"Competition weekly e-news" Newsletter Issues

Commission closes market investigations on Microsoft’s and Apple’s services under the Digital Markets Act (13/02/2024)

The Commission has adopted decisions closing four market investigations that were launched on 5 September 2023 under the Digital Markets Act (DMA), finding that Apple and Microsoft should not be designated as gatekeepers for the following core platform services: Apple’s messaging service iMessage, Microsoft’s online search engine Bing, web browser Edge and online advertising service Microsoft Advertising.

Commission orders recovery of €33.84 million in incompatible State aid from Blue Air (16/02/2024)

The European Commission has concluded that Blue Air's restructuring plan was not capable of restoring the airline's long-term viability and it is therefore incompatible with EU State aid rules. Romania must now recover from Blue Air illegal State aid amounting to approximately €33.84 million (RON 163.8 million).

Commission approves €720 million French State aid scheme to support forestry sector (16/02/2024)

The European Commission has approved, under EU State aid rules, a €720 million French scheme to support the forestry sector. The measure will contribute to the achievement of the objectives of the EU's Common Agricultural Policy by strengthening forest environmental protection.

Commission approves €4 billion German State aid scheme partially funded under Recovery and Resilience Facility to help industries decarbonise production processes (16/02/2024)

The European Commission has approved, under EU State aid rules, a €4 billion German scheme made available in part through the Recovery and Resilience Facility (‘RRF') to help companies, which are subject to the EU Emission Trading System (‘ETS'), decarbonise their industrial production processes. The measure contributes to achieving Germany's climate and energy targets, as well as the EU's strategic objectives of the European Green Deal.

Commission approves up to €6.9 billion of State aid by seven Member States for the third Important Project of Common European Interest in the hydrogen value chain (15/02/2024)

The Commission has approved, under EU State aid rules, a third Important Project of Common European Interest (‘IPCEI') to support hydrogen infrastructure. This IPCEI is expected to boost the supply of renewable hydrogen, thereby reducing dependency on natural gas and helping to achieve the objectives of the European Green Deal and the REPowerEU Plan.
See also Statement by Executive Vice-President Vestager.

Commission closes State aid investigation into Danish and Swedish public financing of Øresund fixed rail-road link (13/02/2024)

The European Commission has concluded that the State guarantee model granted by Denmark and Sweden for the construction of the Øresund fixed rail-road link does not constitute new aid within the meaning of EU State aid rules. The Commission has also found that part of the tax support implemented by Denmark constitutes new aid that is disproportionate and therefore not compatible with the Treaty. Denmark must now recover the incompatible aid, including interest.

Commission approves the acquisition of Asiana by Korean Air, subject to conditions (13/02/2024)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Asiana Airlines Inc. by Korean Air Lines Co., Ltd. The approval is conditional upon full compliance with the remedies offered by Korean Air.

Commission opens State aid in-depth investigation into Corsair amended restructuring plan (05/02/2024)

The European Commission has opened an in-depth investigation to determine whether France's contemplated amendments to Corsair's restructuring plan are in line with EU state aid rules. It does not prejudge the outcome of the investigation and whether such amendments are in line with EU state aid rules.

Ryanair v Commission (KLM II ; COVID-19) (07/02/2024)

The Commission takes note of today’s judgment of the General Court, which annuls a Commission Decision of 16 July 2021. In the decision, the Commission re-approved, under EU State aid rules, a €3.4 billion Dutch aid measure consisting of a State guarantee on loans and a subordinated State loan to KLM to provide urgent liquidity to the company in the context of the coronavirus outbreak. This re-approval decision followed the annulment by the General Court of the initial Commission decision on the Dutch measure of July 2020.
The Commission will carefully study the judgment and reflect on the possible next steps.
See also Curia's press release (in PDF format).

Commission approves €300 million Polish State aid scheme to alleviate social costs of closing coal- and lignite-fired power plants and lignite mines (05/02/2024)

The European Commission has approved, under EU State Aid rules, a €300 million Polish scheme to support workers affected by the closure of coal- and lignite-fired power plants and lignite mines.

Commission sends Statement of Objections to PPC over predatory pricing in the Greek wholesale electricity market (07/02/2024)

The European Commission has informed the Greek electricity provider Public Power Corporation (‘PPC') of its preliminary view that it has breached EU antitrust rules by selling electricity in the Greek wholesale market below cost, thereby excluding its main rivals.

Commission welcomes continued airline competition on the routes from Amsterdam to the US (05/02/2024)

The European Commission welcomes the positive developments at Amsterdam airport enabling new entrant JetBlue Airways Corporation (‘JetBlue') to continue operating at the airport over the IATA Summer 2024 Season.

Commission adopts revised Market Definition Notice for competition cases (08/02/2024)

The European Commission has today adopted a revised Market Definition Notice (“the Notice”). Market definition requires identifying the boundaries of competition between companies when assessing mergers and most antitrust cases. The revised Notice brings the Commission's guidance in line with new market realities, as well as with developments in the Commission's case practice and EU case law. It will enhance transparency and legal certainty for businesses, facilitate compliance and contribute to a more efficient competition enforcement.
See also Questions and answers on the revised Market Definition Notice; the COMP Flash by Inge Bernaerts, Director of Policy and Strategy at DG COMP, as well as the remarks by Executive Vice-President Vestager.

Scania and Others v Commission (01/02/2024)

The Commission takes note of today’s judgment of the Court of Justice of the European Union, fully upholding a 2017 Commission's decision. In its decision, the Commission imposed a fine on Scania for its cartel activities in the Trucks sector. Scania’s fine was imposed a year after Daimler, Volvo/Renault, Iveco and DAF were also sanctioned for the same cartel. MAN received full immunity for revealing the existence of the cartel, thereby avoiding a fine. The Commission had adopted a separate decision for Scania because, unlike the other cartel participants, the company had decided not to settle the case.
See also Curia's press release (in PDF format).

EU and India meet during 6th Competition Week to reinforce cooperation on competition policy (29/01/2024)

Officials and experts from the EU and India met online on 29 and 30 January 2024 to discuss and exchange good practices in competition policy and enforcement.
The annual EU-India Competition Week is part of the Competition Cooperation project, a 5-year EU-funded programme offering technical cooperation to competition authorities in Asia. It provides a platform for exchanges between the European Commission Directorate-General for Competition and the Competition Commission of India.

Statement by Executive Vice-President Vestager on announcement by Amazon and iRobot to abandon their transaction (29/01/2024)

The Commission takes note of Amazon's and iRobot's decision to terminate their agreement according to which Amazon intended to acquire sole control over iRobot. The abandonment follows the findings of the Commission's in-depth investigation and the sending of a Statement of Objections on 27 November 2023.

Commission approves €1 billion German State aid schemes to improve animal welfare in livestock breeding (30/01/2024)

The European Commission has approved, under EU State aid rules, two German schemes with a total budget of around €1 billion to improve animal welfare standards in breeding of livestock, in particular pigs. The measures will contribute to the achievement of the EU's strategic objectives relating to the European Green Deal,  the Common Agricultural Policy and the Farm to Fork Strategy.

Commission carries out unannounced antitrust inspections in the tyres sector (30/01/2024)

The European Commission is carrying out unannounced inspections at the premises of companies active in the tyres industry in several Member States.

Italia Wanbao-ACC v Commission (31/01/2024)

The Commission takes note of the judgment of the General Court annulling the 2020 Commission decision partially waiving the non-reacquisition clause under the commitments made by Nidec to obtain clearance of its acquisition of Embraco, Whirlpool’s refrigeration compressor business. On 16 April 2019, the Commission had approved the proposed acquisition, subject to a set of commitments.
The partial waiver concerned the non-reacquisition clause relating to a fixed speed household compressor manufacturing line (‘Delta line'), which was part of the divestment business that Nidec committed to sell under the commitments. Prior to the acquisition of Embraco, Nidec had planned to develop a variable speed compressor on the basis of the Delta line.
Upon receipt of the request from Nidec to waive the non-reacquisition clause of the commitments with regard to the Delta line, the Commission initiated a market investigation to determine whether a waiver is justified in light of the changed market conditions.
In its waiver decision, the Commission took into account that there had not been any competition concerns regarding the production of fixed speed compressors. Moreover, the Commission found that the structure of the relevant market for variable speed refrigeration compressors for household applications had changed to such an extent that the absence of influence over the concerned part of the divestment business was no longer necessary to render Nidec's acquisition of Embraco compatible with the internal market. On this basis, the Commission decided to approve Nidec's waiver request.
In today’s judgment, the General Court annulled the Commission’s decision because it found that the Commission erred in law. In particular, the Court found that the Commission failed to ascertain whether change in the structure of the relevant market, which justified the waiver, was a lasting one.
The Commission will carefully study the judgment and reflect on possible next steps.

Commission approves €550 million Italian State aid scheme to support investments for the use of hydrogen in industrial processes to foster the transition to a net-zero economy (30/01/2024)

The European Commission has approved a €550 million Italian scheme to support investments for the use of hydrogen in industrial processes to foster the transition towards a net-zero economy, in line with the Green Deal Industrial Plan. The scheme was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 and amended on 20 November 2023, to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies.

Commission opens in-depth State aid investigation into Swedish tax exemption schemes for non-food biogas and bio-propane (30/01/2024)

The European Commission has opened an in-depth investigation to assess whether two Swedish tax exemption schemes for non-food-based biogas and bio-propane used for heating or as motor fuel are in line with EU State aid rules. The in-depth investigation follows the General Court's annulment of two previous Commission decisions approving the tax exemptions.

State aid control and Industrial policy: irreconcilable or complementary? : watch the debate (30/01/2024)

The fifth Let’s Talk Competition conversation focused on how State aid is being impacted by the revival of industrial policy goals. In case you missed it, you can watch the recorded debate.
More episodes of the Let’s Talk Competition series will come, so watch this space!

Practical guidance on how to assess the existence of aid for risk finance measures (26/01/2024)

The European Commission's Directorate-General for Competition has issued practical guidance for Member States to assess whether or not public measures to facilitate certain companies' access to finance, constitute State aid.
In its Notice on the notion of State aid (‘Notice'), the Commission clarifies that, if a Member State intervenes as a private investor would do, and is remunerated for the risk assumed in a way a private investor would accept under market conditions, such an intervention can be considered free of State aid. This is the so-called market economy operator principle (‘MEOP'), which has been developed by the Court of Justice of the European Union.

Commission sends Statement of Objections to six companies in farmed Atlantic salmon cartel case (25/01/2024)

The European Commission has informed Norwegian salmon producers Cermaq, Grieg Seafood, Bremnes, Lerøy, Mowi and SalMar of its preliminary view that they breached EU antitrust rules by colluding to distort competition in the market for spot sales of Norwegian farmed Atlantic salmon in the EU.

Commission report finds active competition enforcement continues to contribute to affordable and innovative medicines (26/01/2024)

The European Commission has published a report providing an overview of the enforcement of EU antitrust and merger rules by the Commission and the national competition authorities (‘NCAs') in the pharmaceutical sector between 2018 and 2022. Today's report shows that active enforcement of antitrust and merger rules continues to play an important role in delivering European patients' access to a wider choice of affordable and innovative medicines. In particular, it helped to achieve this goal during the challenging period of the coronavirus pandemic.

Commission opens in-depth investigation into proposed acquisition of Air Europa by IAG (24/01/2024)

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of sole control of Air Europa Holding, S.L. (‘Air Europa') by International Consolidated Airlines Group, S.A. (‘IAG'). The Commission has preliminary concerns that the transaction may reduce competition in the market for passenger air transport services on several domestic, short-haul and long-haul routes in and out of Spain.

DG COMP's fight against cartels in 2024 (25/01/2024)

Here is Maria Jaspers, Director for Cartels enforcement in DG Competition, drawing an overview of DG COMP's work and plan to stays vigilant and up-to-date in its fight against cartels at a Cartels Workshop, January 2024 in Brussels.

Commission opens in-depth investigation into proposed acquisition of stake in ITA Airways by Lufthansa (23/01/2024)

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of joint control of ITA Airways (‘ITA') by Deutsche Lufthansa AG (‘Lufthansa”') and the Italian Ministry of Economy and Finance (‘MEF'). The Commission has preliminary concerns that the transaction may reduce competition in the market for passenger air transport services on several short-haul and long-haul routes in and out of Italy.

Germany v Commission (25/01/2024)

The Commission takes note of today’s judgment of the General Court, which annuls a State aid Commission decision of 3 June 2021.
In its decision, the Commission approved, under EU State aid rules, the prolongation and modification of an existing German scheme to support the production of electricity from new, modernised and retrofitted highly efficient cogeneration (‘CHP') plants. In particular, the Commission found that the scheme involved the use of State resources and thus constituted State aid.
The Commission will carefully study the judgment and reflect on possible next steps.

Em akaunt BG (25/01/2024)

The Commission takes note of today’s preliminary ruling by the Court of Justice of the European Union, which clarifies that a regulation of a lawyers’ professional association setting minimum amounts of lawyers’ fees is a restriction of competition by object in the meaning of Article 101(1) of the Treaty on the Functioning of the European Union (“TFEU”) and as such cannot fall outside the scope of Article 101(1) TFEU as objectively justified under the Wouters doctrine.
The Court also clarifies that a national court would be obliged to disapply national legislation that makes such a regulation mandatory. In this context, the Court recalled that although Article 101 TFEU concerns only the conduct of undertakings, read in conjunction with Article 4(3) TEU, it also requires Member States not to adopt or maintain in force measures capable of affecting the effectiveness of competition rules.
The Court further clarified that the national court is obliged to disapply such national legislation, even where the minimum amounts provided for by that regulation reflect actual market prices for lawyers’ services.

Obshtina Pomorie (25/01/2024)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union clarifying the obligation for Member States under Regulation 1370/2007 to define in advance, in an objective and transparent manner, the parameters on the basis of which the compensation granted to the public service operator is to be calculated.

State aid control and Industrial policy: irreconcilable or complementary? (30/01/2024)

The fifth Let’s Talk Competition conversation will take place on 30 January 2024 (CET) and will focus on how State aid is being impacted by the revival of industrial policy goals.
Participants will include Ben Smulders, DG COMP Deputy Directorate-General for State aid policy, Stéphanie Yon-Courtin, Member of the European Parliament and rapporteur of the Competition policy report 2023, and Adina Claici, Managing Director at the Berkeley Research Group. The debate will be moderated by Nicholas Hirst, MLex chief correspondent for EU competition policy.
The show will be webcasted live from the Commission’s studios in Brussels on 30 January from 13:00 to 14:00 and will allow for interaction with the online audience. You can access the livestream via DG COMP website or DG COMP YouTube channel. You will be able to participate via Slido too!

Commission seeks feedback on commitments offered by Apple over practices related to Apple Pay (19/01/2024)

The European Commission invites comments on commitments offered by Apple to address competition concerns over access restrictions to the technology used for contactless payments with mobile devices in stores (Near-Field Communication – ‘NFC').
The Commission invites all interested parties to submit their views on Apple's proposed commitments within one month from the publication of a summary of the proposed commitments in the EU's Official Journal. The full text of the commitments will be available on the Commission's competition website.

Commission accepts commitments by Renfe opening up competition in online rail ticketing in Spain (17/01/2024)

The European Commission has made commitments by Renfe legally binding under EU antitrust rules. The commitments address the Commission's preliminary competition concerns relating to Renfe's refusal to supply all its content and real-time data related to its passenger rail transport services to rival ticketing platforms.
See also DG Competition Director for Transport Henrik Morch telling you all about it.

Joint DG Competition and US DoJ message | Cartels and informants (17/01/2024)

Inside knowledge and assistance can be a powerful tool to help the European Commission uncover inter alia cartels and other anti-competitive practices more swiftly than might otherwise be possible. Since cartels often operate in secrecy, individuals or companies with inside or market knowledge can play a crucial role in bringing issues to our attention or gathering information that would allow us to start an investigation. They can also contribute to the success of our investigations in other areas of competition enforcement, i.e. antitrust, merger and state aid control.
This video encourages individuals and companies that suspect that their employers, suppliers, customers or competitors are engaged in a cartel to come forward and provide us voluntarily with any relevant information. We can assure them of full anonymity in this process.
Those who have suspicions of a cartel should step forward so that we can ensure a fair deal for businesses and consumers on both sides of the Atlantic.

Commission approves €1.46 billion Czech State aid schemes to support prevention of spread of poultry and pig diseases (17/01/2024)

The European Commission has approved, under EU State aid rules, two Czech schemes with a total budget of around €1.46 billion (CZK 35 billion) to support farmers in preventing the spread of certain poultry and pig diseases. The measures will contribute to the achievement of the EU's strategic objectives relating to the Common Agricultural Policy.

Lietuvos notarų rūmai and Others (18/01/2024)

The Commission takes note of today’s preliminary ruling by the Court of Justice of the European Union, which clarifies that the resolutions of the Lithuanian Chamber of Notaries in relation to the determination of notaries’ fees fall within the scope of Article 101(1) of the Treaty on the Functioning of the European Union (“TFEU”).
In addition, the Court also found that the resolutions of the Chamber lead to the horizontal fixing of prices of the notarial services concerned and they thus constitute “by object” restrictions within the meaning of Article 101(1) TFEU, which can only be exempted under the conditions laid down in Article 101(3) TFEU.
In particular, considering the liability of the decision-making body of the Chamber of Notaries, the Presidium, the Court held that Article 101(1) TFEU cannot be interpreted as allowing the members of this decision-making body to be held liable where they could not be established as joint perpetrators of the infringement.
Finally, the Court clarified that Article 23 of Regulation 1/2003, which applies only to the powers of the Commission, could also be relevant for determining the powers of national competition authorities in regard to the imposition of fines.

Commission approves €126 million Romanian State aid scheme to support ports facing increased trade flows due to Russia's war against Ukraine (11/01/2024)

The European Commission has approved, under EU State aid rules, a  €126 million Romanian scheme to support investments in ports facing increased trade flows after Russia's war against Ukraine. The measure facilitate flow trades in and from Ukraine in line with the  objectives of the EU's Solidarity Lanes action plan.

Commission approves €902 million German State aid measure to support Northvolt in the construction of an electric vehicle battery production plant to foster the transition to a net-zero economy (08/01/2024)

The European Commission has approved a €902 million German measure to support Northvolt in the construction of a plant for the production of batteries for electric vehicles to foster the transition towards a net-zero economy, in line with the Green Deal Industrial Plan. The aid was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 and amended on 20 November 2023, to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies.
See also Statement by Executive Vice-President Vestager on the approval of two State aid measures.

The Commission has approved a €2.9 billion French State aid scheme for supporting investment in green industries to foster the transition towards a net-zero economy (08/01/2024)

The European Commission has approved a €2.9 billion French scheme for supporting investment in green industries (tax credit for investment in green industries) to foster the transition towards a net-zero economy, in line with the Green Deal Industrial Plan. The scheme was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 and amended on 20 November 2023, to support measures in sectors which are crucial for accelerating the green transition and reducing fossil fuel dependencies.
See also Statement by Executive Vice-President Vestager on the approval of two State aid measures.

Wizz Air Hungary v Commission (11/01/2024)

The Commission takes note of the judgment of the Court of Justice of the European Union, dismissing an appeal against the 2022 judgment by the General Court. In its judgment, the General Court had upheld a 2020 Commission State aid decision finding that a €36.7 million rescue aid for the Romanian airline TAROM was in line with EU State aid rules.
See also Curia's press release (in PDF format).

Let's Talk Competition: 2023 highlights (28/12/2023)

Here you have the highlights of all the episodes of the webcast series Let's Talk Competition of DG Competition that took place in 2023.
On each episode, well-known experts discuss key policy and enforcement developments in the field of competition policy. The debates are livestreamed from the Commission’s studios in Brussels and allow for interaction with the online audience.

2023 : our year at a glance (21/12/2023)

What a year! Here at DG Competition we have had a very busy 2023. For ease of reference, we have put it all into one infographic.
Now, let's see what 2024 has in store for us!

Commission approves €1.3 billion French State aid scheme to support non-fossil technologies to ensure electricity supply matches demand (21/12/2023)

The European Commission has approved, under EU State aid rules, a €1.3 billion French scheme to support the development of non-fossil flexibility technologies to ensure that the electricity supply matches demand during times of peak consumption. The measure contributes to the security of electricity supply and the decarbonisation of the economy, in line with the EU's strategic objectives relating to the European Green Deal.

Commission approves €17.7 billion Italian State aid scheme to support development of centralised electricity storage system (21/12/2023)

The European Commission has approved, under EU State aid rules a €17.7 billion Italian scheme to support the construction and operation of a centralised electricity storage system. The measure contributes to the achievement of the objectives of the European Green Deal and 'Fit for 55' package, by enabling the integration of renewable energy sources in the Italian electricity system.

Commission approves €2.6 billion German State aid measure to support Stahl-Holding-Saar decarbonise its steel production through hydrogen use (19/12/2023)

The European Commission has approved, under EU State aid rules, a €2.6 billion German measure to support SHS Stahl-Holding-Saar GmbH & Co KGaA (‘SHS') in partly decarbonising its steel production processes in Saarland. The measure will contribute to the achievement of the EU Hydrogen Strategy, the European Green Deal and the Green Deal Industrial Plan, while helping to end dependence on Russian fossil fuels and fast forward the green transition, in line with the REPowerEU Plan.

Statement by Executive Vice-President Vestager on announcement by Adobe to abandon the acquisition of Figma (18/12/2023)

The Commission takes note of Adobe's and Figma's decision to terminate their agreement according to which Adobe intended to acquire sole control over Figma. This marks the end of the Commission's investigation into this transaction.

European Superleague Company (21/12/2023)

The Commission takes note of today’s judgment of the Court of Justice of the EU finding that certain rules and conduct of FIFA and UEFA regarding the prior approval of new football competitions and restrictions concerning the exclusive marketing of the rights for competitions organised by FIFA and UEFA are incompatible with EU competition law and the freedom to provide services.
The Court of Justice rules that the set of rules invoked by FIFA and UEFA to prevent a new independent football competition called ‘European Super League’ lacked the necessary framework to ensure that they are transparent, objective, non-discriminatory and proportionate. It also clarifies that Article 165 TFEU cannot be regarded as exempting sport from all or some of the other provisions of primary EU law such as competition law and freedom of movement provisions.
The Court of Justice establishes that the power of a sports federation such as FIFA or UEFA, holding a dominant position, to determine the conditions for access to the market by applying certain rules and related sanctions in an arbitrary manner, without a framework of substantive criteria which are transparent, clear and precise, may infringe competition law. In particular, such rules and sanctions may, by their very nature, infringe Article 102 TFEU and constitute a restriction of competition ‘by object’ within the meaning of Article 101(1) TFEU. The same applies to restrictions concerning the exclusive marketing of the rights related to the competitions organised by FIFA and UEFA itself.
Under those circumstances, the Court of Justice considers that the system of prior authorisation for new football competitions could not be regarded as inherent in, and proportionate for, achieving legitimate objectives related to questions of interest solely to sport, in particular the open, meritocratic nature of the competitions concerned, and ensuring a certain form of ‘solidarity redistribution’ within football.

International Skating Union v Commission (21/12/2023)

The Commission takes note of the judgment of the European Court of Justice that dismisses the appeal of the International Skating Union (ISU) against the General Court’s judgment upholding the Decision of the Commission of 8 December 2017. In its Decision the Commission found that the International Skating Union’s (ISU) Eligibility Rules restricted competition, as they limited athletes’ commercial freedom to participate in international speed skating events by organisers other than the ISU and its members and prevented potential competitors from organising and commercially exploiting such events.
The Court of Justice confirmed that the organisation of sporting competitions constitutes an economic activity that must comply with competition rules. Sports federations may adopt and ensure compliance with rules relating to the organisation of competitions, provided that such rules are transparent, objective, non-discriminatory and proportionate. Otherwise, such rules may exclude competitors and restrict the organisation of new competitions, preventing athletes from participating in those competitions and audiences from watching them.
See also Curia's press release (in PDF format).

Royal Antwerp Football Club (21/12/2023)

The Commission takes note of the judgment of the Court of Justice of the EU relating to the so-called ‘home-grown player’ rules (‘HGP’ rules) of the Union of European Football Associations (‘UEFA’) and the Royal Belgian Football Association (‘URBSFA’).
The Court confirms that the HGP rules could be contrary to EU law. These rules require football clubs that participate in their competitions to list a mandatory number of players trained by the club or in the national football association to which the club belongs.
The Court clarifies the relevant assessment framework under EU law and leaves it to the referring national court to make the final assessment on whether the HGP rules would constitute a restriction of competition prohibited by Article 101 TFEU and/or a restriction on the free movement of football players prohibited by Article 45 TFEU.

United Parcel Service v Commission (21/12/2023)

The Commission takes note of today’s judgment of the Court of Justice dismissing UPS’s claims for damages, thereby confirming the Commission’s position. The Court of Justice upheld the judgment of the General Court that UPS had failed to show liability in damages on the part of the European Union. In particular, UPS did not establish causation between the breach of its procedural rights related to the non-communication of the econometric model during the administrative procedure (see Case C-265/17P) and the damages allegedly suffered.

DOBELES AUTOBUSU PARKS and Others (21/12/2023)

The Commission takes note of the judgment of the Court of Justice in which it clarifies the scope of the obligations that competent authorities must respect when they compensate SGEI providers in the sector of land transport.

EVH v Commission (20/12/2023)

The Commission takes note of today’s judgment of the General Court which upheld the 2019 Commission's decision approving, under the EU Merger Regulation, the acquisition of Innogy by E.ON.
In its judgment, the General Court upheld the Commission’s assessment. Notably, the General Court considered that the applicants did not demonstrate that the Commission would have made a manifest error of judgement with respect to the product and geographic market definitions, or with respect to the competitive assessment.
Furthermore, the General Court found that the analytical framework applied by the Commission was sufficiently and adequately explained.
The General Court confirmed that the Commission respected all procedural rights of the appellants.
See also Curia's press release (in PDF format).

Autorità di sistema portuale del Mar Ligure occidentale and Others v Commission (20/12/2023)

The Commission takes note of today's judgment of the General Court largely upholding but partially annulling a 2020 State aid Commission decision. In its decision, the Commission concluded that Italy granted selective tax advantages to the Italian port authorities by exempting them from corporate tax when performing economic activities.
Today's judgment of the General Court gives guidance on the application of State aid rules in the area of taxation of port authorities’ economic activities. In particular, the General Court confirms the Commission’s position that Italy needed to align its corporate taxation of port authorities with the rules applicable to other companies performing economic activities. Today’s judgment is in that regard in line with previous judgments in the Dutch, French, Belgian and Spanish ports cases.
The General Court however partially annuls the decision to the extent the Commission failed to demonstrate that when Italian port authorities award authorizations for certain port activities carried out by private operators, such authorisations qualified as economic activities.
The Commission will carefully study the judgment and reflect on possible next steps.

Ryanair and Malta Air v Commission (20/12/2023)

The Commission takes note of today’s judgments of the General Court, annulling two Commission decisions approving French aid to Air France and Air France-KLM.
In its 2020 decision, the Commission approved, under the State aid COVID Temporary Framework, a €7 billion French aid measure consisting of a State guarantee on loans and a shareholder loan to Air France to provide urgent liquidity to the company in the context of the coronavirus outbreak.
In its 2021 decision, the Commission approved, under the State aid COVID Temporary Framework, a €4 billion French aid measure consisting of a recapitalisation of Air France.
The Commission will carefully study the judgments and reflect on the possible next steps.
See also the Court's judgment in Ryanair and Malta Air v Commission (Air France ; COVID-19) .
See also Curia's press release (in PDF format).

JPMorgan Chase and Others v Commission (20/12/2023)

The Commission takes note of the judgment of the General Court. In its judgment, the court confirmed that Crédit Agricole and JPMorgan Chase have participated in the so called Euribor cartel in the Euro Interest Rate Derivatives (EIRD) sector.
See also the Court's judgment in Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission.
See also Curia's press release (in PDF format).

Banca Popolare di Bari v Commission (20/12/2023)

The Commission takes note of today’s judgment of the General Court dismissing the damages claim by Banca Popolare di Bari, the buyer of Banca Tercas, in relation to the 2015 Commission State aid decision concerning measures in favour of Banca Tercas.
The General Court rejected the claim for damages as it found that the conditions relating to the existence of a sufficiently serious breach of EU law and the existence of a causal link between the Commission’s conduct and any damage allegedly suffered by the applicant were not met.
The General Court affirmed that the error committed by the Commission was not alien to the normal, prudent and diligent conduct of an institution responsible for monitoring the application of competition rules. In addition, the conduct of the Commission was not the direct and decisive cause of the damage allegedly suffered by the applicant.
See also Curia's press release (in PDF format).

New issue of Competition Merger Brief (19/12/2023)

The third issue of 2023 includes the following articles: Parker/Meggitt – Applying the brakes on a merger for a safe landing; Orange/VOO/Brutélé - Replacing one access-seeker by another; MOL/OMV Slovenija – Fuel it first; Vivendi/Lagardère – Headlines on competition in books and magazines in France; Advent/Gfk - A well-researched structural fix for conglomerate issues.

Commission publishes template for reporting on consumer profiling techniques under the Digital Markets Act (12/12/2023)

The European Commission published the template for reporting on consumer profiling techniques and the independent audit of such reports. Gatekeepers are obliged to submit the reports to the Commission as part of their obligations under Article 15 of the Digital Markets Act (DMA). 

Commission approves €1 billion Slovak State aid scheme to support investments in equipment necessary to foster the transition to a net-zero economy (14/12/2023)

The European Commission has approved a €1 billion Slovak scheme to support investments for the production of equipment necessary to foster the transition towards a net-zero economy, in line with the Green Deal Industrial Plan. The scheme was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 and amended on 20 November 2023, to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies.

Commission adopts new general rules for small amounts of State aid and for services of general economic interest (13/12/2023)

The European Commission has today adopted two regulations amending the general rules for small amounts of aid (de minimis Regulation) and for small amounts of aid for Services of General Economic interest, such as public transport and healthcare (SGEI de minimis Regulation). The revised regulations, which exempt small aid amounts from EU State aid control since they are deemed to have no impact on competition and trade in the Single Market, will enter into force on 1 January 2024 and will apply until 31 December 2030.

Commission approves €2.6 billion State aid to RWE for early closure of lignite-fired power plants in Germany (11/12/2023)

The European Commission has found a €2.6 billion German support measure in favour of RWE Power AG to be in line with EU State aid rules. The aid will compensate RWE for the early phase-out of its lignite-fired power plants in the Rhenish mining area.

Commission clears Novozymes and Chr. Hansen merger, subject to conditions (12/12/2023)

The European Commission has approved, under the EU Merger Regulation, the proposed merger between Novozymes A/S and Christian Hansen A/S. The approval is conditional upon full compliance with the commitments offered by the parties.

EDP España v Naturgy Energy Group and Commission (14/12/2023)

The Commission takes note of today’s judgment of the Court of Justice of the European Union annulling a 2021 judgment of the General Court upholding a State aid Commission decision of 27 November 2017. The Commission had opened a formal investigation procedure into Spain's so-called “environmental incentive”.
In its opening decision, the Commission had reached the preliminary conclusion that the environmental incentive constitutes State aid and had harboured doubts as to its compatibility under the applicable State aid rules. The Commission will carefully study the judgment and reflect on possible next steps.

Commission v Amazon.com and Others (14/12/2023)

The Commission takes note of today's judgment of the Court of Justice of the European Union confirming the 2021 judgment of the General Court which annulled the Commission’s 2017 decision. In its decision, the Commission had concluded that Luxembourg had granted selective tax advantages to Amazon constituting illegal State aid.
The Commission will carefully study the judgment and assess its implications.
See also Curia's press release (in PDF format).

Markets for People's fourth episode (Brno) : the highlights (07/12/2023)

The fourth episode of the Markets for People series was titled “Why do we need competition?” and took place in Brno, Czechia.
With our thanks to all the participants and the speakers who contributed to the debate, you can now find all the material of the event, including the video highlights.
Stay tuned for new episodes, as our tour to carry the competition debate around the Union continues in 2024 ...

Commission adopts antitrust Guidelines for sustainability agreements in agriculture (07/12/2023)

The European Commission adopted today Guidelines on how to design sustainability agreements in the field of agriculture (‘Guidelines') using a novel exclusion from EU competition rules introduced by the recently reformed Common Agricultural Policy.

RegioJet and STUDENT AGENCY (07/12/2023)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union clarifying the distinction between the role of the Commission and the national court in the treatment of illegal aid, as further elaborated in the notice on the enforcement of State aid law by national courts.

Commission fines ethanol producer Lantmännen €47.7 million over ethanol benchmarks cartel (07/12/2023)

The Commission has fined Lantmännen ek för and its subsidiary Lantmännen Biorefineries AB (formerly named Lantmännen Agroetanol AB) around €47.7 million for participating in a cartel concerning the wholesale price formation mechanism for ethanol in Europe.  This decision follows the adoption of a settlement decision against Abengoa in 2021 and the closure of proceedings against Alcogroup in 2023.

Commission clears French compensation for La Poste's universal service obligation (07/12/2023)

The European Commission has approved, under EU State aid rules, France's plans to compensate La Poste for its universal postal service obligation over the period 2021-2025.

Commission approves €4.12 billion French State aid measure to support the rollout of offshore wind energy to foster the transition to a net-zero economy (07/12/2023)

The European Commission has approved a €4.12 billion French scheme to support the rollout of renewable offshore wind energy to foster the transition to a net-zero economy, in line with the Green Deal Industrial Plan. The scheme was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 and amended on 20 November 2023, to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies.

Commission approves up to €1.2 billion of State aid by seven Member States for an Important Project of Common European Interest in cloud and edge computing technologies (05/12/2023)

The Commission has approved, under EU State aid rules, an Important Project of Common European Interest (‘IPCEI') to support research, development and first industrial deployment of advanced cloud and edge computing technologies across multiple providers in Europe.
See also Remarks by Commissioner Reynders on an Important Project of Common European Interest in cloud and edge computing technologies.

Luxembourg v Commission and Engie Global LNG Holding and Others v Commission (05/12/2023)

We take note of today’s judgment of the Court of Justice, annulling a 2018 Commission decision. The Commission decision concerned tax rulings by Luxembourg, which allowed two Engie group companies to avoid paying taxes on almost all their profits for about a decade (between 2008 and 2018). Engie was given selective advantages that the Commission found illegal and incompatible under EU State aid rules.
We will carefully study the judgment and assess its implications.
See also Curia's press release (in PDF format).

Competition policy at the frontiers (06/12/2023)

Speech by Commissioner Didier Reynders at Annual CRA Conference,
Brussels, 6 December 2023.
[...] " competition policy is in motion. It is moving because the markets that demand our attention are being shaped by the great trends of our time – digital transition, a new era for global markets, and historic geopolitical shifts. If we are to protect the contestability of markets at the centre of these changes, we are obliged to adapt. [...]"

Watch the debate of the fourth "Markets for people" series (07/12/2023)

On December 7th, the fourth episode of the Markets for People series (titled “Why do we need competition?”) took place in Brno, Czechia.
In case you missed it, you can watch the recorded debate (original version in Czech also available!).
More episodes of the Markets for People series will come, so watch this space!

Commission approves €500 million French State aid scheme to support investments in agriculture (30/11/2023)

The European Commission has approved, under EU State aid rules, a €500 million French scheme to support investments in holding companies active in agricultural primary production. The measure will contribute to the achievement of the objectives of the Common Agricultural Policy by fostering the development of a smart, competitive, resilient and diversified agricultural sector that ensures food security, while supporting and enhancing environmental protection and promoting climate action.

Second meeting of the High-Level Group on the Digital Markets Act (01/12/2023)

This week took place the second meeting of the High-Level Group (HLG) on the Digital Markets Act.
The HLG was established in March 2023 and has the objective of providing the EU Commission with advice and expertise within the competencies of its members, to foster a uniform regulatory approach and to ensure that the DMA rules are duly implemented.
In this meeting, the HLG focused on: (i) enhancing its governance; (ii) identifying areas for further cooperation; and (iii) Artificial Intelligence, the impact on the regulatory landscape, and the presence of such technologies across various fields.

Commission approves €833 million Danish and Swedish State aid measure to recapitalise SAS (29/11/2023)

The European Commission has approved a recapitalisation of SAS amounting to approximately €833 million (SEK 9.5 billion) granted in October 2020. The measure is approved under the State aid COVID Temporary Framework. That recapitalisation measure was part of a larger recapitalisation package, which also involved a significant participation of private investors, including the conversion of outstanding privately-held debt instruments into equity.

Commission approves €1.1 billion Spanish State aid scheme to support investments in equipment necessary to foster the transition to a net-zero economy (28/11/2023)

The European Commission has approved a €1.1 billion Spanish scheme to support investments for the production of equipment necessary to foster the transition towards a net-zero economy, in line with the Green Deal Industrial Plan. The scheme was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 and amended on 20 November 2023, to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies.  

Commission approves re-introduction of market conform asset protection scheme for banks in Greece (28/11/2023)

The European Commission has approved the re-introduction of a Greek scheme (known as ‘Hercules') aimed at supporting the reduction of non-performing loans of Greek banks, as it does not involve State aid.

Commission sends Statement of Objections to six companies and one trade association in automotive starter battery cartel case (30/11/2023)

The European Commission has informed automotive starter batteries manufacturers Banner, Clarios (former JC Autobatterie), Exide, FET (and its predecessor Elettra), and Rombat as well as trade association Eurobat and its service provider Kellen of its preliminary view that they have breached EU antitrust rules by colluding to increase the prices of automotive starter batteries sold to car producers in the European Economic Area.

Commission sends Amazon Statement of Objections over proposed acquisition of iRobot (27/11/2023)

The European Commission has informed Amazon of its preliminary view that its proposed acquisition of iRobot may restrict competition in the market for robot vacuum cleaners.

Asempre v Commission and Uno v Commission (29/11/2023)

The Commission takes note of today’s judgments of the General Court dismissing as inadmissible UNO and Asempre’s applications for annulment against a Commission State aid Decision of 14 May 2020. In its decision, the Commission found that the compensation in favour of Correos for carrying out the Universal Service Obligation (“USO”) during the period of 2011-2020 complied with EU State aid rules.
In its judgments, the General Court finds that UNO and Asempre do not have legal standing and have not established that their interests as associations are individually affected by the contested decision.
The Court also held that the applicants have not put forward any evidence concerning an impact due to the contested decision on their members, considered individually. The Court considered that the applicants did not demonstrate a causal link between the aid granted to Correos and the evolution in the market shares of their members in the postal sector in Spain.
As regards UNO, the Court additionally found that it failed to demonstrate that any of its members was in competition with Correos for the specific services involved in carrying out the universal service obligation.
See also judgment in case T-514/20.

TTBER online workshop (06/12/2023)

In the context of the European Commission’s  evaluation of the competition rules for technology transfer agreements, DG Competition is holding an online workshop in the afternoon of Wednesday 6 December 2023. The aim of the workshop is to gather more information on the functioning of the Technology Transfer Block Exemption Regulation (“TTBER”) and the accompanying Guidelines on technology transfer agreements. The workshop will focus on areas of the rules that have attracted the most comments in the recent call for evidence and public consultation.
For more details on the TTBER, please check this page out.
Update: Registration for the event is now closed.

Why do we need competition? (07/12/2023)

The Markets for People debates series continues in Brno, Czechia. You will be able to participate in the event live in Brno and to debate with the speakers who will delve into the essential question of Why do we need Competition? The speakers are Petr Mlsna, Chairman, Office for the Protection of Competition ÚOHS; Pavel Telička, former European Commissioner and MEP; Michala Hergetova, economic reporter and moderator of business events; and Martin Kvizda, Professor, Faculty of Economics and Administration, Masaryk University.
Register now to attend the event in Brno by clicking on this link.