"Competition weekly e-news" Newsletter Issues

The Commission adopts a Statement of Objections in view of adopting interim measures following Illumina's early acquisition of GRAIL (20/09/2021)

The European Commission has sent a Statement of Objections to Illumina and GRAIL informing them of the interim measures it intends to adopt following the companies' alleged breach of the standstill obligation under the EU Merger Regulation. These measures aim to restore and maintain effective competition while the Commission's review of the acquisition of GRAIL by Illumina is pending.

Commission approves award of slots at Paris-Orly airport to Vueling in context of Air France's recapitalisation (20/09/2021)

The European Commission has ranked Vueling first among the air carriers that have applied for the portfolio of up to 18 daily slots at Paris-Orly airport. These will be made available by Air France to remedy possible undue competition distortions following its recapitalisation by the French State, as approved by the Commission in April 2021. As a result of today's decision, Vueling will obtain the 18 daily slots at Paris-Orly airport and start operating new routes as of November 2021.

DEI v Commission (22/09/2021)

The Commission takes note of the judgment of the General Court, annulling both 2015 and 2017 Commission State aid decisions as well as a 2014 Commission letter, all rejecting a complaint by the Greek electricity producer and supplier “Dimosia Epicheirisi Ilektrisimou AE” (‘DEI’) on alleged State aid to Aluminium S.A. in the form of electricity tariffs below cost.
The Commission will carefully study the judgment and reflect on possible next steps.
See also Curia press release.

Altice Europe v Commission (22/09/2021)

The Commission takes note of the judgment of the General Court fully upholding the Commission’s findings that Altice had breached both the standstill and the notification obligations laid down in the EU Merger Regulation.
The Commission also takes note of the General Court's decision to reduce the level of the fine imposed by the Commission in this case for the breach of the notification obligation, bringing the total fine from €124.5 to €118.3 million.
See also Curia press release.

Commission approves €1.24 billion Italian scheme to support companies hiring young workers in the context of the coronavirus outbreak (16/09/2021)

The European Commission has approved a €1.24 billion Italian scheme to support companies hiring young workforce in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.

Commission approves 2022-2027 regional aid map for Slovakia (16/09/2021)

The European Commission has approved under EU State aid rules Slovakia's map for granting regional aid from 1 January 2022 to 31 December 2027. The Slovak regional aid map is among the first maps approved by the Commission within the framework of the revised Regional aid Guidelines (“RAG”).

Commission approves 2022-2027 regional aid map for Hungary (16/09/2021)

The European Commission has approved under EU State aid rules Hungary's map for granting regional aid from 1 January 2022 to 31 December 2027. The Hungarian regional aid map is among the first maps approved by the Commission within the framework of the revised Regional aid Guidelines (“RAG”).

Commission approves €3 billion French scheme to provide debt and capital support to companies affected by the coronavirus outbreak (14/09/2021)

The European Commission has approved, under EU State aid rules, French plans to set up a €3 billion fund that will invest through debt, hybrid and equity instruments in companies affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.

Commission v Belgium and Magnetrol International (16/09/2021)

In Case C-337/19 P, The Court of Justice set aside the 2019 judgment of the General Court in the Belgian “excess profit” case.
The General Court had annulled a 2016 Commission State aid decision on the Belgian practice of granting “excess profit” tax rulings to multinationals on procedural grounds. More specifically, it had found that the Commission had failed to establish the existence of an aid scheme and that the tax rulings should be assessed as individual measures under State aid rules. It did not express itself on whether or not the measure gave rise to illegal State aid.
In its judgment, the Court of Justice finds that the General Court erred in concluding that the Commission had not established that the “excess profit” exemption was granted under an aid scheme. It confirms that an aid scheme may be based on the consistent administrative practice of a Member State, also where the underlying legal act(s) do not explicitly set out all the characteristics of the scheme. The Court’s judgment further clarifies the conditions for the finding of an aid scheme in such circumstances. Finally, the Court finds that the Commission had established such a scheme to the requisite legal standard in the present case.
The Court of Justice has now referred the cases back to the General Court to rule on the remaining pleas in law put forward by Belgium and Magnetrol against the Commission’s 2016 decision. The General Court had already confirmed that it is within the Commission’s remit under State aid rules to review whether tax measures reducing a corporate taxpayer’s income tax base give rise to a selective advantage, a finding the Court of Justice has now confirmed. It further held that the “excess profit” tax exemptions granted by Belgium did not appear to pursue the objective of avoiding double taxation.
See also Curia press release.

FVE Holýšov I and Others v Commission (16/09/2021)

The Commission takes note of the judgment of the Court of Justice of the European Union upholding the 2019 judgment of the General Court and thus a 2016 Commission State aid decision approving a renewable energy sources State aid scheme in the Czech Republic.
In its judgment, the Court confirmed the Commission’s finding that the scheme involved the use of State resources and thus constituted State aid, which the Commission had found compatible in its decision.

INC and Consorzio Stabile Sis v Commission (15/09/2021)

The Commission takes note of the judgment of the General Court finding that there is no longer any need to adjudicate on the action brought by INC and Consorzio Stabile SIS against a 2018 Commission State aid decision approving certain planned aid measures in favour of several Italian motorway operators.
In particular, the General Court found that the applicants do not longer have an interest in asking the Commission to initiate the formal investigation procedure, given that the Italian Government has definitively abandoned the plan to grant the aid at issue.

CAPA and Others v Commission (15/09/2021)

The Commission takes note of the judgment of the General Court dismissing the appeal of the “Coopérative des Artisans Pêcheurs Associés” (CAPA) against a 2019 Commission State aid decision approving operating aid for electricity generation by six offshore wind farms in French territorial waters.
In its judgment, the General Court confirmed that neither CAPA nor the fishermen do qualify as “interested party” and thus dismissed the application for annulment as inadmissible. In particular, the General Court found that the fishermen are not indirect competitors of the aid beneficiaries and that they did not demonstrate any concrete negative impact of the aid measure on their economic situation. In these regards, the General Court underlined that such effects must result from the aid measure itself, and not from other State measures.
The judgment highlights that entities presenting grievances that do not result from the aid measure itself do not qualify as “interested parties”. That means that such grievances cannot form the basis of a formal State aid complaint before the Commission.
See also Curia press release (in French).

Public consultation on the draft revised Regulation on vertical agreements and vertical guidelines (09/07/2021)

Through the consultation, the Commission aims to gather stakeholder feedback on the changes it proposes to address the issues identified in the evaluation of the current rules.
See also EC press release.

Revision of the Short-term export credit insurance Communication (22/07/2021)

The evaluation of the short-term export credit insurance Communication as part of the Fitness Check found that the current provisions are overall fit for purpose, and remain needed. The proposed revision envisages a small number of amendments, which would be mostly of technical character ...

Green Gazette: The European Green Deal and competition policy (10/09/2021)

Competition policy's contribution : How competition policy can support the European Green Deal: Rationale and references.

Commission approves Greek measures to increase access to electricity for PPC's competitors (10/09/2021)

The European Commission has made legally binding, under EU antitrust rules, measures proposed by Greece to allow the competitors of Public Power Corporation (PPC), the Greek state-owned electricity incumbent, to purchase more electricity on a longer-term basis. Greece submitted these measures to remove the distortion created by PPC's exclusive access to lignite-fired generation, which the Commission and Union courts had found to create an inequality of opportunity in Greek electricity markets. The proposed remedies will lapse when existing lignite plants stop operating commercially (which is currently expected by 2023) or, at the latest, by 31 December 2024.

€314.6 million capital injection from PostNord to Post Danmark does not constitute State aid; Denmark and Sweden need to recover €66 million of incompatible aid from PostNord (10/09/2021)

The European Commission has found that an internal capital injection of DKK 2.34 billion (approximately €314.6 million) from PostNord to Post Danmark does not constitute State aid within the meaning of EU rules. At the same time, the Commission has found that two capital injections from Denmark and Sweden to PostNord, for a total of SEK 667 million (approximately €66 million) constitute incompatible State aid. Consequently, Denmark and Sweden have to recover respectively SEK 267 million (approximately €26.4 million) and SEK 400 million (approximately €39.6 million) from PostNord.

Commission finds new air carrier ITA is not Alitalia's economic successor and Italy's capital injections into ITA are market conform (10/09/2021)

The European Commission has found that Italia Trasporto Aereo S.p.A. (“ITA”) is not the economic successor of Alitalia and, hence, it is not liable to repay illegal State aid received by Alitalia. It also found that Italy's capital injections of €1.35 billion into the new company are in line with market conditions, and therefore do not amount to State aid under EU rules.
See also Statement by EVP Vestager

Commission concludes Italian loans worth €900 million to Alitalia are illegal aid (10/09/2021)

The European Commission has concluded that two State loans for an amount of €900 million, granted by Italy to Alitalia in 2017, are illegal under EU State aid rules. Italy must therefore recover the illegal State aid, plus interest, from Alitalia.
See also Statement by EVP Vestager

Naturgy Energy Group v Commission (08/09/2021)

The Commission takes note of the judgment of the General Court, which upheld a 2017 Commission State aid decision opening a formal investigation procedure to assess the compatibility with the internal market of the Spanish Environmental incentive for coal-fired power plants.
In its judgment, the General Court confirmed that the Commission provided sufficient reasoning in its decision, both for its preliminary conclusion that the measure at issue constitutes State aid and on the existence of serious doubts about its compatibility with the internal market.

Achema and Achema Gas Trade v Commission (08/09/2021)

The Commission takes note of the judgment of the General Court, which partially annulled a 2018 Commission State aid decision approving amendments carried out in 2016 and 2019 to a Lithuanian aid scheme initially approved by the Commission in 2013. The aim of the scheme was to support the construction and operation of a liquefied natural gas terminal in the port of Klaipėda.
In its judgment, the General Court annulled the 2018 State aid decision in so far as the Commission decided not to raise objections to the State aid resulting from the 2016 amendments, while it confirmed the Commission’s assessment of the compatibility of the 2019 amendments.
The Commission will carefully study the judgment.

Competition policy in support of the Green Deal (10/09/2021)

Executive Vice-President Vestager’s keynote speech,
delivered by Inge Bernaerts, Director, DG Competition,
25th IBA Competition Conference,
10 September 2021.
[...] "That’s forcing us all to think really hard about what we can do to help turn things around. And that’s as true for competition enforcers as anyone else. We need to find ways to help tackle these threats – without rushing into actions that will just make things worse." [...]

Competition Policy in Support of Europe’s Green Ambition (10/09/2021)

New issue of the Competition Policy Brief.
[...] "By keeping markets open, competitive and innovative, competition policy can and will support the objectives of the European Green Deal at all levels. " [...]

Broadband networks – revision of State aid guidelines (29/07/2021)

A recent evaluation of the State aid rules for the broadband sector shows that while they work well overall, they require some targeted adjustments.
This roadmap is open for feedback for 7 weeks. Feedback will be taken into account for further development and fine tuning of the initiative. The Commission will summarise the input received in a synopsis report explaining how the input will be taken on board and, if applicable, why certain suggestions can't be taken up.

Open tender procedure for: Commission Assessment of Future Market Entry, Expansion and Imports in EU Merger Decisions (24/06/2021)

With a view to improving its enforcement practice in merger control, the European Commission intends to evaluate whether its ex-ante assessments of future market developments, such as entry, expansion or imports, as set out in the EC’s merger decisions were correct.
The deadline to submit tenders to this open procedure is 15 September 2021.

Ja zum Nürburgring v Commission and NeXovation v Commission (02/09/2021)

The Commission takes note of the judgments of Court of Justice of the European Union to partially annul the 2019 judgments of the General Court upholding a 2014 State aid Commission decision concerning the Nürburgring racetrack in Germany.
In its decision, the Commission had found that certain support measures in favour of the company owning the Nürburgring were incompatible with the internal market, but that potential recovery of the aid would not concern the buyers. At the same time, the Commission found that the subsequent sale of the racetrack to Capricorn at the end of the tender process did not constitute State aid.
The judgment partially annuls the 2019 judgments of the General Court to the extent that they confirm the second finding of the Commission, but rejects the appeals in so far as they seek annulment of the first finding of the Commission.
We will carefully study the judgment and reflect on the next steps.
See also:

• Curia press release.
• Judgment in Case C-665/19 P NeXovation v Commission.

Commission approves €520 million Italian scheme to compensate the trade fairs and congress sector for damages suffered due to the coronavirus outbreak (30/08/2021)

The European Commission has approved, under EU State aid rules, a €520 million Italian scheme to compensate companies active in the trade fairs and congress sector and their service providers for the damages suffered due to the restrictive measures introduced by the Italian government to limit the spread of the coronavirus.

Commission v Tempus energy and Tempus Energy Technology (02/09/2021)

The Commission takes note of the judgment of the Court of Justice of the European Union which sets aside the 2018 ruling by the General Court in this case.
In 2018, the General Court had annulled a 2014 Commission State aid decision approving the UK capacity market based on its finding that the Commission should have opened a formal investigation procedure to assess the compatibility of the measure with the internal market.
Today’s judgment fully upholds the Commission’s decision. In particular, it confirmed that, while the formal investigation procedure remains a necessary step when the Commission has serious doubts about compatibility of a measure with the internal market, certain factors in this case, including the length of the pre-notification phase, the novelty and complexity of the case, were not in themselves decisive to conclude that the opening of a formal investigation procedure was required.

Study on Market Trends in healthcare and social housing and Study on Market Trends in EU State aid implications (02/09/2021)

As part of the evaluation on state subsidy rules for health and social services of general economic interest SGEI, DG COMP has published an external study on market trends in healthcare and social housing and EU State aid implications.

Commission approves Belgian Capacity Mechanism (27/08/2021)

The European Commission has approved, under EU State aid rules, Belgium's capacity mechanism. The measure will contribute to ensuring the security of electricity supply, in particular in view of Belgium's decision to phase out all nuclear capacity by 2025, without unduly distorting competition in the Single Market. It is the first capacity mechanism approved by the Commission after the entry into force of the new Electricity Regulation.

Commission approves €500 million Greek aid scheme to support uncovered fixed costs of companies affected by coronavirus outbreak (27/08/2021)

The European Commission has approved a Greek scheme to support the uncovered fixed costs of companies affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework and has an estimated budget of up to €500 million.

Commission approves €5.7 billion French scheme to support production of electricity from small solar installations on buildings (27/08/2021)

The European Commission has approved, under EU State aid rules, a €5.7 billion French aid scheme to support renewable electricity production from small solar installations located on buildings. The measure will help France achieve its 2030 target of producing 33% of its energy needs from renewable sources and will contribute to the European objective of achieving climate neutrality by 2050, without unduly distorting competition.

Commission approves €108 million Danish aid measure to support coronavirus-related research and development activities of Bavarian Nordic (24/08/2021)

The European Commission has approved a €108 million Danish aid measure to support coronavirus-related research and development (R&D) activities of Bavarian Nordic, a company active in the vaccine development and manufacturing industry. The scheme was approved under the State aid Temporary Framework.

Commission approves €1 billion Cypriot scheme to support enterprises and self-employed individuals in context of coronavirus outbreak (17/08/2021)

The European Commission has approved a €1 billion Cypriot scheme to support enterprises and self-employed individuals in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.

Commission gives green light to new synthetic securitisation product under the European Guarantee Fund to further support SMEs affected by the coronavirus outbreak in 22 Member States (16/08/2021)

The European Commission approved, under EU State aid rules, the introduction of a new product in the the form of guarantees on synthetic securitisation tranches under the European Guarantee Fund managed by the European Investment Bank Group (consisting of the European Investment Bank, “EIB” and the European Investment Fund, “EIF”) to support companies affected by the coronavirus outbreak in the 22 participating Member States. With an envisaged dedicated budget of €1.4 billion, the new product is expected to mobilise at least €13 billion of new lending to small and medium-size enterprises (SMEs) affected by the outbreak. This is a significant contribution to the overall target for the European Guarantee Fund to mobilise up to €200 billion of additional financing in the 22 participating Member States.

Commission approves €550 million German support to compensate Deutsche Bahn for damages suffered by its subsidiary DB Fernverkehr due to the coronavirus outbreak (10/08/2021)

The European Commission has found a €550 million German support measure in favor of Deutsche Bahn AG (“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 damages suffered by its subsidiary DB Fernverkehr due to the coronavirus outbreak between 16 March and 7 June 2020 with respect to domestic travels and between 16 March and 30 June 2020 in relation to international travels.

Commission approves €430 million Italian scheme to compensate ski lift operators for damages suffered due to coronavirus outbreak (04/08/2021)

The European Commission has approved, under EU State aid rules, a €430 million Italian measure to compensate ski lift operators for the damages suffered due to the restrictive measures introduced by the Italian government to limit the spread of the coronavirus, which prohibited the access of the general public to ski lifts between 4 December 2020 and 30 April 2021.

Commission approves German measures worth over €2.5 billion to support rail freight and passenger operators affected by the coronavirus outbreak (30/07/2021)

The European Commission has approved, under EU State aid rules, two German schemes supporting the rail freight sector and the long-distance rail passenger sector in the context of the coronavirus outbreak.

Commission starts investigation for possible breach of the standstill obligation in Illumina / GRAIL transaction (20/08/2021)

The European Commission has decided to open an investigation to assess whether Illumina's decision to complete its acquisition of GRAIL, while the Commission's in-depth investigation into the proposed transaction is still ongoing, constitutes a breach of the “standstill obligation” under Article 7 of the Merger Regulation. The standstill obligation prevents the potentially irreparable negative impact of transactions on the market, pending the outcome of the Commission's investigation. This investigation is separate from the Commission's in-depth investigation into the substance of the case which will continue in line with the timelines foreseen in the Merger Regulation.

Commission opens in-depth investigation into proposed acquisition of Kustomer by Facebook (02/08/2021)

The European Commission has opened an in-depth investigation to assess the proposed acquisition of Kustomer by Facebook under the EU Merger Regulation. The Commission is concerned that the proposed transaction would reduce competition in the market for the supply of Customer Relationship Management (CRM) software.

Sector Inquiry on Consumer Internet of Things (09/06/2021)

The objective of the consultation is to gather comments on the preliminary report of the ongoing competition Sector Inquiry into the consumer Internet of Things (IoT).

Conference on the Future of Europe (29/07/2021)

The Conference on the Future of Europe is a unique and timely opportunity for European citizens to debate on Europe’s challenges and priorities. No matter where you are from or what you do, this is the place to think about what future you want for the European Union. Your ideas will be collected, analysed, monitored and published on the platform, throughout the Conference. They will then feed into the discussions taking place in the European citizens’ Panels and the Plenaries. A feedback mechanism will ensure that the ideas expressed during the Conference events result in concrete recommendations for EU action. DG COMP invites you to join the discussion!

Commission approves 2022-2027 regional aid map for Czechia (30/07/2021)

The European Commission has approved under EU State aid rules Czechia's map for granting regional aid from 1 January 2022 to 31 December 2027. The Czech regional aid map is the first map approved by the Commission within the framework of the revised Regional aid Guidelines (“RAG”).

Commission approves €30.5 billion French scheme to support production of electricity from renewable energy sources (27/07/2021)

The European Commission has approved, under EU State aid rules, a French aid scheme to support renewable electricity production. The measure will help France achieve its renewable energy targets without unduly distorting competition and will contribute to the European objective of achieving climate neutrality by 2050.

Commission approves €525.3 million German aid in favour of airline Condor in context of coronavirus outbreak (27/07/2021)

The European Commission has found an aid package by Germany in favour of the airline Condor to be in line with EU State aid rules. The approval of the aid package, based on three separate Commission's decisions, relates to two measures to compensate Condor for damages suffered as a result of the coronavirus outbreak, worth in total €204.1 million, and €321.2 million of restructuring support to enable Condor's return to viability.

Commission approves €800 million Italian scheme to compensate airports and ground-handling operators for the damage suffered due to the coronavirus outbreak (26/07/2021)

The European Commission has approved, under EU State aid rules, a €800 million Italian scheme to compensate airports and ground-handling operators for the damage suffered due to the coronavirus outbreak and the travel restrictions that Italy and other countries had to implement to limit the spread of the virus.

Commission approves acquisition of Telekom Romania by Orange, subject to conditions (28/07/2021)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Telekom Romania Communications by Orange SA. The approval is conditional on the divestiture of TKR's 30% minority shareholding in Telekom Romania Mobile Communications, which is a direct competitor of Orange.

Public consultation on the revised Climate, Energy and Environmental Aid Guidelines (CEEAG) (07/06/2021)

The two main drivers of the revision are an enlargement of the scope of the Guidelines to new areas and all technologies that can deliver the Green Deal and a flexibilisation of compatibility rules.
See also the corresponding EC press release.

Commission simplifies rules for aid combined with EU support and introduces new possibilities to implement aid measures supporting the twin transition and the recovery from coronavirus pandemic (23/07/2021)

The European Commission adopted today an extension of the scope of the General Block Exemption Regulation (GBER), which will allow Member States to implement certain aid measures without prior Commission scrutiny. The revised rules concern: (i) aid granted by national authorities for projects funded via certain EU centrally managed programmes under the new Multiannual Financial Framework; and (ii) certain State aid measures that to support the green and digital transition and are, at the same time, relevant for the recovery from the economic effects of the coronavirus pandemic.
See also the corresponding FAQs.

Commission opens in-depth investigation into financing of Post Danmark's universal service obligation (23/07/2021)

The European Commission has opened an in-depth investigation to assess whether the compensation granted by Denmark to Post Danmark to fulfil its public service mission for the year 2020 is in line with EU State aid rules.

Commission opens in-depth investigation into arbitration award in favour of Antin to be paid by Spain (19/07/2021)

The European Commission has opened an in-depth investigation in order to assess whether an arbitration award, to be paid by Spain in favour of Antin as compensation for the foregone support following the modification of a renewable electricity support measure, is in line with EU rules on State aid.

Commission approves €1 billion Spanish recapitalisation scheme to provide debt and capital support to companies affected by the coronavirus outbreak (19/07/2021)

The European Commission has approved, under EU State aid rules, Spanish plans to set up a €1 billion recapitalisation fund that will invest through debt and equity instruments in certain companies affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.

Commission opens in-depth investigation into proposed acquisition of GRAIL by Illumina (22/07/2021)

The European Commission has opened an in-depth investigation to assess the proposed acquisition of GRAIL by Illumina, under the EU Merger Regulation. The Commission is concerned that the proposed acquisition may reduce competition and innovation in the emerging market for the development and commercialisation of cancer detection tests based on sequencing technologies.

Consultation on a draft regulation amending the Agriculture and Fishery De minimis regulations (28/05/2021)

The present consultation is launched in the context of the need to adapt the de minimis regulations in the agricultural and fishery sectors to reflect the provisions of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and its Protocol on Ireland/Northern Ireland.

New infographic: Antitrust work in the current mandate (14/07/2021)

Graphical illustration of the enforcement work in the antitrust and cartels instrument since the mandate of the current European Commission started (Dec. 2019). It includes final decisions in antitrust and cartels cases, new investigations, Statements of Objections, as well as the preliminary results of an enquiry into the sector of Internet of Things (IoT) for consumer-related products and services.

Commission approves €1.2 billion rescue loan; opens investigation into €3.2 billion Portuguese further restructuring aid in favour of TAP (16/07/2021)

By two separate decisions adopted today, the European Commission has (i) re-approved €1.2 billion rescue aid to Transportes Aéreos Portugueses SGPS S.A. (“TAP Air Portugal”), and (ii) opened an investigation to assess whether the restructuring aid Portugal plans to grant to TAP is in line with EU rules on State aid granted to companies in difficulty.

Commission approves €2.5 billion Italian scheme to support self-employed and healthcare professionals in context of coronavirus outbreak (14/07/2021)

The European Commission has approved a €2.5 billion Italian scheme to support self-employed individuals and certain healthcare professionals in the context of the coronavirus outbreak, by partially exempting them from social security contributions. The scheme was approved under the State aid Temporary Framework.

Commission publishes findings of evaluation of Market Definition Notice (12/07/2021)

The European Commission has published today a Staff Working Document that summarises the findings of the evaluation of the Market Definition Notice used in EU competition law.

Deutsche Lufthansa v Commission (15/07/2021)

The Commission takes note of the judgment of the Court of Justice of the European Union on the appeal of Lufthansa against the 2019 judgment of the General Court dismissing Lufthansa’s action for annulment of 2014 Commission State aid Decision concerning the financing of Frankfurt Hahn airport and the financial relations between the airport and Ryanair.
In today’s judgment, the Court dismissed the appeal in its entirety as in part inadmissible and in part unfounded.
The Commission will carefully study the judgment.

Volvo and Others (15/07/2021)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union on the interpretation of Article 7(2) of Brussels I Recast and in particular on the allocation of jurisdiction over cartel damages claims.
See also Curia's press release.

Ryanair and Laudamotion v Commission (14/07/2021)

The Commission takes note of today’s judgment of the General Court which upheld a 2020 Commission State aid decision approving aid to Austrian Airlines, to compensate the airline for the damage from the cancellation or re-scheduling of its flights following travel restrictions and other lockdown measures in the context of the coronavirus outbreak.
In particular, the General Court agreed with the Commission that under Article 107(2)(b) TFEU:

• the Commission may consider appropriate to allow compensation for net losses not only for the period of grounding of the beneficiary’s entire fleet, but also for the days immediately preceding that period when there were already cancellations and rescheduling of flights due to restrictions;
• a Member State can compensate the damage only to one undertaking even when the whole sector suffers from damages directly caused by an exceptional occurrence.

Nike European Operations Netherlands and Converse Netherlands v Commission (14/07/2021)

The European Commission takes note of today’s judgment of the General Court, upholding the Commission’s decision of 10 January 2019 opening a formal investigation procedure into alleged State aid granted by the Netherlands to two Nike group companies based in the Netherlands: Nike European Operations Netherlands BV (‘NEON’) and Converse Netherlands BV (‘CN BV’).
The Commission decision sets out in detail the Commission’s preliminary view that led to the opening of a formal investigation procedure with respect to possible State aid granted through several tax rulings by the Netherlands to Nike. The in-depth investigation gives the Netherlands and interested third parties, including the beneficiaries, an opportunity to submit comments. It does not prejudge the outcome of the investigation.
The action against the Commission decision was brought forward by the beneficiaries of the alleged State aid, NEON and CN BV, which claimed a breach of the obligation to state reasons, manifest errors of assessment and non-compliance with procedural rights.
In its judgment, the General Court dismisses the action brought against the Commission decision in its entirety and rejects all arguments put forward by the applicants. It finds that, with its opening decision, the Commission complied with the procedural rules and fulfilled its obligation to state reasons. It also did not make any manifest errors in its preliminary assessment of the selective nature of the tax rulings and complied with the principles of good administration and equal treatment.
See also Curia's press release.

Revision of the Guidelines on State aid to promote risk finance investments (21/05/2021)

The evaluation of the Risk Finance Guidelines as part of the State aid Fitness Check found that the current provisions are overall fit for purpose, and remain needed. At the same time, the evaluation also showed the need to further simplify and clarify the rules.
See also the corresponding Commission press release.

Trade & investment – addressing distortions caused by foreign subsidies (07/05/2021)

This adopted act is open for feedback for a minimum period of 8 weeks. All feedback received will be summarised by the European Commission and presented to the European Parliament and Council with the aim of feeding into the legislative debate. Feedback received will be published on this site and therefore must adhere to the feedback rules.

Antitrust and cartels (06/05/2021)

New Legislation
'What's new?'

State aid (21/05/2021)

New Legislation
'What's new?'

Mergers (21/05/2021)

New Legislation
'What's new?'

Commission invites interested parties to provide comments on draft revised Vertical Block Exemption Regulation and Vertical Guidelines (09/07/2021)

The European Commission has launched today a public consultation inviting all interested parties to comment on the draft revised Vertical Block Exemption Regulation (“VBER”) and Vertical Guidelines.

Commission fines car manufacturers €875 million for restricting competition in emission cleaning for new diesel passenger cars (08/07/2021)

The European Commission has found that Daimler, BMW and Volkswagen group (Volkswagen, Audi and Porsche) breached EU antitrust rules by colluding on technical development in the area of nitrogen oxide cleaning. The Commission has imposed a fine of € 875 189 000. Daimler was not fined, as it revealed the existence of the cartel to the Commission. All parties acknowledged their involvement in the cartel and agreed to settle the case.
See also Statement by Executive Vice-President Vestager.

Commission clears acquisition of Willis Towers Watson by Aon, subject to conditions (09/07/2021)

The European Commission has approved, under the EU Merger Regulation, the acquisition of Willis Towers Watson (‘WTW') by Aon. The approval is conditional on full compliance with a substantial set of commitments offered by Aon, including the divestment of central parts of WTW's business to the international brokerage company Arthur J. Gallagher (‘Gallagher'). The commitments will strengthen Gallagher in its capabilities in reinsurance and commercial risk brokerage and improve its footprint in the European Economic Area (‘EEA'). It will thus become a credible alternative to the combined entity post-transaction.

Commission opens in-depth investigation into proposed merger of Cargotec and Konecranes (02/07/2021)

The European Commission has opened an in-depth investigation to assess the proposed merger of Cargotec Corporation and Konecranes Plc under the EU Merger Regulation. The Commission is concerned that the proposed acquisition may reduce competition in the supply of certain container and cargo handling equipment in Europe.

Commission approves €750 million German State guarantee scheme for the Travel Insolvency Fund in the context of the coronavirus outbreak (09/07/2021)

The European Commission has approved, under EU State aid rules, a €750 million German scheme in the form of a State guarantee for loans that may be taken out by the Travel Insolvency Fund (‘the Fund'), to reimburse travellers in case of insolvency of package travel organisers.

Commission publishes results of evaluation of EU State aid rules for deployment of broadband networks (07/07/2021)

The European Commission has published a Commission Staff Working Document summarising the results of an evaluation of the State aid rules for the deployment of broadband networks: (i) the Broadband Guidelines and (ii) the corresponding provisions of the General Block Exemption Regulation (GBER). The evaluation concludes that, overall, the existing rules work well and are fit for purpose. However, some adjustments may be necessary to adapt the current rules to recent technological progress and to align them with the current EU policy objectives, in particular the EU 2025 Gigabit Society and 2030 Digital Compass.

Commission opens in-depth investigation into €190 million Romanian support measures in favour of TAROM (05/07/2021)

The European Commission has opened an in-depth investigation to assess whether Romanian support measures in favour of the airline TAROM would be in line with EU rules on State aid to companies in difficulty.

Commission approves €39.7 million of Italian aid measure to compensate Alitalia for further damages suffered due to coronavirus outbreak (02/07/2021)

The European Commission has found that an Italian aid measure of €39.7 million to support Alitalia is in line with EU State aid rules. This measure aims at compensating the airline for the damages suffered on certain routes due to the coronavirus outbreak during the period between 1 March and 30 April 2021.

Global perspectives on EU Competition Policy (05/07/2021)

Speech by EVP Margrethe Vestager,
Competition Summer School, College of Europe,
5 July 2021.
[...] "But competition policy is only one policy area, and of course, the EU is only one jurisdiction. This brings me back to communication, cooperation and openness. Because if we are to tackle these global challenges, we need a joined-up approach – across policy areas, across countries, and across the world." [...]

Irish Wind Farmers' Association and Others v Commission (07/07/2021)

The Commission takes note of the judgment of the General Court on the appeal of the Irish Wind Farmers’ Association (IWFA) against the Commission’s 2019 State aid decision, which rejected the complaint concerning the alleged reduction in business rates for the fossil fuel electricity generation sector in Ireland.
In today’s judgment, the Court dismissed the appeal and upheld the Commission decision which found that there was no aid involved in the alleged reduction in business rates in the energy sector in Ireland.

Building the infrastructure for success in a digital age (09/07/2021)

Speech by EVP Margrethe Vestager,
Three Seas Summit, Sofia,
9 July 2021.
[...]"This is why we’ve been encouraging European countries to coordinate the way they spend money from the Recovery and Resilience Facility, creating multi-country projects in areas like microchips, internet connections and quantum communication." [...]

DG Competition would like to congratulate our colleagues for two award winning articles (01/07/2021)

DG Competition would like to congratulate our colleagues for two awards:

• The ECN Unit team on the "Commission Communication on the protection of confidential information by national courts in proceedings for the private enforcement of competition law";
• The Principal advisor's team behind COMP's study “Modelling the macroeconomic 2020 update and impact of competition policy: further development".

The Commission authorises the regulatory mechanism for the storage of natural gas in France (28/06/2021)

The European Commission has concluded that the regulatory mechanism for the storage of natural gas implemented by France since 2017 complies with EU rules on State aid. The measure will contribute to the security and diversification of the energy supply in France without unduly distorting competition.

Commission approves Austrian network reserve for ensuring security of electricity supply (28/06/2021)

The European Commission has approved, under EU State aid rules, Austrian plans to establish a network reserve for the Austrian electricity market. The temporary measure will be in force until end 2025 and will contribute to safeguarding secure network operation and sufficient electricity supply in Austria, without unduly distorting competition in the Single Market.

Commission opens in-depth investigation into proposed acquisition of Air Europa by IAG (29/06/2021)

The European Commission has opened an in-depth investigation to assess the proposed acquisition of Air Europa by IAG, under the EU Merger Regulation. The Commission is concerned that the proposed transaction may reduce competition in the markets for passenger air transport services on Spanish domestic routes and on international routes to and from Spain.

Fondazione Cassa di Risparmio di Pesaro and Others v Commission (30/06/2021)

The Commission takes note of today’s judgment of the General Court in relation to the damage claim by shareholders and subordinated bondholders of Banca delle Marche, which was resolved in 2015 by decision of Banca d’Italia.
The General Court rejected the claim for damages brought against the Commission by shareholders and subordinated bondholders of Banca delle Marche, as it held that the applicants have not established the existence of a causal link between the Commission’s action/decisions and the possible damage suffered.
The General Court held that the decision to initiate the resolution of Banca delle Marche was an autonomous decision of the Italian authorities and was based on their finding of the bank’s failure, which was the decisive reason for that resolution. The Commission cannot be held responsible for having prevented its rescue.
See also Curia's press release.

Horizontal agreements between companies – revision of EU competition rules : Roadmap open (07/06/2021)

This initiative will revise:

• the rules exempting R&D and specialisation agreements from aspects of EU competition law
• the guidelines accompanying these rules.