"Competition weekly e-news" Newsletter Issues

Commission approves 2022-2027 regional aid map for Cyprus (21/02/2022)

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

Commission clears the merger of Cargotec with Konecranes, subject to conditions (24/02/2022)

The European Commission has approved, under the EU Merger Regulation, the proposed merger between Cargotec and Konecranes. The approval is conditional on the divestiture of certain businesses.

Commission finds that Hungary's veto over the acquisition of AEGON's Hungarian subsidiaries by VIG breached Article 21 of the EU Merger Regulation (21/02/2022)

The European Commission has concluded that Hungary's decision to veto the acquisition of the Hungarian subsidiaries of the AEGON Group by Vienna Insurance Group AG Wiener Versicherung Gruppe (VIG) breached Article 21 of the EU Merger Regulation (EUMR), which confers upon the Commission exclusive competence for concentrations having Union dimension.

United Parcel Service v Commission (23/02/2022)

The Commission takes note of today’s judgments of the General Court dismissing UPS’s and ASL’s claims for damages against the Commission.
UPS’ and ASL’s claims stem from a 2013 Commission decision prohibiting the acquisition of TNT Express by UPS, which was annulled by the General Court in 2017 on the ground of a procedural irregularity. Those findings were subsequently upheld by the Court of Justice in 2019.
See also Curia's joint press release (in PDF) for cases T-834/17 and T-540/18.

Shared objectives for framing the tech economy (22/02/2022)

Speech of Executive Vice-President Margrethe Vestagar,
The Riesenfeld Award ceremony – Berkeley, California,
22 February 2022. [...] "we have launched the new Technology Competition Policy Dialogue, which builds on our longstanding tradition of cooperation. The EU and the US may not end up with the exact same laws, but it is becoming increasingly clear that we share the same basic vision when it comes to developing digital policy to protect our citizens, and to keep our markets fair and open." [...]

The use of COVID-19 related State aid measures by EU Member States – First semester 2021 update (23/02/2022)

The first issue in 2022 of the Competition State Aid Brief in the first half of 2021 State aid expenditure increased significantly for Member States most hit by second and later waves of the COVID-19 outbreaks, while the spending rate has slowed down in the Member States most hit by the first wave, with the exception of Italy and Spain.

Commission seeks feedback on commitments offered by Insurance Ireland concerning access to its data sharing platform (25/02/2022)

The European Commission invites comments on commitments offered by Insurance Ireland, an association of Irish insurers, to address competition concerns regarding access to its Insurance Link information exchange system.

Africa-EU Competition Week (14/02/2022)

The Africa-EU Competition Week will take place online over the course of five days, from 14 to 23 February 2022.
Leading academics, practitioners and officials from EU institutions, EU Member States and African officials will take part in the event, which will cover a wide range of topics, including policy and enforcements in the field of cartels, abuse of dominance, mergers and State aid.
Up to 100 participants from African public sector bodies, including national, regional and African Union-level institutions, are expected to join the event.

Additional public consultation on proposed guidance relating to information exchange in the context of dual distribution, intended to be added to the Vertical Guidelines (04/02/2022)

The present consultation is a targeted additional consultation, in the context of the ongoing review of the Vertical Block Exemption Regulation (“VBER”) and Vertical Guidelines. It concerns proposed guidance relating to information exchange in the context of dual distribution.

Draft Guidelines on collective bargaining of self-employed (09/12/2021)

The draft Guidelines aim to ensure that competition law does not stand in the way of collective agreements to improve the working conditions of certain self-employed persons, who may have little influence over their working conditions, while guaranteeing that consumers and SMEs continue to benefit from competitive prices and innovative business models, including in the digital economy.

Commission approves 2022-2027 regional aid map for Portugal (08/02/2022)

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

Commission refers UK to EU Court of Justice over a UK Judgment allowing enforcement of an arbitral award granting illegal State aid (09/02/2022)

The Commission has decided to refer the United Kingdom to the Court of Justice of the European Union in relation to a judgment of its Supreme Court of 19 February 2020 allowing enforcement of an arbitral award ordering Romania to pay compensation to investors, despite a Commission decision having found that the compensation infringed EU State aid rules.

Sped-Pro v Commission (09/02/2022)

The Commission takes note of today’s judgment of the General Court upholding Sped-Pro’s appeal against a 2019 Commission decision. In its decision, the Commission rejected Sped-Pro’s complaint concerning alleged anticompetitive behaviour of PKP Cargo on the Polish rail freight forwarding market.
The Commission will carefully study the judgment and reflect on possible next steps.
See also Curia's press release (in pdf).

GEA Group v Commission (09/02/2022)

The Commission takes note of today’s judgment of the General Court dismissing GEA’s appeal against a 2019 Commission letter. In its letter, the Commission rejected GEA’s request for reimbursement of the fine it paid following a 2009 Commission decision imposing a fine of €3.3 million on GEA for participating in a cartel in the heat stabilisers sector.
In today’s judgment, the General Court dismissed GEA’s action for annulment and clarified that GEA is liable for the payment of the fine.

EU Merger Control: Interventions from December 2019 : an infographic (10/02/2022)

See, in a handy, user-friendly manner the interventions of DG COMP in mergers since December 20109. Check how many transactions were approved, how many statements of objections were issued or how many deals were prohibited.

EU competition law – updating the market definition notice (open call for evidence) (19/01/2022)

Following an evaluation, this initiative will revise the notice to ensure it is accurate and up-to-date. It will also set out a clear, consistent and accessible approach to market definition in antitrust and merger cases across sectors.

Commission opens investigation into licensing and distribution practices of fashion house Pierre Cardin and its licensee Ahlers (31/01/2022)

The European Commission has launched a formal antitrust investigation to assess whether Pierre Cardin and its licensee the Ahlers Group may have breached EU competition rules by restricting cross-border and online sales of Pierre Cardin-licensed products, as well as sales of such products to specific customer groups.

Commission approves €1.7 billion German measure to recapitalise Flughafen Berlin Brandenburg (03/02/2022)

The European Commission has approved German plans to grant up to €1.7 billion for the recapitalisation of Flughafen Berlin Brandenburg Gmbh. The measure was approved under the State aid Temporary Framework.

Commission opens in-depth investigation into German support measures in favour of DB Cargo (31/01/2022)

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

Scania and Others v Commission (02/02/2022)

The Commission takes note of the judgment of the General Court. In its judgment, the Court dismissed Scania’s appeal against a 2017 Commission decision imposing a fine of €880 million on Scania for participating in a cartel in the trucks sector.
In its judgment, the General Court fully upheld the Commission assessment and decision.
See also Curia's press release (in pdf)

Polskie Górnictwo Naftowe i Gazownictwo v Commission (Rejection of a complaint) (02/02/2022)

The Commission takes note of the judgment of the General Court in which it upheld PGNiG’s application for annulment of a 2019 Commission decision rejecting PGNiG’s complaint against Gazprom’s alleged anticompetitive practices in Central and Easter European gas markets.
The Commission will carefully study the judgment and reflect on possible next steps.
See also: Curia's press release (in pdf) .

Polskie Górnictwo Naftowe i Gazownictwo v Commission (Commitments by Gazprom) (02/02/2022)

The Commission takes note of the judgment of the General Court with which it dismissed PGNiG’s application for annulment of a 2018 Commission decision against Gazprom. In its decision, the Commission imposed legally binding commitments on Gazprom to address the competition concerns identified in the context of its investigation into Gazprom’s practices in Central and Eastern European gas markets.
See also: Curia's press release (in pdf) .

Taking Competition Policy into the Future (03/02/2022)

On 3 February 2022, DG Competition hosted a half-day conference titled Taking Competition Policy into the Future. In addition to digital and green issues, the conference tabled a broader debate on competition policy’s evolution over the next decade. 400 participants from 47 countries registered to the hybrid conference and 1,000 watched the webstream. Executive Vice-President Vestager gave introductory remarks and Director-General Guersent closed the event. Click the link below to watch the proceedings again.

Building the green and digital future: the challenges for 2022 (28/01/2022)

Speech by Executive Vice-President Vestager,
International Conference on EU Antitrust: Hot Topics and Next Steps, Prague,
24 January 2022.
[...] "But the time has come when European industry needs to prepare for the investments of the future. So 2022 will be the year when we phase out crisis support, and replace it with new possibilities for governments to invest in preparing industry for the future. So that, as public support fades out, private funding will fade in – and European industry won’t fall into a gap between the two." [...]

Revision of the Guidelines on State aid for broadband networks (19/11/2021)

The Commission is publishing for consultation the draft revised Guidelines on State aid for broadband networks (the ‘Broadband Guidelines’).
The consultation aims to clarify the existing State aid rules and ensure they take account of the latest market and technological developments.
See also EC press release.

Commission clears acquisition of Kustomer by Meta (formerly Facebook), subject to conditions (27/01/2022)

The European Commission has today approved under the EU Merger Regulation the proposed acquisition of Kustomer by Meta (formerly Facebook). The approval is conditional on full compliance with commitments offered by Meta.

Commission approves acquisition of Ferro by Prince, subject to conditions (25/01/2022)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Ferro by Prince, both active in the manufacturing of mineral-based chemicals and industrial additives and products. The approval is conditional on full compliance with commitments offered by Prince.

Commission approves €3.8 billion Italian scheme under Recovery and Resilience Facility to support deployment of Gigabit networks (27/01/2022)

The European Commission has approved, under EU State aid rules, a €3.8 billion Italian scheme made available through the Recovery and Resilience Facility (RRF) to deploy high-performing gigabit networks in areas of the country where there is no current or planned network able to provide at least 300 megabits per second (Mbps) download speed. The measure is part of a comprehensive strategy that Italy has put in place to address the needs of citizens and businesses in the context of the digitalisation of the country. It will also contribute to the EU's strategic objectives relating to the digital transition.

Commission approves 2022-2027 regional aid map for the Netherlands (27/01/2022)

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

Commission approves 2022-2027 regional aid map for Slovenia (27/01/2022)

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

Commission approves restructuring aid of up to around €2.7 billion for Romanian power company Complexul Energetic Oltenia SA (26/01/2022)

The European Commission has approved, under EU State aid rules, Romania's plans to grant power company Complexul Energetic Oltenia SA (‘CE Oltenia') restructuring aid for up to €2.66 billion (RON 13.15 billion). The measure will enable the company to finance its restructuring plan and restore its long-term viability.

Sātiņi-S (27/01/2022)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union. In its judgment, the Court clarified that compensation granted by a Member State to an economic operator for the damage suffered as a result of protective measures applicable in nature protection areas confer an advantage capable of constituting State aid.
In addition, the Court clarified that the Member State concerned may classify such compensation as “de minimis aid” and thus refrain from notification to the Commission, if it complies with the conditions of the De minimis aid Regulation for the fishery and aquaculture sector, including the ceiling provided thereby.
See also Curia's press release (in pdf) .

Zinātnes parks (27/01/2022)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union. In its judgment, the Court clarified that, in order to determine whether a company is ‘in difficulty’ within the meaning of Article 2(18)(a) of the General Block Exemption Regulation, the expression ‘subscribed share capital’ must be interpreted as referring to all contributions which current or future members or shareholders of a company have made or have irrevocably undertaken to make.

Fondul Proprietatea (27/01/2022)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union. In its judgment, the Court clarified that certain measures, such as those stemming from a 2013 Romanian decision to secure energy supply and system adequacy constitute State aid, subject to the verification of the facts by the National Court.
In particular, with its 2013 decision, Romania adopted the following measures in favour of two state-owned coal generators: (i) priority access to transmission systems; (ii) priority dispatch by the system operator; and (ii) a compulsory volume of ancillary services to be purchased by the system operator at a regulated price.
As mentioned, the Court clarified that measures such as the ones at stake are liable to involve State aid and therefore be subject to the obligation of prior notification to the Commission.

Intel Corporation v Commission (26/01/2022)

The Commission takes note of today’s judgment by the General Court, which annulled a large part of a 2009 Commission Decision against Intel, including the fine in its entirety. In its decision, the Commission found that Intel abused its dominant market position by engaging in illegal anticompetitive practices to exclude competitors from the market for computer chips called x86 central processing units (CPUs).
The Commission will carefully study the judgment and reflect on possible next steps.
See also Curia's press release (in pdf).

Commission v European Food and Others (25/01/2022)

The Commission takes note of today’s judgment of the Court of Justice of the European Union, which set aside the 2019 judgment of the General Court in this case. In today’s judgment, the Court of Justice concluded that the General Court erred in law and held that the Commission was competent to assess the implementation of the arbitral award under EU state aid rules and thus to adopt the 2015 State aid decision. In particular, the Court of Justice found that the right to compensation for the damage alleged by the Swedish investors only arose with the arbitral award of 11 December 2013, i.e. following the accession of Romania to the European Union, even though it was the result of the repeal by Romania of the tax incentives scheme in 2005.
Therefore, considering the fact that the aid measure in question was granted after Romania’s accession to the European Union, the Court of Justice concluded that EU State aid rules were fully applicable to the measures in question and the Commission was competent to assess them.
The Court of Justice also confirmed that the arbitral award was incompatible with EU law in the light of the Achmea case-law. In particular, the Court of Justice stated that the arbitration clause in a Bilateral Investment Treaty (‘BIT’) concluded between a Member State and a non-EU State is capable of adversely affecting the autonomy of EU law after the accession of that State to the European Union, in so far as the BIT is still in force. With effect from Romania’s accession to the European Union, the system of judicial remedies provided for by the TEU and TFEU replaced the arbitration procedure and the consent given by Romania to the arbitration procedure lacked any force.
See also Curia's press release (in pdf).

Taking Competition Policy into the Future: open registration (03/02/2022)

Registration is open for Taking Competition Policy into the Future. DG Competition organised this conference to give a platform to the experts and scholars of tomorrow to debate what competition policy will look like in ten years’ time.
This half-day, hybrid conference will take place online and in the Berlaymont building in Brussels in the afternoon of 3 February, 2022. Executive Vice-President Vestager will give introductory remarks and Director-General Guersent will close the event.
Click here to register.

Draft Guidelines on collective bargaining of self-employed (09/12/2021)

The draft Guidelines aim to ensure that competition law does not stand in the way of collective agreements to improve the working conditions of certain self-employed persons, who may have little influence over their working conditions, while guaranteeing that consumers and SMEs continue to benefit from competitive prices and innovative business models, including in the digital economy.
With the present public consultation, the European Commission is seeking the views of stakeholders about the draft text of the Guidelines.
See also the corresponding EC press release.

Commission publishes final report on consumer Internet of Things sector inquiry (20/01/2022)

The European Commission has published today the findings of its competition sector inquiry into the consumer Internet of Things (IoT). The final report and its accompanying staff working document identify potential competition concerns in the rapidly growing markets for IoT related products and services in the European Union.

Commission approves 2022-2027 regional aid map for France (21/01/2022)

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

Commission approves 2022-2027 regional aid map for Austria (20/01/2022)

The European Commission has approved under EU State aid rules Austria'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 €20 million Spanish scheme under Recovery and Resilience Facility to support deployment of intelligent transportation systems (19/01/2022)

The European Commission has approved, under EU State aid rules, a €20 million Spanish scheme made available through the Recovery and Resilience Facility (‘RRF') supporting the deployment of intelligent systems that will provide enhanced communication and information services for motorways and tunnels of the Spanish State roads network. The measure will improve road safety in Spain and contribute to making road traffic more sustainable, through the deployment and enhancement of advanced digital technologies, in line with the EU's strategic objectives relating to the digital transition, while limiting possible distortions of competition.

Commission v Greece (Ferronickel) (20/01/2022)

The Commission takes note of the judgment by the Court of Justice of the European Union finding that Greece failed to comply with a 2017 ruling by the Court of Justice. In its ruling, the Court had condemned Greece for failure to implement a 2014 Commission decision requiring it to recover incompatible State aid from Larco General Mining & Metallurgical Company S.A. (“Larco”).
The Court of Justice imposed financial penalties on Greece. More specifically: (i) a lump sum payment of €5.5 million and (ii) a periodic penalty payments of over €4 million for every six months’ delay for failure to recover State aid granted to Larco.
Following today’s judgment, the Commission will continue its contacts with the Greek authorities on the implementation of the 2014 Commission decision.
See also Curia's press release.

Deutsche Lufthansa v Commission (20/01/2022)

The Commission takes note of today’s judgment of the Court of Justice of the European Union, which dismissed Lufthansa’s appeal against a 2019 order of the General Court. In its order, the General Court had rejected Lufthansa’s application for annulment of a 2014 Commission State aid decision finding that the financing of the operator of Frankfurt-Hahn airport was in line with EU State aid rules.
In its judgment, the Court of Justice confirmed that the applicant did not sufficiently demonstrate to be individually affected by the Commission decision and thus that its application for annulment should be rejected.

Deutsche Telekom v Commission (19/01/2022)

The Commission takes note of the judgment of the General Court upholding Deutsche Telekom’s appeal against the 2019 Commission decision. In its 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 judgment which reduced the amount of the fine.
The Commission will carefully study the judgment and reflect on possible next steps.
See also Curia's press release.

Koinopraxia Touristiki Loutrakiou v Commission (19/01/2022)

The Commission takes note of the judgment of the General Court upholding a 2018 Commission State aid decision. In its decision, the Commission had found that the system of levies on admissions to certain casinos in Greece, in place until November 2012, did not constitute State aid.
In its judgment, the General Court rejected the claims of the complainant. In particular, the General Court confirmed that the issue of the alleged increased attractiveness of public casinos due to lower entry prices was already covered by the Commission’s formal investigation, which opened in 2010. Furthermore, the General Court confirmed that the annulment of an intermediate 2011 final Commission State aid decision in this case did not affect the validity of the 2010 Commission decision opening the formal investigation.

Final report: Sector inquiry into consumer Internet of Things (20/01/2022)

The preliminary report covers the main findings of the sector inquiry on the Consumer IoT. It is accompanied by a staff working document that summarises the main findings of the Consumer IoT sector inquiry and incorporates comments submitted by stakeholders during the public consultation.
See also EC press release.

Commission invites comments on proposed revision of EU State aid rules for agriculture, forestry and fishery sectors (11/01/2022)

The European Commission is inviting all interested parties to comment on proposed revised State aid rules for the agricultural, forestry and fishery sectors. The purpose of the proposed revision is to align the current rules with the current EU strategic priorities, in particular the Common Agricultural Policy (CAP), the Common Fisheries Policy (CFP), as well as to the European Green Deal. Member States and other interested parties can respond to the consultation until 13 March 2022.

Commission prohibits proposed acquisition of Daewoo Shipbuilding & Marine Engineering by Hyundai Heavy Industries Holdings (13/01/2022)

The European Commission has prohibited, under the EU Merger Regulation, the acquisition of Daewoo Shipbuilding & Marine Engineering CO., Ltd (DSME) by Hyundai Heavy Industries Holdings (HHIH). The merger between the two South Korean shipbuilders would have created a dominant position by the new merged company and reduced competition in the worldwide market for the construction of large liquefied gas (‘LNG') carriers (‘LLNGCs'). The parties did not formally offer remedies to address the Commission's concerns.
See also Remarks by Executive Vice-President Vestager on the Commission decision to prohibit the proposed acquisition of Daewoo Shipbuilding & Marine Engineering by Hyundai Heavy Industries Holdings.

DG COMP's 2021 at a glance (14/01/2022)

This infographic contains an overview of the main activities and initiatives carried out by the Competition Directorate General of the European Commission throughout 2021.

Commission approves €24 million Hungarian investment aid to Volta Energy Solutions' battery copper foil plant (07/01/2022)

The European Commission has found Hungary's €24 million investment aid to Volta Energy Solutions for the extension of a battery copper foil plant in the Hungarian region of Közép-Dunántúl (Central Transdanubia) to be in line with EU State aid rules. The aid will contribute to the development of the region, whilst preserving competition.

Commission approves 2022-2027 regional aid map for Greece (06/01/2022)

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

Commission approves €71.4 million Portuguese measure to further compensate TAP Air Portugal for damages suffered due to coronavirus pandemic (22/12/2021)

Today, the European Commission has approved, under EU State aid rules, a €71.4 million Portuguese aid measure to further support TAP Air Portugal in the context of the coronavirus pandemic.

Commission approves €88 million German support to compensate Deutsche Bahn for damages suffered by its subsidiary DB Cargo due to the coronavirus outbreak (22/12/2021)

The European Commission has found a €88 million German support measure in favour of Deutsche Bahn AG to be in line with EU State aid rules. The measure, which will take the form of an equity injection, aims at compensating Deutsche Bahn for the damages suffered by its subsidiary DB Cargo due to the coronavirus outbreak between 16 March and 17 May 2020.

Commission approves €9.8 million Belgian measure to recapitalise Brussels South Charleroi Airport in the context of the coronavirus outbreak (22/12/2021)

The European Commission has approved Belgian plans to grant up to €19.2 million for the recapitalisation of the Brussels South Charleroi Airport SA (“BSCA”). The measure was approved under the State aid Temporary Framework.

Commission approves €57.4 million restructuring aid to Croatian mechanical engineering company Ðuro Ðaković (22/12/2021)

The European Commission has approved, under EU State aid rules, Croatia's plans to grant mechanical engineering company Ðuro Ðaković d.d. (‘Đuro Đaković) restructuring aid to the for a total amount of €57.4 million (HRK 430.6 million). The measure will enable the company to finance its restructuring plan and restore its long-term viability with the support of a private investor, the consortium of Czech companies DD Acquisition.

Commission invites comments on proposed revision of Guidelines on State aid for railway companies (22/12/2021)

The European Commission has launched today a  public consultation on EU Survey inviting all interested parties to comment on a proposed revision of the 2008 Guidelines on State aid for railway undertakings (the ‘Railway Guidelines'). Interested parties can respond to the consultation until 16 March 2022.

Commission endorses the new Guidelines on State aid for Climate, Environmental protection and Energy (21/12/2021)

The College of Commissioners today endorsed the new Guidelines on State aid for climate, environmental protection and energy (‘CEEAG'). The CEEAG will be formally adopted in January 2022 and will be applicable from that moment. The new rules involve an alignment with the important EU objectives and targets set out in the European Green Deal and with other recent regulatory changes in the energy and environmental areas and cater for the increased importance of climate protection. The new rules create a flexible, fit-for-purpose enabling framework to help Member States provide the necessary support to reach the European Green Deal objectives in a targeted and cost-effective manner.

See also Remarks by Executive Vice-President Vestager on the new Guidelines on State aid for Climate, Environmental protection and Energy.

Commission approves €2.55 billion Portuguese restructuring aid in favour of TAP Group and €107 million compensation for damages suffered due to coronavirus pandemic (21/01/2022)

Today, the European Commission has approved, under EU State aid rules: (i) €2.55 billion of restructuring aid to enable the Group Transportes Aéreos Portugueses SGPS S.A. (‘TAP SGPS') and the airline TAP Air Portugal return to viability; and (ii) €107.1 million aid to compensate TAP Air Portugal for damages suffered as a result of the coronavirus pandemic between 1 July 2020 and 30 December 2020.

Commission approves Austrian scheme to support production of electricity from renewable energy sources (20/12/2021)

The European Commission has approved, under EU State aid rules, an Austrian aid scheme to support electricity production from renewable sources. The measure will help Austria reach its target of 100% renewable energy in 2030, in line with its Recovery and Resilience Plan as endorsed by the Commission and approved by Council, and will contribute to the European objective of achieving climate neutrality by 2050, without unduly distorting competition in the Single market.

Commission approves €900 million German scheme to support investments in production of renewable hydrogen (20/12/2021)

The European Commission has approved, under EU State aid rules, a €900 million German scheme to support investments in the production of renewable hydrogen in non-EU countries, which will be then imported and sold in the EU. The scheme, called ‘H2Global', aims at meeting the EU demand for renewable hydrogen that is expected to significantly increase in the coming years, by supporting the development of the unexploited renewable resource potential outside the EU. It will contribute to the EU environmental objectives, in line with the European Green Deal, without unduly distorting competition in the Single Market.

Commission approves 2022-2027 regional aid map for Romania (20/12/2021)

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

Commission approves acquisition of Nuance by Microsoft (21/12/2021)

The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Nuance Communications, Inc. by Microsoft Corporation. The Commission concluded that the transaction would raise no competition concerns in the European Economic Area.

Gmina Kosakowo v Commission (21/12/2021)

The Commission takes note of the judgments of the General Court upholding a 2015 Commission State aid decision. In its decision, the Commission found that Polish public financing of Gdynia airport amounted to illegal and incompatible State aid.
In its judgments, the General Court confirmed the Commission’s finding that the common investment of the two local authorities Gdynia and Kosakowo would not have been made by a private operator and thus constituted State aid, which the Commission had found to be incompatible with the internal market.
See also Judgment of the General Court in Case T-263/15 RENV.

Commission approves €150 million Spanish scheme under Recovery and Resilience Facility to support deployment of passive infrastructure for mobile networks (15/12/2021)

The European Commission has approved, under EU State aid rules, a €150 million Spanish scheme made available through the Recovery and Resilience Facility (RRF) supporting the deployment of passive infrastructure for the provision of mobile communications services in areas where there currently is no 4G mobile coverage with speeds of at least 10 Mbps download and 3 Mbps upload. The measure will help Spain reduce the digital divide and will also contribute to the EU's strategic objectives relating to the digital transition.

Commission approves Greek support for the construction of Patra-Pyrgos section of Olympia Odos Motorway (15/12/2021)

The European Commission has approved, under EU State aid rules, Greek public funding of around €217 million for the construction of the Patra-Pyrgos section of the Olympia Odos Motorway in Greece. As the construction and operation of the Patra-Pyrgos section will be integrated in the existing concession agreement with the concessionaire Olympia Odos SA, the Commission also assessed and approved the application, to the Patra-Pyrgos section, of the existing toll sharing mechanism under the agreement, as well as a conditional 3-year extension of the concession period.

Commission approves €610 million voucher scheme to support access to high-speed broadband services by small and medium enterprises in Italy (15/12/2021)

The European Commission has approved, under EU State aid rules, a €610 million Italian voucher scheme to help small and medium enterprises (SMEs) access high-speed broadband services. The measure will support SME's access to effective Internet connections, enabling them to benefit from online services and offerings, while limiting distortions of competition. The measure is part of a comprehensive strategy that Italy has put in place to address the needs of citizens and businesses in the context of the digitalization of the country and will also contribute to the EU's strategic objectives relating to the digital transition.

Commission approves 2022-2027 regional aid map for Bulgaria (15/12/2021)

The European Commission has approved under EU State aid rules Bulgaria'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 2022-2027 regional aid map for Latvia (15/12/2021)

The European Commission has approved under EU State aid rules Latvia'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 2022-2027 regional aid map for Sweden (15/12/2021)

The European Commission has approved under EU State aid rules Sweden'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 2022-2027 regional aid map for Germany (15/12/2021)

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

Commission clears Derichebourg's acquisition of Groupe Ecore, subject to conditions (17/12/2021)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Groupe Ecore by Derichebourg. The approval is conditional on full compliance with a commitments package offered by Derichebourg.

Statement by Executive Vice-President Vestager on announcement by IAG and Globalia to withdraw from proposed sale of Air Europa to IAG (16/12/2021)

The European Commission takes note of IAG and Globalia's announcement that they have decided to terminate their proposed agreement according to which IAG intended to acquire sole control over Air Europa. IAG owns several airlines, including Iberia and Vueling, and is the largest airline in Spain. Air Europa is the third largest airline in Spain. The Commission confirms that the discussions with the companies and the proposed remedy package thus far were not able to adequately address the competition concerns identified by the Commission. The Commission had opened an in-depth investigation into the proposed transaction on 29 June 2021.

Commission approves the acquisition of Suez by Veolia, subject to conditions (14/12/2021)

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

Oltchim v Commission (15/12/2021)

The Commission takes note of today’s judgment of the General Court, which partially annuls a 2018 Commission State aid decision. In its decision, the Commission found that three Romanian public support measures in favour of Oltchim amounted to illegal and incompatible State aid.
In its judgment, the General Court found that the Commission has not demonstrated to the required legal standard that two out of the three measures constituted State aid, namely the non-enforcement and further accumulation of Oltchim’s debts between September 2012 and January 2013 as well as the cancellation of its debt in 2015. On the other hand, it upheld the Commission’s assessment that the support in the form of continued unpaid industrial steam and electricity supplies by State-owned energy supplier CET Govora (i.e. District Heating Power Plant) between September 2012 and January 2013 constituted incompatible State aid.
We will carefully study the judgment and reflect on possible next steps.

Latest issue of the Competition Merger Brief published (17/12/2021)

Read the latest issue of the Competition Merger Brief.
It contains comments on a wide range of cases, including Aurubis / Metallo; Google / Fitbit; EssilorLuxottica / GrandVision; as well as Schwarz Group / Suez Waste Management Companie.

Commission fines former ethanol producer Abengoa € 20 million in cartel settlement (10/12/2021)

The Commission has fined the Spanish company Abengoa S.A. and its subsidiary Abengoa Bionenergía S.A. (together ‘Abengoa') € 20 million for participating in a cartel concerning the wholesale price formation mechanism in the European ethanol market. Abengoa admitted its involvement in the cartel and agreed to settle the case.

Commission invites comments on draft Guidelines about collective agreements regarding the working conditions of solo self-employed people (09/12/2021)

The European Commission is inviting citizens, businesses, social partners, academia, government bodies and all interested parties to comment on the draft Guidelines on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed people providing services. The draft Guidelines are part of a package also including a proposal for a Directive on improving working conditions in platform work and a Communication on harnessing the full benefits of digitalisation for the future of work.

Commission approves €3 billion scheme under the Spanish Recovery and Resilience Plan to support research, development, innovation, environmental protection and energy efficiency in automotive value chain (09/12/2021)

The European Commission has approved, under EU State aid rules, a €3 billion Spanish scheme to support research, development and innovation (RD&I), as well as environmental protection and energy efficiency measures of companies in the value chain for electric and connected vehicles. The measure will help Spain to accelerate the transition towards a more sustainable and connected mobility, without unduly distorting competition. The scheme will be partly funded by the Recovery and Resilience Facility (‘RRF'), following the Commission's positive assessment of the Spanish Recovery and Resilience Plan and its adoption by the Council.

Commission approves €783 million Croatian scheme to support production of electricity from renewable energy sources (09/12/2021)

The European Commission has approved, under EU State aid rules, a Croatian aid scheme to support electricity production from renewable sources. The measure will help Croatia reach its renewable energy targets, including those set in its Recovery and Resilience plan, and contribute to the European objective of achieving climate neutrality by 2050, without unduly distorting competition in the Single market.

Commission approves €133 million Swedish scheme to support rail freight and passenger operators affected by the coronavirus outbreak (07/12/2021)

The European Commission has approved, under EU State aid rules, a €133 million (SEK 1,370 million) Swedish scheme to support the rail freight sector and the rail passenger sector in the context of the coronavirus outbreak

Commission adopts revised Guidelines on State aid to promote risk finance investments (06/12/2021)

The European Commission has adopted revised Guidelines on State aid to promote risk finance investments (the 'Risk Finance Guidelines'). The revised Guidelines will apply from 1 January 2022. They clarify and simplify the rules under which Member States can support and facilitate access to finance by European start-ups, small and medium-sized enterprises ('SMEs') and companies with a medium capitalization ('mid-caps'), while ensuring a level playing field in the Single Market.

Commission adopts revised Short-term export-credit insurance Communication (06/12/2021)

The European Commission has adopted a revised Communication on Short-term export credit insurance (‘STEC Communication'). The STEC Communication lays down rules to (i) ensure that State support to export credits does not distort competition among private and public (or publicly supported) export credit insurers, and (ii) create a level playing field among exporters in different Member States. The revised STEC Communication will apply from 1 January 2022.

EU-US launch Joint Technology Competition Policy Dialogue to foster cooperation in competition policy and enforcement in technology sector (07/12/2021)

European Commission Executive Vice-President Margrethe Vestager, US Federal Trade Commission Chair Lina Khan and the Assistant Attorney General for Antitrust of the US Department of Justice Jonathan Kanter have launched the EU-US Joint Technology Competition Policy Dialogue in Washington DC.

The European Commission, the US Federal Trade Commission and the US Department of Justice have issued a joint statement.

Sun West and Others v Commission (08/12/2021)

The Commission takes note of the judgment of the General Court. In its judgment, the General Court dismissed Sun West’s appeal against a 2020 Commission’s decision to reject the company’s complaint.
In its judgment, the General Court confirmed that formal complaints should by definition aim at raising doubts as regards the compatibility of State aid measures with the internal market. In addition, the General Court confirmed that only Member States have the right and the obligation to notify State aid measures to the Commission. Therefore, the Commission is not obliged to examine the substance of a complaint whereby an applicant seeks to demonstrate the compatibility of State aid measures.
The Commission shall however examine any information brought to its attention as “general market information” without any obligation to start an investigation ex officio.

Europe's call (09/12/2021)

Speech by EVP Margrethe Vestager,
American Chamber of Commerce's Transatlantic Business Works Summit, Washington DC
9 December 2021
[...] " I am pleased to say that the first meeting of the Trade and Technology Council was a genuine success. We have also just launched a joint dialogue for competition policy, to help us deal with common challenges in tech and digital markets." [...]

Taking Competition Policy into the Future (03/02/2022)

DG Competition will hold a conference for Young Experts on 3 February 2022. “Taking Competition Policy into the Future” will give a platform to the competition experts and scholars of tomorrow.

Young Experts’ Views on the Greening of Competition Policy (10/12/2021)

This special issue of our Competition Policy Brief series contains articles written by the four winners and shorter papers from shortlisted and undergraduate entrants. The thought-provoking collection gives a platform to the views and suggestions of tomorrow's competition scholars and experts;