, the fine was decreased by about €45 million.
See also:

• Curia's press release (in pdf format)
• Full text of judgments T-323/17, T-324/17, T-325/17, T-326/17, T-334/17, T-337/17, T-338/17, T-340/17, T-341/17, T-342/17, T-343/17, T-344/17 and T-350/17

Commission partially refers acquisition of a part of McKesson by Phoenix to France's competition authority and clears proposed merger outside France (30/03/2022)

The European Commission has partially referred the proposed acquisition of a part of McKesson by Phoenix to the French competition authority (‘Autorité de la concurrence'), at its request. The Commission has approved unconditionally, under the EU Merger Regulation, the proposed transaction outside France. The Commission concluded that the transaction would raise no competition concerns in other markets in the European Economic Area.

Commission confirms unannounced inspections in the natural gas sector in Germany (31/03/2022)

On 29 March 2022, the European Commission carried out unannounced inspections at the premises of several companies in Germany active in the supply, transmission and storage of natural gas.

Remarks by Executive Vice-President Vestager for the political agreement on the Digital Markets Act (25/03/2022)

[...] "The political agreement today has also brought changes to the governance structure, for example with a bigger involvement of national competition authorities in the investigative parts of the Digital Markets Act." [...]
See also the Commission's press release.

Commission adopts Temporary Crisis Framework to support the economy in context of Russia's invasion of Ukraine (23/03/2022)

The European Commission has adopted a Temporary Crisis Framework to enable Member States to use the flexibility foreseen under State aid rules to support the economy in the context of Russia's invasion of Ukraine.

Commission approves €209 million Hungarian aid for construction of SK On Hungary's electric vehicle battery plant (22/03/2022)

The European Commission has found that Hungary's €209 million measure in favour of SK On Hungary is in line with EU State aid rules. The investment aid will support the construction of a new battery cell manufacturing plant in the Közép-Dunántúl region. The aid will also contribute to the development of the region and job creation, whilst preserving competition.

Commission approves 2022-2027 regional aid map for Ireland (22/03/2022)

The European Commission has approved under EU State aid rules Ireland's map for granting regional aid from 1 January 2022 to 31 December 2027 within the framework of the revised Regional aid Guidelines.

Commission approves €2 billion Austrian scheme under Recovery and Resilience Facility to support roll out of broadband networks (21/03/2022)

The European Commission has approved, under EU State aid rules, a €2 billion Austrian aid scheme made available through the Recovery and Resilience Facility (‘RRF') to roll out passive infrastructure for fixed broadband access networks in areas of the country where there is no current or planned network able to provide at least 100 megabits per second (Mbps) download speed. The measure is part of Austria's strategy to address the needs of citizens and businesses in the context of the digitalisation of the country. The scheme also contributes to the EU's strategic objectives relating to the digital transition.

Commission approves €120 million Spanish scheme under Recovery and Resilience Facility to support sustainable rail freight transport (21/03/2022)

The European Commission has approved, under EU State aid rules, a €120 million Spanish scheme made available through the Recovery and Resilience Facility ('RRF') to encourage freight traffic to shift from road to sustainable rail transport. The measure will also contribute to improving the environmental performance of rail transport, in line with the objectives of the Commission's Sustainable and Smart Mobility Strategy and the European Green Deal.

Hermann Albers v Commission & GVN v Commission (24/03/2022)

The Commission takes note of the judgments of the Court of Justice of the European Union dismissing GVN’s and Hermann Albers’ appeals against two 2020 judgments of the General Court. In its judgments, the General Court dismissed the applicants’ actions for annulment against a 2018 Commission State aid decision. In its decision, the Commission found that compensation payments granted to public transport undertakings for discounts offered to students and trainees under a national legislative amendment (i.e. Section 7a Niedersächsisches Nahverkehrsgesetz) did not constitute State aid.
In its judgment, the Court of Justice confirmed that the legislative amendment, laying down rules on the financial transfers from the Land to the competent local authorities in relation to the transport of students and trainees with a season ticket, did not qualify as State aid. In particular, the Court of Justice upheld the General Court’s finding that the measure did not amount to a transfer of state resources to an undertaking but merely to a financial transfer between different levels of the State administration.
See also the Court's judgment in GVN v Commission (C-666/20 P).

Nordzucker e.a & bpost (22/03/2022)

The Commission takes note of the preliminary rulings of the Court of Justice of the European Union. In its judgments, the Court clarified the scope of protection afforded by the prohibition against double jeopardy laid down in Article 50 of the Charter of Fundamental Rights of the European Union (i.e. ne bis in idem principle) in the area of competition law.
See also:

• Bpost judgment.
• Curia's press release (in pdf format).

Competition policy: where we stand and where we're going (25/03/2022)

Speech by EVP Margrethe Vestager,
Bruges, 25 March 2022
[...] "I am convinced that, when the clouds of war finally lift, the work we put into preserving and strengthening our Single Market will equip us with the means to show the world that our path based on open trade and fair competition is truly better." [...]

COMP papers nominated for Antitrust Writing Awards 2022 (04/02/2022)

We are pleased to announce that a number of DG COMP colleagues have written papers which have been nominated in the Concurrences Antitrust Writing Awards 2022. The two nominated articles fall under the “Soft Law” category. 

• Concerted Practices: "Competition policy in support of Europe's green ambition";
• Cross-Border Issues: "Proposal for a regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market".

Commission approves €95 million Polish aid for expansion of LG Chem's electric vehicles battery plant (18/03/2022)

The European Commission has found that Poland's €95 million measure in favour of LG Chem Group (‘LG Chem') is in line with EU State aid rules. The investment aid will support the expansion of LG Chem's battery cell production facility for electric vehicles in the Polish Dolnośląskie region. The aid will also contribute to the development of the Dolnośląskie region, whilst preserving competition.

Commission approves 2022-2027 regional aid map for Spain (17/03/2022)

The European Commission has approved under EU State aid rules Spain's map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines.

Commission approves €1.4 billion Czech scheme to compensate energy-intensive companies for indirect emission costs (16/03/2022)

The European Commission has approved, under EU State aid rules, a Czech scheme to partially compensate energy-intensive companies for higher electricity prices resulting from indirect emission costs under the EU Emission Trading System.

Commission approves €2.9 billion Spanish scheme to compensate energy-intensive companies for indirect emission costs (16/03/2022)

The European Commission has approved, under EU State aid rules, a Spanish scheme to partially compensate energy-intensive companies for higher electricity prices resulting from indirect emission costs under the EU Emission Trading System.

Commission carries out unannounced inspections in the automotive sector (15/03/2022)

On 15 March 2022, the European Commission has conducted unannounced inspections at the premises of companies and associations active in the automotive sector located in several Member States. In parallel, the Commission has sent out formal requests for information to several companies active in the automotive sector.

Commission approves acquisition of MGM by Amazon (15/03/2022)

The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of MGM Holdings Inc. by Amazon.com Inc. The Commission concluded that the transaction would raise no competition concerns in the European Economic Area.

The review of the Notice on the enforcement of State aid rules before national courts (17/03/2022)

The European Commission has adopted a new notice on the enforcement of State aid rules by national courts. The New Enforcement Notice replaces the 2009 Enforcement Notice, providing updated practical guidance for national judges facing private claims to remedy the unlawful granting of State aid, i.e. without a prior Commission approval or an exemption from notification.

Commission statement on consulting Member States on a proposal for a Temporary Crisis Framework to support the economy in context of Russia's invasion of Ukraine (10/03/2022)

Today, the European Commission has sent to Member States for consultation a draft proposal for a State aid Temporary Crisis Framework to support the EU economy in the context of Russia's invasion of Ukraine. The draft proposal is based on Article 107(3)(b) TFEU, which allows aid to be granted to remedy a serious disturbance across the EU economy.

Commission opens investigation into possible anticompetitive conduct by Google and Meta, in online display advertising (11/03/2022)

The European Commission has opened a formal antitrust investigation to assess whether an agreement between Google and Meta (formerly Facebook) for online display advertising services may have breached EU competition rules.

Commission opens in-depth investigation into Greek support measures in favour of postal operator Hellenic Post (ELTA) (10/03/2022)

The European Commission has opened an in-depth investigation to assess whether certain Greek support measures in favour of ELTA are in line with EU State aid rules.

Commission approves 2022-2027 regional aid map for Luxembourg (07/03/2022)

The European Commission has approved under EU State aid rules Luxembourg's map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines.

Commission v Freistaat Bayern (10/03/2022)

The Commission takes note of today’s judgment of the Court of Justice of the European Union rejecting the Commission’s joint appeals against two 2018 judgments of the General Court. In its judgments, the General Court annulled a 2015 State aid decision on procedural grounds. In its 2015 decision, the Commission found that support granted to German dairy companies for milk quality control tests constituted incompatible State aid and ordered recovery of the aid.
The Commission will carefully study the judgment and reflect on possible next steps.

Public consultation on revised State aid rules for the agricultural and forestry sectors and in rural areas (11/01/2022)

The Commission is publishing for consultation the draft Agricultural Block Exemption Regulation (ABER) and the revised draft Guidelines on State aid for the agricultural and forestry sectors and in rural areas.
See also the corresponding EC press release.

Public consultation on revised State aid rules for the fishery and aquaculture sector (11/01/2022)

The Commission is publishing for consultation the draft fishery and aquaculture Block Exemption Regulation (FIBER), the draft amendment of the fishery and aquaculture de minimis Regulation and the revised draft Guidelines on State aid for the fishery and aquaculture sector.
See also the corresponding EC press release.

Rail transport – revision of State aid guidelines : Public consultation (22/12/2021)

A recent fitness check (evaluation) of the State aid rules for the rail sector confirmed that they are outdated and need a full review.
See also the corresponding press release.

Fair and Open Trade in Europe and beyond (07/03/2022)

Speech by Executive Vice-President Margrethe Vestager,
High Level Conference on Trade Policy and European Strategic Autonomy,
. Paris, 7 March 2022.
[...] "Because such [foreign] subsidies can distort the level playing field, we have been building for 60 years through our State aid control. This is not about protectionism; it's about ‘fairness. Our proposal strikes a careful balance between effectiveness and the burden it creates. And it respects the balance between our own State aid rules and our international commitments, making sure everyone is treated fairly on the Single Market." [...]

Commission consults stakeholders on sustainability agreements in agriculture (03/03/2022)

The European Commission is inviting stakeholders such as primary producers, processors, manufacturers, wholesalers, retailers and input providers to share their experience with agreements aimed at achieving sustainability objectives in the agri-food supply chains. The feedback will help the Commission to draft guidelines on a new derogation exempting sustainability agreements in the field of agriculture from competition rules under certain conditions.

Commission invites comments on draft revised rules on horizontal cooperation agreements between companies (01/03/2022)

The European Commission has launched today a public consultation inviting all interested parties to comment on two draft revised Horizontal Block Exemption Regulations on Research & Development (“R&D”) and Specialisation agreements (“R&D BER” and “Specialisation BER” respectively, together “HBERs”) and the draft revised Horizontal Guidelines.

Commission approves 2022-2027 regional aid map for Malta (03/03/2022)

The European Commission has approved under EU State aid rules Malta's map for granting regional aid from 1 January 2022 to 31 December 2027, within the framework of the revised Regional aid Guidelines.

Commission approves €687 million Italian scheme to compensate commercial rail passenger operators for the damage suffered due to the coronavirus pandemic (02/03/2022)

The European Commission has approved, under EU State aid rules, €687 million Italian support to compensate providers of commercial long-distance rail passenger services for the damage suffered during the period between 1 July 2020 and 30 April 2021 due to the coronavirus pandemic and the restrictive measures that Italy had to implement to limit the spread of the virus.

Commission approves €2 billion Hungarian investment support scheme towards a sustainable recovery (02/03/2022)

The European Commission has approved a €2 billion Hungarian scheme aimed at providing investment support towards a sustainable recovery. The scheme was approved under the State aid Temporary Framework.

Huhtamaki v Commission (02/03/2022)

The Commission takes note of the General Court's judgment upholding Huhtamäki’s appeal against a 2019 Commission decision. In its decision, the Commission refused to grant Huhtamäki access to certain documents forming part of the administrative file of the State aid investigation into Huhtamäki’s tax treatment in Luxembourg.
The Commission will carefully study the judgment and reflect on possible next steps.
The judgment does not prejudge the outcome of the formal investigation into the tax treatment of Huhtamäki in Luxembourg.

Modelling the macroeconomic impact of competition policy 2021 update and further development, (02/03/2022)

[...] "The report presents the results of the macroeconomic impact of competition policy interventions by the European Commission using the QUEST III macro-model of the EU economy and an EU-wide input-output model. The simulations make use of the information provided by DG Competition on the European Commission’s merger interventions and cartel prohibitions as well as preliminary data on antitrust interventions other than cartels." [...]

DG COMP proposals to amend the R&D Horizontal Block Exemption Regulation: A review on behalf of the publicly funded Research Organisation (PRO) & University sector (01/03/2022)

[...] "This report assesses the ability of the proposed policy options to ensure that the rules of the R&D BER and the Horizontal Guidelines do not discourage the participation of research institutes and/or academic bodies in R&D cooperation agreements that do not raise competition concerns. The report welcomes proposals for added clarification in both an updated BER and its Guidelines as being necessary, such as around certain temporal and material aspects." [...]

Specialisation agreements and SMEs (01/03/2022)

[...] "This report reviews the treatment of specialisation agreements under EU competition rules, exploring if and how these rules hinder procompetitive cooperation between small and medium-sized enterprises (“SMEs”), either among them or with larger undertakings." [...]

Incorporating Sustainability into an Effects-Analysis of Horizontal Agreements (01/03/2022)

[...] "Expert advice on the assessment of sustainability benefits in the context of the review of the Commission Guidelines on horizontal cooperation agreements." [...]

R&D cooperation agreements Exempted under the EU R&D concluded by SMEs – Block Exemption Regulation? (01/03/2022)

[...] "The report [...] discusses three possible tests to identify R&D cooperation agreements between competing SMEs that should be exempted under the R&D BER." [...]

Horizontal Guidelines on purchasing agreements: Delineation between by object and by effect restrictions (01/03/2022)

[...] "This Report provides advice to the European Commission on the delineation between restrictions of competition by object on the one hand and by effect on the other in the context of joint purchasing agreements. It examines judgments, decisions and guidance on buyer cartels and joint purchasing and negotiation agreements, both within the EU and in third countries around the world. The Report defines what is meant by a ‘buyer cartel’ and by ‘joint purchasing’, and makes a number of suggestions for the framework of analysis for determining whether such agreements restrict competition by object or by effect." [...]