Commission extends duration of R&D and specialisation block exemption regulations (08/12/2022)

The European Commission has adopted today two regulations extending the period of validity of the horizontal block exemption regulations on Research & Development and Specialisation Agreements (together ‘HBERs'). The HBERs were due to expire on 31 December 2022 and the Commission has prolonged them until 30 June 2023.
For more information on the review process, click here.

Commission approves €26.3 million Finnish measure to support SEVO in construction of hydroelectric pump storage (05/12/2022)

The European Commission has approved, under EU State aid rules, a €26.3 million Finnish aid measure to support Suomen Energiavarasto Oy (‘SEVO') in the construction of an underground hydroelectric pump storage facility. The measure will increase the share of renewables in Finland's electricity generation in line with the EU's European Green Deal objectives. At the same time, it will help reduce dependence on Russian fossil fuels and fast forward the green transition in line with the REPowerEU Plan.

The Commission adopts a Statement of Objections outlining measures to unwind Illumina's blocked acquisition of GRAIL (05/12/2022)

The European Commission has sent a Statement of Objections to Illumina and GRAIL informing them of the restorative measures it intends to adopt under the EU Merger Regulation, following the Commission's decision to prohibit the implemented acquisition of GRAIL by Illumina.
See also the EC's infographic on the Procedures in Illumina/GRAIL.

Commission sends Statement of Objections to Deutsche Bank and Rabobank over Euro-denominated bonds trading cartel case (06/12/2022)

The European Commission has informed Deutsche Bank and Rabobank of its preliminary view that they breached EU antitrust rules by colluding to distort competition when trading Euro-denominated Sovereign, SSA (Supra-Sovereign, Foreign Sovereign, Sub-Sovereign/Agency), Covered and Government Guaranteed bonds.

CCPL and Others v Commission (07/12/2022)

The Commission takes note of today’s judgment by the General Court in the case CCPL Sc and Others v Commission.
The General Court fully upholds the Commission’s decision of 17 December 2020, re-adopting a cartel decision against CCPL and imposing fines on three entities of CCPL Group for their participation in three separate cartels in the retail food packaging sector.
In today’s judgment, the General Court also upholds in full the Commission’s decision rejecting the CCPL’s request for inability to pay the fine under the Commission’s Guidelines on fines.

Workshop on Mergers in the Digital Sector (13/12/2022)

The European Commission has the pleasure to invite you to the workshop on digital mergers that will take place on Tuesday 13 December 2022 in Brussels, from 13:00 to 19:00.
Full agenda and registration are available in DG COMP's website.

Study on State aid for access to finance for social enterprises and for the recruitment of disadvantaged workers in the form of wage subsidies (22/11/2022)

The EU Social Economy Action Plan (SEAP), adopted in December 2021, entails several Commission commitments regarding State aid control. In the legislative field, it spells out that the Commission, when the revision of the General Block Exemption Regulation (GBER) will take place, will consider whether the available evidence “justifies easing the rules in relation to aid for social enterprises’ access to finance and as regards aid for hiring disadvantaged and severely disadvantaged workers”. The General Block Exemption Regulation exempts specific categories of State aid from prior notification to, and approval by the Commission, if they fulfil certain conditions.
Please note: this is not a call for tenders but a publication announcing the Contracting authority’s intention to publish a future negotiated low or middle value procedure.

Commission approves €13.5 billion French scheme to compensate energy-intensive companies for indirect emission costs (01/12/2022)

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

Commission approves €1 billion French scheme to support companies in the context of Russia's war against Ukraine (01/12/2022)

The European Commission has approved a €1 billion French scheme to support companies in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 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 publishes results of evaluation of State aid rules on services of general economic interest applicable to health and social services and to small aid amounts (01/12/2022)

The European Commission has published a Staff Working Document summarising the results of the evaluation of the EU State aid rules for services of general economic interest (‘SGEI') applicable to health and social services, and to small amounts of aid. The evaluation concludes that, overall, the existing rules are fit for purpose. However, some adjustments may be needed to clarify and further simplify the existing rules to reduce red tape.

Commission opens in-depth investigation into Lithuanian measure to compensate Litgas for operation of LNG terminal (01/12/2022)

The European Commission has opened an in-depth investigation to assess whether the compensation granted by Lithuania to Litgas UAB (‘Litgas') for supplying a mandatory quantity of liquefied natural gas (‘LNG') to the LNG terminal in Klaipėda between 2016 and 2018 is in line with EU State aid rules. The in-depth investigation follows the General Court's partial annulment of a previous Commission decision approving the compensation to Litgas for the period in question.

Commission approves €600 million Slovak scheme to support companies facing increased energy costs in context of Russia's war against Ukraine (30/11/2022)

The European Commission has approved a €600 million Slovak scheme to support companies facing increased energy costs in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 2022, based on 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 €557 million German support to compensate Deutsche Bahn for damages suffered by its subsidiary DB Fernverkehr due to the coronavirus pandemic (28/11/2022)

The European Commission has found a €557 million German support measure in favour of Deutsche Bahn 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 damage suffered by its subsidiary DB Fernverkehr between 1 November 2020 and 16 May 2021 due to the coronavirus pandemic and the restrictive measures in place.

Commission opens in-depth investigation into the proposed acquisition of Lagardère by Vivendi (30/11/2022)

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of Lagardère by Vivendi. The Commission is concerned that the proposed acquisition may reduce competition on a number of markets across the entire book value chain in French-speaking countries of the European Economic Area and in a segment of magazine publishing in France.

Statement by Executive Vice-President Vestager on the decision by Kronospan and Pfleiderer to abandon their deal (30/11/2022)

The European Commission takes note of Kronospan's and Pfleiderer's decision to terminate their agreement according to which Kronospan intended to acquire sole control over Pfleiderer Polska, the Polish subsidiary of the Pfleiderer Group.

Commission clears ALD's acquisition of LeasePlan, subject to conditions (25/11/2022)

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

Commission fines styrene purchasers €157 million in cartel settlement (29/11/2022)

The European Commission has fined Sunpor, Synbra, Synthomer, Synthos and Trinseo a total of €157 million for participating in a cartel concerning purchases on the styrene monomer merchant market. INEOS was not fined as it revealed the cartel to the Commission under the leniency programme. All six companies admitted their involvement in the cartel and agreed to settle the case.

Austria v Commission (30/11/2022)

The Commission takes note of today's judgement of the General Court, which fully upheld a 2017 Commission’s State aid decision. In its decision, the Commission found that support granted for the construction of two nuclear reactors in PAKS (Hungary) amounted to aid compatible with the internal market, subject to conditions.
In its judgment, the General Court confirmed that, when assessing the compatibility of an aid measure with the internal market, the Commission is not required to adopt a definitive position on the existence or absence of an infringement of provisions of EU law distinct from those relating to State aid, provided there is no inextricable link with the object of the aid.
In addition, the General Court clarified that the Member States are free to determine the composition of their own energy mix and to invest in nuclear energy.
See also the Court's press release (in PDF format).

Competition in the wider policy context (01/12/2022)

Remarks by Executive Vice-President Vestager,
OECD 21st meeting of the Global Forum on Competition,
1 December 2022.
[...] "That is the very essence of policy complementarity - for the DMA, for the Foreign Subsidies regulation, and for tax fairness. And when the limits of one tool are reached, we learn from this and develop new tools. This is how we evolve and stay relevant in a dynamic environment.
But for us, the core philosophy must never change: Our mission is to protect competition. It's as simple as that."

Commission approves €1.22 billion Irish scheme to support companies in context of Russia's war against Ukraine (24/11/2022)

The European Commission has approved a €1.22 billion Irish scheme to support companies across sectors in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 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 €7.75 million Cypriot scheme to support some agricultural producers in the context of Russia's war against Ukraine (23/11/2022)

The European Commission has approved a €7.75 million Cypriot scheme to support some agricultural producers in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 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 amendments to German schemes, including up to €45 billion budget increase, to support companies in context of Russia's war against Ukraine (22/11/2022)

The European Commission has approved the amendments to existing German umbrella schemes, including their prolongation and an up to €45 billion overall budget increase, to support companies in the context of Russia's war against Ukraine. The amendments were approved under the State Aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 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 €1.1 billion Austrian scheme to support companies facing increased energy costs in context of Russia's war against Ukraine (18/11/2022)

The European Commission has approved a €1.1 billion Austrian scheme to support companies facing increased energy costs in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 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.

Westfälische Drahtindustrie and Others v Commission (23/11/2022)

The Commission takes note of the General Court’s judgment in the WDI and Others v Commission case.
By dismissing WDI’s appeal in its entirety, the General Court confirms that the Courts’ jurisdiction in respect to competition fines is limited to the fine originally imposed by the Commission, so that no autonomous fining prerogatives can be exercised by the Courts without a Commission fining decision being contested for review.

Commission approves €300 million Latvian measure to further capitalise development finance institution Altum (18/11/2022)

The European Commission has approved, under EU State aid rules, a €300 million Latvian measure to further capitalise the country's Development Finance Institution Altum (‘Altum'). In today's decision, the Commission has also approved Altum's enlarged remit. Altum's main objective is to promote the growth of the Latvian economy by improving access to finance mostly for small and medium-sized enterprises (‘SMEs').

Commission approves €500 million Romanian scheme to support companies in the context of Russia's war against Ukraine (17/11/2022)

The European Commission has approved an approximately €500 million (RON 2,500 million) Romanian scheme to support companies across sectors in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 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 €1.23 billion Czech scheme to support the economy in the context of Russia's war against Ukraine (15/11/2022)

The European Commission has approved a €1.23 billion scheme to support the Czech economy in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 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 €225.6 million German measure to support energy company SEFE GmbH (12/11/2022)

The European Commission has approved a €225.6 million German aid measure to support SEFE Securing Energy for Europe GmbH, previously Gazprom Germania GmbH, currently placed under the trusteeship of Germany. The measure will allow the German State to take the 100% ownership of SEFE GmbH replacing Gazprom Export LCC, in order to safeguard the security of gas supply to the German economy.

Commission opens in-depth investigation into the proposed acquisition of eTraveli by Booking (16/11/2022)

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition by Booking Holdings (‘Booking') of Flugo Group Holdings AB, that operates under the trading name ‘eTraveli'. The Commission is concerned that the proposed acquisition would allow Booking to strengthen its position on the market for accommodation online travel agencies (OTAs).

Volotea v Commission & EasyJet Airline v Commission (17/11/2022)

The Commission takes notes of today's judgments of the Court of Justice of the European Union, which sets aside the General Court’s judgment of 2020 and annuls a Commission decision of 2016, to the extent that it concerns Volotea and easyJet. In its decision, the Commission found that public support granted by Italy's Sardinia Region gave selected airlines at Cagliari and Olbia airports an unfair advantage, in breach of EU State aid rules, and ordered the recovery of the aid. The Commission will carefully study the judgments and reflect on possible next steps.

More on C-331/20 P
More on C-343/20 P

Irish Wind Farmers' Association and Others v Commission (17/11/2022)

The Commission takes note of the judgment of the Court of Justice of the European Union. In its judgment, the Court dismissed Irish Wind Farmers' Association’s appeal against a 2021 judgment of the General Court upholding a 2019 Commission State aid decision. In its decision, the Commission found that support granted to fossil fuel electricity producers in Ireland in the form of reduced business tax rates did not entail a selective advantage and thus did not amount to State aid. In its judgment, the Court dismissed the appeal brought against the General Court’s judgment and confirmed that the applicants failed to show that the Commission should have opened a formal investigation procedure in the absence of serious difficulties in its assessment of the contested measure.

Netherlands v Commission (16/11/2022)

The Commission takes note of today’s judgment of the General Court annulling a 2020 Commission State aid decision. In its decision, the Commission found the compensation granted by the Netherlands to Vattenfall for the early closure of the coal-fired power plant Hemweg to be compatible with the internal market. The Commission will carefully assess the judgment and reflect on possible next steps.

State aid rules for assessing State guarantees on loans – evaluation (29/08/2022)

The Guarantee Notice describes how the Commission assesses State guarantees on loans to businesses and was last reviewed in 2008. The Commission will now evaluate how the Guarantee Notice has functioned over time. The evaluation will focus on the effectiveness, efficiency, relevance, coherence and EU added-value of the Notice. To gather evidence, the Commission plans a public consultation, targeted consultations and a study.

Commission seeks feedback on draft revised Market Definition Notice (08/11/2022)

The European Commission has launched today a public consultation inviting all interested parties to comment on the draft revised Market Definition Notice. Market definition is an important first step in the assessment of mergers and of most antitrust cases. It serves to define the boundaries of competition between companies. The Market Definition Notice is being revised for the first time since its adoption in 1997, taking into account the significant developments of the intervening years, in particular digitalisation and new ways of offering goods and services, and to reflect the interconnected and globalised nature of commercial exchanges.

Commission approves €500 million Italian scheme to improve environmental performance of vessels (11/11/2022)

The European Commission has approved, under EU State aid rules, a €500 million Italian scheme to help companies in the maritime transport sector to acquire clean and zero-emission vessels, as well as to retrofit more polluting vessels. The measure contributes to the achievement of the objectives of the Commission's European Green Deal and ‘Fit for 55' package.

Commission approves €180 million Czech scheme to support rail and urban transport operators using electric traction (10/11/2022)

The European Commission has approved, under EU State aid rules, a €180 million Czech scheme to support rail and urban public transport operators using electric traction. The measure will contribute to improving the environmental performance of rail and urban transport, in line with the objectives of the Commission's Sustainable and Smart Mobility Strategy and the European Green Deal.

Commission approves €16.8 billion Danish guarantee scheme to support energy companies in the context of Russia's war against Ukraine (04/11/2022)

The European Commission has approved a €16.8 billion (DKK 125 billion) Danish guarantee scheme to support companies in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, and amended on 20 July 2022 and on 28 October 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 €1.34 billion Danish scheme to support energy intensive companies in the context of Russia's war against Ukraine (04/11/2022)

The European Commission has approved a €1.34 billion (DKK 10 billion) Danish scheme to support energy intensive companies in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 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 the proposed acquisition of Activision Blizzard by Microsoft (08/11/2022)

The European Commission has opened an in-depth investigation to assess the proposed acquisition of Activision Blizzard by Microsoft under the EU Merger Regulation. The Commission is concerned that the proposed acquisition may reduce competition in the markets for the distribution of console and personal computers (‘PCs') video games and for PC operating systems.

ITD and Danske Fragtmænd v Commission (10/11/2022)

The Commission takes note of today’s judgment by the Court of Justice of the European Union, which upholds the General Court’s judgment in case T-561/18, thereby confirming the relevant parts of the Commission’s decision of 28 May 2018. In its decision, the Commission approved several measures in favour of Post Danmark, of which three were appealed to the Court of Justice, including the compensation granted by Denmark to Post Danmark to deliver the universal service during the period 2017-2019.
In its judgment, the Court of Justice fully upheld the General Court’s findings confirming the Commission’s assessment with the respect to the three measures part of the appeal. In particular, it confirmed that (i) the Universal Service Obligation (‘USO’) compensation granted to Post Danmark is compatible aid; (ii) the State guarantee for redundancy payments of former civil servants in case of Post Danmark’s bankruptcy constitutes existing aid as it was granted in 2002 and does not confer a competitive advantage to Post Danmark; and (iii) the General Court’s interpretation of the cost allocation rules applicable to Post Danmark was correct, in that there was no evidence pointing to misallocation between Post Danmark’s USO account and non-USO account, and that there was therefore no State aid involved.

PACCAR and Others (10/11/2022)

In Case C-163/21, referred by a Commercial Court in Barcelona, the Court ruled that, in the light of primary objective pursued by the Damages Directive 2014/104, evidence which may be requested to be produced cannot be limited to pre-existing documents in the possession of the defendant or a third party. However, the Court added that the production of such evidence should be restricted to what is relevant, proportionate and proportionate to the interests at stake.
See also Curia's press release (in PDF format).

Zenith Media Communications (10/11/2022)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union.
In its judgment, the Court provided guidance on the interpretation of Article 4(3) TEU and Article 101 TFEU and on the method of calculation of the fine to be imposed by a national competition authority on an undertaking for an infringement of Article 101 TFEU.
We will carefully study the judgment.

Commission v Valencia Club de Fútbol (10/11/2022)

The Commission takes note of today’s judgment of the Court of Justice confirming the General’s Court judgment of March 2020, which had annulled a Commission’s decision on 2016 finding that Spain had granted incompatible aid to Valencia CF in the form of a State guarantee.
The Commission will carefully study the judgment and reflect on possible next steps.
See also Curia's press release (in PDF format).

Ryanair v Commission (Croatia Airlines; Covid-19) (09/11/2022)

The Commission takes note of today’s judgment by the General Court upholding the Commission decision of 30 November 2021. In its decision, the Commission approved an €11.7 million Croatian grant to compensate Croatia Airlines for damage caused in the context of the coronavirus pandemic by the travel restrictions and containment measures introduced by Croatia and other destination countries in the period between 19 March 2020 and 30 June 2020.
In its judgment, the General Court fully upheld the Commission’s assessment. It found that the Commission had correctly calculated the damage suffered by Croatia Airlines in the relevant period and correctly assessed proportionality of the aid. In particular, the Court held that the Commission was entitled to take operational revenues and costs recorded during the relevant period as the reference value for the calculation of the damage suffered by Croatia Airlines.

Ferriere Nord v Commission (09/11/2022)

The Commission takes note of the judgments by the General Court dismissing the actions brought by Alfa Acciai SpA, Feralpi Holding SpA, Ferriere Nord SpA, Valsabbia Investimenti SpA and Ferriera Valsabbia SpA for the annulment of the Commission decision of 4 July 2019 which found a cartel in the Italian market of steel reinforcing bars for concrete, in breach of Article 65 of the ECSC Treaty.
In its judgments today, the General Court fully upheld the Commission’s assessment and decision.

Fiat Chrysler Finance Europe v Commission (08/11/2022)

The Commission takes note of today's judgment of the Court of Justice of the European Union, which sets aside the General Court’s judgment and annuls the Commission’s Decision of 21 October 2015, finding that Luxembourg granted selective tax advantages to Fiat’s financing company, in breach of EU State aid rules.
As the Executive Vice-President Margrethe Vestager, responsible for competition policy, said today:

• Even if the Commission’s decision was annulled, the judgment gives important guidance on the application of EU State aid rules in the area of taxation. The Court confirmed that action by Member States in areas that are not subject to harmonization by EU law is not excluded from the scope of the Treaty provisions on the monitoring of State aid.
• The Commission is committed to continue using all the tools at its disposal to ensure that fair competition is not distorted in the Single Market through the grant by Member States of illegal tax breaks to multinational companies.
• The Commission’s work, both on enforcement of State aid rules and on the wider taxation agenda, is yielding results beyond individual State aid decisions. Some Member States have amended their tax legislation. Many Member States have incorporated OECD rules and introduced ruling practices to address loopholes and ensure more tax fairness. We have made a lot of progress already at national, European and global levels, and we need to keep working together to succeed. This includes continuing to look at aggressive tax planning measures of Member States under EU State aid rules, in light of the most recent case law of the Court.

Customer savings generated by the Commission’s antitrust and merger enforcement: a 10-year perspective (11/11/2022)

It is possible to use a relatively simple methodology relying on previous work from the OECD to estimate the direct customer savings generated by the Commission’s antitrust and merger enforcement.
[...] Impressive as these numbers may be, they only reflect the “tip of the iceberg” in terms of positive effects of competition enforcement for society. Indeed, competition enforcement also generates (i) indirect deterrence effects and (ii)positive non-price effects on innovation, quality, and productivity which are likely to be significantly larger, but also more difficult to calculate.

EU Competition rules – specialisation agreements (extending the validity) (14/10/2022)

The purpose of this initiative is to extend the period of validity of the block exemption rules for specialisation agreements. This will give sufficient time to revise the rules and avoid any regulatory gaps or legal uncertainty.

EU competition rules – research and development agreements (extending the validity) (14/10/2022)

The purpose of this initiative is to extend the period of validity of the block exemption rules for research and development agreements. This will give sufficient time to revise the rules and avoid any regulatory gaps or legal uncertainty.

Digital Markets Act: rules for digital gatekeepers to ensure open markets enter into force (31/10/2022)

On November 1st, the EU Digital Markets Act (DMA) will enter into force. The new Regulation will put an end to unfair practices by companies that act as gatekeepers in the online platform economy. It was proposed by the Commission in December 2020 and agreed by the European Parliament and the Council in record-time, in March 2022.

Commission approves SalMar's acquisition of NTS, subject to conditions (31/10/2022)

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

Commission approves €3.4 billion Danish scheme to support energy intensive companies in the context of Russia's war against Ukraine (31/10/2022)

The European Commission has approved a €3.4 billion (DKK 25.2 billion) Danish subsidised loan scheme to support companies in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, and amended on 20 July 2022 and on 28 October 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.

Eurobarometer surveys show strong support among EU citizens and SMEs for competition policy (25/10/2022)

Today, the European Commission has published the 2022 Eurobarometer surveys dedicated to EU competition policy. The surveys show strong support among citizens and Small and Medium Enterprises (‘SMEs') for both competition policy and its enforcement.

Commission approves €1.5 billion Belgian scheme to support energy suppliers in the context of Russia's war against Ukraine (28/10/2022)

The European Commission has approved a €1.5 billion Belgian guarantee scheme to support gas and electricity suppliers in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, and amended on 20 July 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 Hungarian support for new auto parts plant in Észak Magyarország (27/10/2022)

The European Commission has opened an in-depth investigation to assess whether public support that Hungary plans to grant for the construction of a new automotive components plant in Észak Magyarország is in line with EU State aid rules. The beneficiary of the measure would be Rubin NewCo Kft.

Commission further consults Member States on prolongation and adjustment of Temporary Crisis Framework (26/10/2022)

The European Commission is further consulting Member States on a prolongation and adjustment of the State aid Temporary Crisis Framework to support the economy in the context of Russia's war against Ukraine, adopted by the Commission on 23 March 2022 and first amended on 20 July 2022. This follows a first consultation of Member States launched on 5 October 2022.

Commission approves €1.25 billion Hungarian scheme to support companies in context of Russia's war against Ukraine (26/10/2022)

The European Commission has approved a €1.25 billion Hungarian loan and guarantee scheme to support small and medium enterprises and large companies in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 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 Philip Morris International's acquisition of Swedish Match, subject to conditions (25/10/2022)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Swedish Match by Philip Morris International. The approval is conditional on full compliance with commitments offered by Philip Morris International.

Commission provides guidance on its leniency policy and practice (25/10/2022)

The European Commission has published guidance that aims to facilitate leniency applications by providing further transparency, predictability and accessibility to potential leniency applicants.

Making Markets Work for People (27/10/2022)

Keynote by Executive Vice-President Vestager,
Making Markets Work for People conference, Brussels,
27 October 2022.
[...] "competition policy and regulation have a common role to play in keeping digital markets open and fair. Digital markets have special features, as we have learned over the last years. It has to do with the scale and the role played by data. These markets can still work for people, but for that to happen, we need to ensure they remain fair and contestable. So, we continue with our competition lave enforcement on a case-by-case basis and also supplement it with new regulation." [...]

A Principles-Based approach to Competition Policy (25/10/2022)

Keynote by Executive Vice-President Vestager,
European Competition Law Tuesdays, Brussels,
25 October 2022.
[...] "in our interactions with global stakeholders, it is not the ‘EU's way of doing things' that we are seeking to defend and promote. Rather, it is the principles which underpin fair and effective competition, which protect the well-being of consumers and which lead to growth and innovation."

DB Station & Service (27/10/2022)

The Commission takes note of the preliminary ruling of the Court of Justice clarifying the power of civil courts to review user charges for railway infrastructure based on the criteria laid down in Article 102 TFEU and in national competition law. The Commission will carefully study the judgment.

Siremar v Commission (26/10/2022)

The European Commission takes note of the judgment of the General Court upholding a 2021 State aid decision.
In the decision, the Commission concluded that the public service compensation granted since 2009 to Siremar and later to its acquirer Società di Navigazione Siciliana for the operation of ferry services in Italy is in line with EU State aid rules. However, it found that the illegal prolongation of the rescue aid to Siremar and the exemptions from certain taxes in the context of Siremar’s privatisation are incompatible with the internal market.
In its judgment, the General Court fully upheld the Commission’s assessment. It also found that the duration of the Commission’s in-depth investigation does not have an impact on the applicant’s obligation to repay the incompatible aid received.

Making Markets Work for People: the conference (28/10/2022)

On 27 October, 2022, Executive Vice-President Margrethe Vestager hosted Making Markets Work for People, a conference that reviewed and debated the impact of competition policy on people’s lives.
In case you missed it, you can watch the complete video of the recorded sessions.

Commission adopts revised State aid Framework for research, development and innovation (19/10/2022)

The European Commission has adopted a revised Communication on State aid rules for research, development and innovation, which sets out the rules under which Member States can grant State aid to companies for RDI activities, while ensuring a level playing field. The 2022 RDI Framework, which contributes to the EU's strategic objectives relating to the green and digital transitions, has entered into force today.

Commission approves €10 billion Polish scheme to compensate energy-intensive companies for indirect emission costs (17/10/2022)

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

Commission approves €500 million Spanish scheme under the Recovery and Resilience Facility to support roll out of broadband backhaul networks in rural areas (17/10/2022)

The European Commission has approved, under EU State aid rules, a €500 million Spanish scheme made available through the Recovery and Resilience Facility to support the deployment of broadband backhaul infrastructure in rural areas. The measure is part of Spain's strategy to address the needs of citizens and business 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 KPS acquisition of Real Alloy Europe, subject to conditions (19/10/2022)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Evergreen Holding Germany GmbH and Real Alloy UK Holdco Ltd by KPS Special Situations Fund V, a fund managed by KPS Capital Partners, LP through its subsidiary Speira BidCo I GmbH. The approval is conditional on full compliance with commitments offered by KPS.

Competition: the Rules of the Game (13/10/2022)

Remarks by Executive Vice-President Vestager,
the Schwarzkopf Foundation,
13 October 2022.
[...] "for competition to be fair, the playing field must be level. Our competition rules are there to make sure that happens - in other words, to make sure that what determines the winners and losers is how well they play the game, and nothing else." [...]

Greece v Commission (19/10/2022)

The Commission takes note of the judgments of the General Court. In its judgments, the General Court fully upheld a 2019 State aid decision whereby the Commission found that aid granted by Greece to undertakings operating in certain Prefectures following the large forest fires of 2007 amounted to unlawful and incompatible aid and ordered recovery.
In addition, the General Court confirmed that aid to make good the damage caused by a natural disaster or exceptional circumstances under Article 107(2)(b) TFEU can be granted only to those undertakings damaged by the event and that the compensation must be subject to a number of conditions and requirements.
See also judgment in Sogia Ellas v Commission (T-347/20).

Ighoga Region 10 and Others v Commission (19/10/2022)

The Commission takes note of today’s judgment of the General Court dismissing the action for annulment brought against a Commission Decision of 28 April 2020. In its decision, the Commission had rejected a complaint alleging State aid in favour of Maritim Group as an operator of a congress centre and of a hotel in Ingolstadt.
In its judgment, the General Court fully upheld the Commission’s finding that no direct or indirect advantage was conferred onto Maritim Group and that the measures challenged in the complaint do therefore not constitute State aid within the meaning of EU law.

Making Markets Work for People (27/10/2022)

Registration is open for Making Markets Work for People. EVP Vestager is inviting top political and business leaders, academics and civil-society representatives to debate the social dimension of competition policy and explore what it can do for ordinary people, especially in this growing cost-of-living crisis.
The conference will take place at The EGG Brussels and online on 27 October, 2022.

Looking back at the State aid COVID Temporary Framework: the take-up of measures in the EU (21/10/2022)

At the end of 2021, Member States granted around €940 billion to companies in the context of the COVID-19 crisis, representing about 3.39% of total EU27 GDP on an annual basis.
[...] In 2020, Member States’ expenditure for non-crisis objectives has remained within the ranges existing pre-pandemic, thus showing that COVID aid was successfully channelled and did not crowd out public financing of important projects that support EU objectives.

Second EU-US Joint Technology Competition Policy Dialogue consolidates international cooperation on competition policy and enforcement in technology sector (13/10/2022)

Today, 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 met in Brussels for the second meeting of the EU-US Joint Technology Competition Policy Dialogue (‘TCPD').

Commission approves €220 million Spanish measure to support COBRA in production of renewable hydrogen (13/10/2022)

The European Commission has approved, under EU State aid rules, a €220 million Spanish measure to support Cobra Instalaciones y Servicios, S.A. in the production of renewable hydrogen, with the aim of promoting its use in industrials sectors. The measure contributes to the achievement of the EU Hydrogen Strategy and the European Green Deal targets, while helping reduce dependence on Russian fossil fuels and fast forward the green transition in line with the REPowerEU Plan.

Commission approves €10 million Slovak scheme to support food producers in context of Russia's war against Ukraine (12/10/2022)

The European Commission has approved a €10 million Slovak scheme to support agricultural product processors and the food production sector in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 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 €150 million Finnish strategic reserve to support security of electricity supply (11/10/2022)

The European Commission has approved, under EU State aid rules, a €150 million Finnish capacity mechanism to safeguard security of electricity supply in Finland. The measure will also help reducing CO₂ emissions in the electricity sector, in line with the EU Green Deal, and it will contribute to the objectives of the REPowerEU Plan to reduce dependence on Russian fossil fuels.

Commission approves €1.1 billion Slovakian aid schemes partially funded under Recovery and Resilience Facility to help industry decarbonise production processes and become less energy-intensive (10/10/2022)

The European Commission has approved, under EU State aid rules, two Slovak schemes with a total budget of over €1.1 billion to help companies subject to the EU Emission Trading System decarbonise their production processes and improve their energy efficiency. The schemes will be made available in part through the Recovery and Resilience Facility and in part through the EU Modernisation Fund. The measure contributes to the achievement of the European Green Deal targets, while helping reduce dependence on imported Russian fossil fuels and fast-forward the green transition, in line with the REPowerEU Plan.

Commission approves Celanese's acquisition of DuPont's Mobility and Materials Business, subject to conditions (11/10/2022)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of DuPont's Mobility and Materials Business by Celanese. The approval is conditional on full compliance with commitments offered by Celanese.

Commission sends Statement of Objections to Teva over misuse of the patent system and disparagement of rival multiple sclerosis medicine (10/10/2022)

The European Commission has informed Teva of its preliminary view that the company has breached EU antitrust rules by engaging in practices intended to delay competition to its blockbuster medicine, Copaxone. These consisted in artificially extending patent protection of Copaxone and by systematically spreading misleading information about a competing product with a view to hinder its market entry and uptake.

Remarks of EVP Vestager at the Annual Conference of the EU Heads of Delegation (11/10/2022)

Speech by Executive Vice-President Vestager,
Annual Conference of the EU Heads of Delegation, Brussels,
11 October 2022.
[...] "Dear colleagues, in this global technology race, digital has become the new way of speaking about human rights. Take it on board, make it part of your core tasks as diplomats. Do not ignore it because it sounds technical or complicated. We have a duty towards human rights, and that is a matter of the heart. One should not ignore matters of the heart."

Fairness and Competition Policy (10/10/2022)

Speech by Executive Vice-President Vestager,
European Competition day 2022, Prague,
10 October 2022.
[...] "But the sense of common purpose that I feel all around Europe is also present in our work as competition policy enforcers. With ECN+, and with the new application of Article 22 of the Merger Regulation, the Commission and the National Competition Authorities are more a team now than ever before." [...]

The EU Digital Markets Act (11/10/2022)

An explanation of the Digital Markets Act and how it will bring fairer conditions to consumers and businesses for digital services across the EU.

Merger control in the EU – further simplification of procedures (05/10/2022)

The present consultation is a short targeted additional public consultation, in the context of the ongoing review of EU merger control aimed at further simplifying and streamlining of EU merger control procedures, following the consultation on the draft revised Merger Implementing Regulation and Notice on Simplified Procedure that took place in May 2022.

Commission approves €10 billion Finnish scheme to support electricity producers in the context of Russia's war against Ukraine (07/10/2022)

The European Commission has approved a €10 billion Finnish loan guarantee scheme to support energy producers in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, and amended on 20 July 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 €5 billion Finnish umbrella scheme to support municipal electricity producers and suppliers in the context of Russia's war against Ukraine (07/10/2022)

The European Commission has approved a €5 billion Finnish subsidised loan umbrella scheme to support municipal electricity producers and suppliers in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, and amended on 20 July 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 consults Member States on proposal to prolong and amend Temporary Crisis Framework (06/10/2022)

The European Commission has sent to Member States for consultation a draft proposal to prolong and adjust the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 to enable Member States to use the flexibility foreseen under State aid rules to support the economy in the context of Russia's war against Ukraine. The Temporary Crisis Framework was first amended on 20 July 2022, to complement the Winter Preparedness Package and in line with the REPowerEU Plan objectives.
See also Statement by Executive Vice-President Vestager.

Commission approves €292.5 million Italian measure under Recovery and Resilience Facility to support STMicroelectronics in construction of a plant in the semiconductor value chain (05/10/2022)

The European Commission has approved, under EU State aid rules, a €292.5 million Italian measure made available through the Recovery and Resilience Facility to support STMicroelectronics in the construction of a plant in the semiconductor value chain in Catania, Sicily. The measure will strengthen Europe's security of supply, resilience and digital sovereignty in semiconductor technologies, in line with the ambitions set out in the European Chips Act Communication. The measure will also contribute to achieving both the digital and green transition.

Commission approves €1 billion German measure to support Salzgitter decarbonise its steel production by using hydrogen (04/10/2022)

The European Commission has approved, under EU State aid rules, a €1 billion German measure to help Salzgitter Flachstahl GmbH decarbonise its steel production processes by using hydrogen, including renewable hydrogen produced on site, thanks to a new production facility. The measure contributes to the achievement of the EU Hydrogen Strategy and the European Green Deal targets, while helping reduce dependence on imported Russian fossil fuels and fast forward the green transition, in line with the REPowerEU Plan.

Commission approves €800 million Greek scheme to support non-household electricity consumers in context of Russia's war against Ukraine (03/10/2022)

The European Commission has approved a €800 million Greek scheme to support non-household electricity consumers in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 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 €134 million German measure to support BASF in the production of renewable hydrogen (03/10/2022)

The European Commission has approved, under EU State aid rules, a €134 million German measure to support BASF SE in the production of renewable hydrogen, with the aims of decarbonising its chemical production processes and of promoting hydrogen use in the transport sector. The measure contributes to the achievement of the EU Hydrogen Strategy and the European Green Deal targets, while helping reduce dependence on Russian fossil fuels and fast forward the green transition in line with the REPowerEU Plan.

Commission approves aid to support the resolution of the Polish Getin Noble Bank S.A. (01/10/2022)

The European Commission has approved, under EU State aid rules, several support measures in the context of the resolution of the Polish Getin Noble Bank S.A.

Commission approves €450 million German measure to replace electricity generation amid Russian natural gas shortages (30/09/2022)

The European Commission has approved, under EU State aid rules, a temporary German measure to enable five lignite-fired power plants to be on stand-by and ready to be activated to the extent needed in the event of natural gas shortages. The measure will compensate the operators of the power plants for the costs of getting the plants ready to operate if needed. The measure, under which aid may be provided until 31 March 2024 at the latest, will contribute to safeguarding natural gas availability amidst Russian natural gas shortages in the context of Russia's war against Ukraine.

Commission opens in-depth investigation into Hydro's proposed acquisition of Alumetal (06/10/2022)

The European Commission has opened an in-depth investigation to assess the proposed acquisition of Alumetal by Norsk Hydro under the EU Merger Regulation. The Commission is concerned that the proposed acquisition may reduce competition in the production and supply of aluminium foundry alloys and master alloys in the European Economic Area.

Commission adopts a more flexible antitrust Informal Guidance Notice; withdraws Antitrust COVID Temporary Framework (03/10/2022)

The European Commission has today adopted a revised Informal Guidance Notice that allows businesses to seek informal guidance on the application of EU competition rules to novel or unresolved questions. The revised Informal Guidance Notice provides for more flexible conditions and aims at increasing legal certainty, to the benefit of businesses seeking the guidance when assessing the legality of their actions under EU competition rules. Informal guidance will take the form of “guidance letters”.

Harvesting the fruits of the digital age (30/09/2022)

Speech by Executive Vice-President Vestager,
IBEC Conference, Dublin,
30 September 2022.
[...] "For the DMA, it is also now time to look at enforcement. It is our enforcement action that will bring changes on the ground. We've passed the first hurdle with the adoption of the legislation in record time. That was the easy part. Now expectations are high that Europe delivers the needed changes in how digital platforms operate. As the first global regulator of systemic big tech practices, we will have other jurisdictions watching. And for our enforcement to be a success, we will also rely on third-parties to detect non-compliance with the DMA or assess compliance proposals by gatekeepers." [...]

Exploring Aspects of the State of Competition in the EU (11/08/2022)

Economic study to obtain:

1. factual evidence and economic analysis regarding three aspects of the current state of competition in the EU, namely:(a) price-concentration relationships,(b) the role of so-called global ‘superstar’ firms, and(c) the importance for European ‘export champions’ of effective ‘competition at home’;
2. and(2) an assessment of the importance of competition for the EU economy.