"Competition weekly e-news" Newsletter Issues

Commission refers United Kingdom to European Court for failure to fully recover illegal tax exemption aid of up to around €100 million in Gibraltar (19/03/2021)

The European Commission has decided to refer the United Kingdom to the Court of Justice of the European Union for failing to fully recover illegal State aid of up to around €100 million, granted as a tax exemption for passive interest and royalties in Gibraltar, as required by a Commission decision. This case relates to facts that took place before the United Kingdom's withdrawal from the European Union.

Commission approves French scheme to compensate ski lifts operators for damages suffered due to coronavirus outbreak (19/03/2021)

The European Commission has approved, under EU State aid rules, a French scheme with a budget between €140 and €700 million to compensate ski lifts operators for the damages suffered due to the restrictive measures introduced by the government to limit the spread of the coronavirus.

Commission approves €350 million Finnish support to Finavia in the context of the coronavirus outbreak (17/03/2021)

The European Commission has approved, under EU State aid rules, three Finnish measures, with an overall budget of €350 million, to support airport operator Finavia in the context of the coronavirus outbreak.

Commission approves around €350 million Finnish support to compensate Finnair for damages suffered due to coronavirus outbreak (12/03/2021)

The European Commission has found €351.38 million of Finnish support in favour of Finnair to be in line with EU State aid rules. The measure aims at compensating the airline for the damage suffered due to the coronavirus outbreak between 16 March and 31 December 2020.

Commission opens investigation into PPC's behaviour in the Greek wholesale electricity market (16/03/2021)

The European Commission has opened a formal antitrust investigation to assess possible abusive behaviour by Public Power Corporation (‘PPC') in the wholesale Greek electricity sector.

Commission clears acquisition of Eaton Hydraulics by Danfoss, subject to conditions (18/03/2021)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Eaton's hydraulics business (“Eaton Hydraulics”) by Danfoss. The approval is conditional on full compliance with the commitments offered by Danfoss.

The European Commission forms a Multilateral Working Group with leading competition authorities to exchange best practices on pharmaceutical mergers (16/03/2021)

The European Commission's Directorate General for Competition together with the Federal Trade Commission (FTC), the Canadian Competition Bureau, the UK's Competition and Markets Authority, the U.S. Department of Justice, and three Offices of Attorneys General launched today a Multilateral working group to analyse the effects of mergers in the pharmaceutical sector. The working group was initiated by the FTC and is in line with close cooperation between national competition authorities.

Pometon v Commission (18/03/2021)

The Commission takes note of the judgment of the European Court of Justice that confirms the Commission’s decision of 2016 on Pometon SpA’s participation in the steel abrasives cartel.

Today’s judgment also brings clarity on the Commission’s approach for hybrid staggered settlement cartel cases.

The Commission also notes that the European Court of Justice has reduced the amount of the fine imposed on Pometon following its finding that the Commission had incorrectly determined the basic amount of that fine.

Commission v Poland & Commission v Hungary (16/03/2021)

The Commission takes note of the judgments by the Court of Justice of the EU which upheld the judgments by the General Court in the Polish retail tax and in the Hungarian advertising tax State aid cases. The General Court had annulled the Commission 2016 and 2017 State aid decisions concerning an Hungarian tax on advertising and a Polish retail tax respectively. In both cases, the Commission had concluded that the progressive tax rates on turnover granted a selective advantage to companies with low turnover over their competitors.

The Commission will carefully study the judgments and reflect on their implications.

See also:

• Judgment in Case C-596/19 P;
• Curia press relase in Cases C-562/19 P,C-596/19 P

Competition in a digital age (17/03/2021)

Speech by EVP Margrethe Vestager,
European Internet Forum,
17 March 2021.

[...] "the competition rules and the Digital Markets Act will work together in harmony, helping to make our digital markets work better for everyone.
And that’s the way it should be. The digital transition is reshaping our entire lives. And no one set of rules will make sure all these changes happen in a way that puts people first." [...]

Commission approves €1.1 billion Polish scheme to further support companies affected by coronavirus outbreak (11/03/2021)

The European Commission has approved a €1.1 billion (PLN 5 billion) Polish scheme to support companies in various sectors affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.

Commission approves €511 million Italian scheme to compensate commercial rail passenger operators for damages suffered due to coronavirus outbreak (10/03/2021)

The European Commission has approved, under EU State aid rules, €511 million in Italian support to compensate providers of commercial, long-distance rail passenger services for the damage suffered between 8 March and 30 June 2020 due to the coronavirus outbreak and the restrictive measures that Italy had to implement to limit the spread of the coronavirus.

Commission approves €2 billion French scheme to support uncovered fixed costs of companies affected by the coronavirus outbreak (09/03/2021)

The European Commission has approved a French scheme to support the uncovered fixed costs of companies affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.

Commission approves €39.7 million Latvian measures to recapitalise Riga International Airport (08/03/2021)

The European Commission has approved Latvian plans to grant up to €39.7 million for the recapitalisation of the State Joint Stock Company Riga International Airport (Riga International Airport). The measures were approved under the State aid Temporary Framework.

EuroCommerce Policy Talk Webinar (12/03/2021)

Speech by EVP Margrethe Vestager,
EuroCommerce Policy Talk Webinar,
12 March 2021.

[...]"Europe’s recovery mainly depends on Europe’s businesses, and the women and men who work in them. Our main role is providing and maintaining a sound legal and regulatory framework for you, the private sector, to get on with the job." [...]

Studienvereinigung Kartellrecht International Forum 2021 (11/03/2021)

Speech by EVP Margrethe Vestager,
Studienvereinigung Kartellrecht International Forum 2021,
11 March 2021.

[…] “So putting together our case experience, the reports on digital markets and our objective to design an effective regulation, we proposed the DMA based on four main pillars. […] National competition authorities played an important role in shaping the proposal, and they still do in the current negotiations. This role will continue because competition law enforcement will continue to shape the DMA.” […]

Commission invites stakeholders to provide comments on the application of EU competition law to collective bargaining agreements for self-employed (05/03/2021)

The European Commission has launched today a public consultation to gather views and evidence from citizens, businesses, social partners, academia, government bodies and all interested parties as part of an initiative to ensure that EU competition rules do not stand in the way of collective bargaining by certain solo self-employed people.

Commission opens formal investigation into possible anticompetitive conduct of Teva in relation to a blockbuster multiple sclerosis medicine (04/03/2021)

The European Commission has opened a formal antitrust investigation to assess whether the pharmaceutical company Teva has illegally delayed the market entry and uptake of medicines that compete with its blockbuster multiple sclerosis drug Copaxone. The Commission will investigate whether Teva has abused a dominant market position in breach of EU antitrust rules.

Commission approves over €1 billion support for high-efficient cogeneration of electricity and heat in Slovakia (04/03/2021)

The European Commission has approved, under EU State aid rules, Slovak plans to support the production of electricity from high-efficient cogeneration installations connected to district heating networks in Slovakia.

Commission approves French guarantee scheme mobilising up to €20 billion support from private investors for companies affected by coronavirus outbreak (04/03/2021)

The European Commission has approved, under EU State aid rules, a French State guarantee scheme to support the economy in the context of the coronavirus outbreak. The scheme aims to provide long-term funding to companies and thereby facilitate new investments supporting recovery from the current economic crisis.

Commission opens in-depth investigation into compensation for early closure of lignite-fired power plants in Germany (02/03/2021)

The European Commission has opened an in-depth investigation to assess whether German plans to compensate lignite-fired power plants for phasing out earlier than foreseen are in line with EU State aid rules.

Commission approves Danish support for Thor offshore wind farm project (01/03/2021)

The European Commission has approved, under EU State aid rules, Danish support for the Thor offshore wind farm project, which will be located in the Danish part of the North Sea. The measure will help Denmark increase its share of electricity produced from renewable energy sources and reduce CO₂ emissions, in line with the European Green Deal, without unduly distorting competition in the Single Market.

Commission v Fútbol Club Barcelona (04/03/2021)

The Commission takes note of the judgment by the Court of Justice to follow the Commission’s arguments and annul the decision by the General Court in relation to the Commission’s negative Decision of 2013 on State aid implemented by Spain in favour of certain football clubs.

See also Curia's press release.

Poste Italiane (03/03/2021)

The Commission takes note of the preliminary ruling by the European Court of Justice on the compatibility with State aid rules and with the prohibition of abuse of dominant position (under Article 102 TFEU) of the pricing system for the banking activities rendered by law by Poste Italiane to private tax collectors for the payment of municipal taxes in Italy.

The preliminary ruling was rendered following questions referred by the Italian Supreme Court of Cassation (Corte Suprema di Cassazione) on whether the pricing system for the banking activities in question involves State aid in favour of Poste Italiane under EU State aid rules and whether it is in line with Article 102 TFEU.

The European Court of Justice found that the banking services in question do not qualify as a service of general economic interest (SGEI) entrusted to Poste Italiane and therefore not all so-called “Altmark conditions” are met and a selective advantage may be present (i.e. the measure may potentially constitute State aid under EU rules). While finding that, prima facie, the banking service charges paid by private tax collectors do not necessarily involve State resources, the Court left it to the referring court to ascertain whether the conditions for the measure to constitute State aid under Article 107(1) TFEU, including the presence of a selective advantage and involvement of State resources, are met.

The question of whether the pricing system for the banking activities rendered in the circumstances of the case entails an abuse of dominance under Article 102 TFEU was declared inadmissible due to the lack of information provided by the referring court.

Commission v Italy and Others (02/03/2021)

The Commission takes note of the judgment by the Court of Justice of the EU which upheld the judgment by the General Court of March 2019 in this case. The General Court had annulled the Commission decision of 23 December 2015 concerning measures in favour of Banca Tercas.

The Commission will carefully study the judgment and reflect on its implications.

See also Curia's press release.

eConfidentiality is here! (25/02/2021)

On 25 February, DG Competition launched a new IT tool called eConfidentiality to ease the negotiations of confidentiality claims in the context of access to file and publication of decisions. eConfidentiality provides a secure platform to submit, substantiate and negotiate confidentiality claims with DG Competition. This first release will only concern antitrust and cartel cases. Law firms and companies will be contacted by case teams to use the eConfidentiality tool when non-confidential versions of documents should be obtained.
For more information and tutorials on how to use the new tool, please visit this page.

Commission approves €254 million Romanian aid to support rehabilitation of district heating system in Bucharest (23/02/2021)

The European Commission has approved, under EU State Aid rules, Romanian plans to support the upgrade of the district heating system of the municipality of Bucharest.

Commission invites stakeholders to provide comments on revised State aid rules on Important Projects of Common European Interest (23/02/2021)

The European Commission has launched today a public consultation inviting all interested parties to comment on a proposed targeted revision of the Communication on State aid rules for Important Projects of Common European Interest (the “IPCEI Communication”). Stakeholders can respond to the consultation for eight weeks, until 20 April 2021.

Slovak Telekom (26/02/2021)

The Commission takes note of the judgment of the Court of Justice of the European Union in the Slovak Telekom case.

The Court of Justice confirms that, the Commission’s opening of proceedings under Article 2(1) of Regulation 773/2004, pursuant to Article 11(6) of Regulation 1/2003, relieves the National Competition Authorities (NCAs) from the power to apply Article 101 and 102 TFEU to the same case, that is, the same practice(s) by the same undertaking(s) on the same relevant geographic and product market, in the same timeframe.

The judgment also confirms that the principle of restricting the possibility of a defendant being prosecuted/fined repeatedly on the basis of the same offence, act, or facts (ne bis in idem principle) does not apply to decisions adopted separately and independently by both the Commission and the competent NCA if the facts underlying those decisions are not identical.

Braesch and Others v Commission (24/02/2021)

The Commission takes note of today’s judgment by the General Court regarding the admissibility of an appeal of the Commission’s 2017 State aid decision concerning the precautionary recapitalisation of Banca Monte Paschi di Siena.

Industry as a motor for Digital, Digital as a motor for Industry (25/02/2021)

Speech by EVP Margrethe Vestager,
EU Industry Days,
25 February 2021.

[...]"Regulation also has to take account of the special role data plays in the digital economy. That may mean some changes to the competition rules, but it's also about ways to encourage greater data sharing, something that can bring huge benefits in areas like the new Internet of Things. [...]

Follow DG Competition on Twitter (11/02/2021)

@EU_Competition is the address of DG Competition’s active Twitter account with 19,000 followers. Our Twitter feed contains all DG Competition’s latest press communications, information on our policy initiatives and on any upcoming conferences.

If you would like to follow us on Twitter, click here:

Commission approves €40 million Italian aid measure to support coronavirus related research and development activities (26/02/2021)

The European Commission has approved a €40 million Italian aid measure to support coronavirus related research and development (R&D) by biotechnology company ReiThera S.r.l. The measure was approved under the State aid Temporary Framework.

Commission clears acquisition of Varian by Siemens Healthineers, subject to conditions (19/02/2021)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Varian Medical Systems by Siemens AG, through its subsidiary Siemens Healthineers. The approval is conditional on full compliance with the commitments offered by Siemens to ensure the interoperability of the companies' medical imaging and radiotherapy solutions with third-party solutions.

Commission adopts final measures to preserve the divestment of former Aleris plant in Belgium following Novelis' acquisition of Aleris (18/02/2021)

The European Commission has adopted final measures to preserve the divestment of the former Aleris plant in Duffel, Belgium, by Novelis under the EU Merger Regulation. To obtain clearance of its acquisition of Aleris in 2019, Novelis offered to divest the plant in binding commitments but failed to close the sale within the deadline set in those commitments, despite extensions granted.

Ryanair v Commission (17/02/2021)

The Commission takes note of today's judgments of the General Court which upheld two 2020 Commission State aid decisions approving, respectively, a French scheme deferring the payment by airlines of certain taxes to mitigate the economic impact of the coronavirus outbreak and a Swedish guarantee scheme to support airlines affected by the coronavirus outbreak.

Importantly, the General Court upheld important aspects of the Commission's assessment framework under the two main legal bases (namely Article 107(2) TFEU on damage compensation and the State aid Temporary Framework) that Member States have used to provide support to undertakings in the context of the coronavirus outbreak.

In particular, the General Court found that the French and Swedish schemes approved by the Commission were necessary, appropriate and proportionate and do not constitute a breach of the principle of non-discrimination on grounds of nationality nor do they involve an unjustified restriction on the freedom to provide services.

See also:

• General Court of the European Union's press release in Case T-238/20
• General Court of the European Union's judgement in Case T-259/20
• General Court of the European Union's press release in Case T-259/20

Commission accepts commitments by Aspen to reduce prices for six off-patent cancer medicines by 73% addressing excessive pricing concerns (10/02/2021)

The European Commission has made commitments offered by Aspen legally binding under EU antitrust rules. Aspen has to reduce its prices in Europe for six critical cancer medicines by 73% on average. In addition, Aspen has to ensure the continued supply of these off-patent medicines for a significant period.

See also:

• Statement by Executive Vice-President Vestager on the Commission decision to accept commitments by Aspen.
• Questions and Answers - Antitrust: Commission accepts commitments by Aspen.

Commission clears acquisition of Belchim by Mitsui, subject to conditions (11/02/2021)

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

Commission approves €1.4 billion Swedish scheme to support uncovered fixed costs of companies affected by coronavirus outbreak (12/02/2021)

The European Commission has approved an approximately €1.4 billion (SEK 14 billion) Swedish scheme to support the uncovered fixed costs of companies affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.

Competition Policy and the Green Deal (04/02/2021)

Speech by EVP Margrethe Vestager,
Conference on Competition Policy Contributing to the European Green Deal,
4 February 2021

[...]

Competition policy is by no means the main tool  to reach our green goals. There are more direct instruments to make our economy greener – such as environmental regulation, taxation, and green investment. 

But that doesn’t excuse us from doing our part. With so much to do, every bit makes a difference.

Commission opens in-depth investigation into Romanian support measures in favour of CE Oltenia (05/02/2021)

The European Commission has opened an in-depth investigation to assess whether Romanian support measures in favour of Complexul Energetic Oltenia SA (‘CE Oltenia') would be in line with EU rules on State aid to companies in difficulty.

Commission approves €300 million Austrian scheme for package travel organisers and facilitators of linked travel services in the context of the coronavirus outbreak (04/02/2021)

The European Commission has approved, under EU State aid rules, a €300 million Austrian scheme for package travel organisers and facilitators of linked travel services in the context of the coronavirus outbreak.

Commission opens formal investigation into possible trade restrictions by Mondelēz (28/01/2021)

The European Commission has opened a formal antitrust investigation to assess whether Mondelēz has restricted competition in a range of national markets for chocolate, biscuits and coffee by hindering the cross-border trade of these products between EU Member States, which would be in breach of EU antitrust rules.

Commission prolongs and further expands Temporary Framework to support economy in context of coronavirus outbreak (28/01/2021)

The European Commission has decided to prolong until 31 December 2021 the State aid Temporary Framework adopted on 19 March 2020 to support the economy in the context of the coronavirus outbreak. The Commission has also decided to expand the scope of the Temporary Framework by increasing the ceilings set out in it and by allowing the conversion of certain repayable instruments into direct grants until the end of next year.

Commission approves €2.9 billion public support by twelve Member States for a second pan-European research and innovation project along the entire battery value chain (26/01/2021)

The Commission has approved, under EU State aid rules, a second Important Project of Common European Interest ("IPCEI") to support research and innovation in the battery value chain. The project, called "European Battery Innovation" was jointly prepared and notified by Austria, Belgium, Croatia, Finland, France, Germany, Greece, Italy, Poland, Slovakia, Spain and Sweden.

See also Statement by Executive Vice President Vestager.

Qualcomm and Qualcomm Europe v Commission (28/01/2021)

The Commission takes note of the Court's judgment which fully upholds the General Court's judgment of 9 April 2019 in relation to the Qualcomm predation case.

The judgment confirms that the request for information that the Commission sent on 31 March 2017 in the context of the Commission investigation into Qualcomm's abuse of dominance in 3G baseband chipsets was lawful.

KPN v Commission (27/01/2021)

The Commission takes note of the judgment of the General Court dismissing KPN's action challenging the Commission's decision of 30 May 2018 approving of the acquisition of Ziggo by Liberty Global, subject to conditions.

The Goldman Sachs Group v Commission (27/01/2021)

The Commission takes note of the judgment of the Court of Justice (CJEU) dismissing on the appeal of Goldman Sachs against the judgment of the General Court of 12 July 2018 that upheld the Commission Decision relating to the Power Cables cartel. The CJEU upheld in full the judgment of the General Court.

The Commission will carefully examine the judgment.

Call for proposals: Training of national judges in EU Competition Law (15/09/2020)

The new call for proposals focuses on EU competition law trainings addressing national judges dealing with competition cases at national level. This also includes prosecutors, apprentice national judges and the staff of national courts of eligible countries.

Commission fines Valve and five publishers of PC video games € 7.8 million for "geo-blocking" practices (20/01/2021)

The European Commission has fined Valve, owner of the online PC gaming platform "Steam", and the five publishers Bandai Namco, Capcom, Focus Home, Koch Media and ZeniMax € 7.8 million for breaching EU antitrust rules.

Commission approves €12 billion German umbrella scheme to compensate companies for damages suffered due to coronavirus outbreak (22/01/2021)

The European Commission has found a €12 billion German umbrella scheme (final part of the Novemberhilfe package) to compensate companies for damages suffered due to restrictive measures to contain the coronavirus outbreak to be in line with EU State aid rules.

Commission approves €325 million public support to provide schools in Italy with very high internet speeds (21/01/2021)

The European Commission has approved, under EU State aid rules, €325 million of public support to connect 12,000 schools in Italy to very high-speed internet. The schools that will benefit from the measure are located in areas with insufficient connectivity in Italy, in line with the EU broadband connectivity objectives.

Commission approves €1.9 billion Polish scheme to support companies affected by coronavirus outbreak (20/01/2021)

The European Commission has approved a €1.9 billion (PLN 8.6 billion) Polish scheme to support companies operating in certain sectors affected by the coronavirus-outbreak. The scheme was approved under the State aid Temporary Framework.

Commission Statement on consulting Member States on proposal to further prolong and adjust State aid Temporary Framework (19/01/2021)

Today, the European Commission has sent to Member States for consultation a draft proposal to prolong until 31 December 2021 and further adjust the scope of the State aid Temporary Framework, initially adopted on 19 March 2020 to support the economy in the context of the coronavirus outbreak.

Commission approves €300 million Austrian scheme to support organisers of events affected by coronavirus outbreak (19/01/2021)

The European Commission has approved, under EU State aid rules, a €300 million Austrian scheme to support organisers of events affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework. Today's decision confirms the agreement in principle reached in December 2020.

Commission approves Greek public funding for construction and operation of North section of E65 motorway (18/01/2021)

The European Commission has approved, under EU State aid rules, Greek public funding of €442 million for the construction of the North section of the Central Greece Motorway (E65). The Commission also approved support estimated at €38 million to cover the operating and maintenance expenses of the section, in case the toll revenues are not sufficient.

Whiteland Import Export (21/01/2021)

The Court ruled in Case C 308/19, a request for a preliminary ruling filed by the High Court of Cassation and Justice in Romania in the proceedings between the Consiliul Concurenţei and Whiteland Import Export SRL.

The Court ruled that Art. 25 of Regulation (EC) No 1/2003, which provides for a limitation period for the imposition of penalties on undertakings responsible for anti-competitive practices, refers only to the powers of the European Commission.

The Court also ruled that the interruption of the national limitation period is governed by Member States. In the light of the effectiveness principle, national limitation rules are precluded from interrupting that period where it becomes apparent that such an exclusion presents a systemic risk of impunity for the acts constituting the offences.

Commission v Printeos (20/01/2021)

The Commission takes note of the judgment by the Court of Justice concerning its appeal against the judgment of the General Court of 12 February 2019 in relation to the Envelopes cartel case.

The Court of Justice ruled that the Commission is to pay default interest when reimbursing a competition fine provisionally paid by an addressee who contested it, and which is later annulled or decreased by the Court.

The Commission will carefully study the judgment and reflect on possible next steps.

EU automotive sector – exemption from antitrust rules (review) (12/10/2020)

EU antitrust rules usually ban vertical agreements and concerted practices, which are likely to restrict competition in a given sector. There is currently an exemption for certain agreements and practices in the automotive sector, but this expires on 31 May 2023. This evaluation will check whether the exemption is still effective, efficient, and consistent with other EU and national rules.

Availability of short-term export-credit insurance for exports to all countries in the Annex of the Short-term export-credit insurance Communication : Information request (20/01/2021)

The Commission is inquiring whether the current market situation might justify a prolongation of the removal of all countries from the list of marketable risk countries in the Annex of the Short-term export-credit insurance Communication.

Registration open: Competition policy contributing to the EU Green Deal - Online event - 4 February (04/02/2021)

A debate on how EU competition law enforcement and policy can best support the Green Deal, bringing together different perspectives from stakeholders.
More information and registration: eugreendealcompetition.eu.

Commission clears acquisition of Refinitiv by London Stock Exchange Group, subject to conditions (13/01/2021)

The European Commission has approved, under the EU Merger Regulation, the acquisition of Refinitiv by the London Stock Exchange Group ('LSEG'). The approval is conditional on full compliance with a commitments package offered by LSEG.

Commission approves investment aid for Czech orchards and irrigations; opens in-depth investigations into Czech measures in favour of large agricultural companies (12/01/2021)

The European Commission has approved two Czech investment aid support schemes for the restructuring of orchards and irrigation, while opening an in-depth investigation to assess whether investment aid granted to certain large enterprises active in the agricultural sector in the past was in line with EU rules on State aid in the agricultural sector. In parallel, the Commission has opened an in-depth investigation to assess whether past and planned aid to certain large enterprises to support crop and livestock insurance is in line with EU rules on State aid in the agricultural sector.

Commission approves €202 million Croatian scheme to support companies in the tourism and sports sectors in the context of coronavirus outbreak (11/01/2021)

The European Commission has approved an approximately €202 million (HRK 1.525 billion) Croatian State aid scheme to support companies of all sizes active in the sports and tourism sectors (and in directly related ones, such as accommodations, restaurants) and , affected by the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework.

Kilpailu- ja kuluttajavirasto (14/01/2021)

The Commission takes note of the judgment by the Court of Justice in relation to a national reference from the Supreme Administrative Court in Finland in a case concerning the duration of an alleged infringement of Article 101(1) TFEU in a bid-rigging cartel in the sector of a tender for the construction of high-voltage power lines in Finland.

In the judgment, the Court of Justice clarifies the duration of an infringement of Article 101(1) TFEU in bid-rigging situations. In particular, it held that the infringement period lasted until the date of signature of the contract concluded between the bid-rigging company and the contracting party on the basis of previously submitted tender, provided that the contract determines all the essential aspects of the contract, including in particular the overall price to be paid.

Bezouaoui and HB Consultant v Commission (13/01/2021)

In case T 478/18 before the General Court, the appellants were seeking an action for annulment of the European Commission’ s decision of 10 April 2018 finding that French aid, granted in the form of financing for training courses in the use of construction machinery, was not unlawful State aid.(SA.46897).
The General Court dismissed the appeal in its entirety.