"Competition weekly e-news" Newsletter Issues

Statement on the temporary withdrawal of Executive Vice-President Vestager from the work of the Commission (05/09/2023)

Executive Vice-President Vestager has informed President von der Leyen about her nomination as an official candidate by the Danish government for the position of President of the Management Committee of the European Investment Bank and requested an unpaid leave for the duration of the campaign. The President has granted the unpaid leave to Executive Vice-President Vestager underlining that during that period the relevant provisions of the Treaties and the Code of Conduct for the Members of the Commission continue to apply.

Commission designates six gatekeepers under the Digital Markets Act (06/09/2023)

The European Commission has today designated, for the first time, six gatekeepers - Alphabet, Amazon, Apple, ByteDance, Meta, Microsoft - under the Digital Markets Act (DMA). In total, 22 core platform services provided by gatekeepers have been designated. The six gatekeepers will now have six months to ensure full compliance with the DMA obligations for each of their designated core platform services.
See also FAQ on the Digital Markets Act.

Commission's package to cut red tape for merging businesses enters into force (01/09/2023)

Today, September 1st, the package adopted on 20 April 2023 to further simplify procedures for reviewing concentrations under the EU Merger Regulation enters into force. The package includes: (i) a revised Implementing Regulation; (ii) a Notice on Simplified Procedure; and (iii) a Communication on the transmission of documents.
See also Competition Policy Brief on the Merger Simplification Package.

The 2023 Merger Simplification Package: cutting red tape and refocussing resources (01/09/2023)

On 1 September 2023, the European Commission’s Merger Simplification Package will enter into force. It consists of a new Merger Implementing Regulation, Notice on Simplified Procedure, and Communication on the submission of documents.

Commission sends Statement of Objections to Pierre Cardin and its licensee Ahlers over distribution and licensing practices for clothing (31/07/2023)

The European Commission has informed Pierre Cardin and its licensee Ahlers of its preliminary view that the companies may have breached EU antitrust rules by restricting cross-border sales of Pierre Cardin-licensed clothing, as well as sales of such products to specific customers.

Commission opens investigation into possible anticompetitive practices by Microsoft regarding Teams (27/07/2023)

The European Commission has opened a formal investigation to assess whether Microsoft may have breached EU competition rules by tying or bundling its communication and collaboration product Teams to its popular suites for businesses Office 365 and Microsoft 365.

Commission opens in-depth investigation into the proposed acquisition of Figma by Adobe (07/08/2023)

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of Figma by Adobe. The Commission is concerned that the transaction may reduce competition in the global markets for the supply of interactive product design software and for digital asset creation tools.

Commission opens formal investigation for possible breach of notification requirement, standstill obligation and clearance conditions and obligations in Vivendi/Lagardère transaction (25/07/2023)

The European Commission has decided to open a formal investigation to determine whether, when acquiring Lagardère, Vivendi breached the notification requirement and “standstill obligation” set out in the EU Merger Regulation, as well as the conditions and obligations attached to the Commission's decision to clear the Vivendi/Lagardère transaction.

Commission approves €800 million Czech scheme to support companies facing increased energy costs in the context of Russia's war against Ukraine (23/08/2023)

The European Commission has approved an approximately €800 million (CZK 19 billion) Czech scheme to support companies affected by increased energy costs in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies. The new Framework amends and prolongs in part the Temporary Crisis Framework, adopted on 23 March 2022 to enable Member States to support the economy in the context of the current geopolitical crisis, already amended on 20 July 2022 and on 28 October 2022.

Commission approves €6.5 billion German scheme to address carbon leakage risk for energy-intensive companies resulting from national fuel emission trading system (10/08/2023)

The European Commission has approved, under EU State aid rules, a €6.5 billion German scheme to partially compensate energy-intensive companies to address the risk of carbon leakage from higher fuel prices resulting from the German fuel emission trading system.

Commission approves €26.7 million Spanish measure to support the upgrade of Cobre Las Cruces' refinery (09/08/2023)

The European Commission has approved, under EU State aid rules, a €26.7 million Spanish measure to support Cobre Las Cruces S.A. (‘CLC') in upgrading its refinery in Gerena, Sevilla. The measure will contribute to the EU's strategic objectives relating to the European Green Deal and to regional development.

Commission approves €1.5 billion French measure to support ProLogium in researching and developing innovative batteries for electric vehicles (03/08/2023)

The European Commission has approved, under EU State aid rules, a €1.5 billion French measure to support ProLogium Technologies (‘ProLogium') in researching and developing a new generation of batteries for electric vehicles.  The measure will contribute to the achievement of the strategic objectives of the European Green Deal and the EU battery strategy.

Commission approves €2.36 billion Hungarian scheme for accelerated investments in strategic sectors to foster the transition to a net-zero economy (28/07/2023)

The European Commission has approved a €2.36 billion (approximately HUF 880 billion) Hungarian scheme for accelerated investments in strategic sectors 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 to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies. The new Framework amends and prolongs in part the Temporary Crisis Framework, adopted on 23 March 2022 to enable Member States to support the economy in the context of the current geopolitical crisis, already amended on 20 July 2022 and on 28 October 2022.

Commission approves €246 million Dutch scheme to support renewable hydrogen production (28/07/2023)

The European Commission has approved, under EU State aid rules, a €246 million Dutch scheme to support the production of renewable hydrogen. The measure aims to contribute to the development of renewable hydrogen in line with the objectives of the EU Hydrogen Strategy and the European Green Deal. The scheme will also contribute to the objectives of the REPowerEU Plan to end dependence on Russian fossil fuels and fast forward the green transition.

Commission approves €28.8 million Austrian measure to support the modernisation of Sandoz's penicillin production in Tyrol (27/07/2023)

The European Commission has approved, under EU State aid rules, a €28.8 million Austrian measure to support the modernisation of Sandoz GmbH penicillin production site in Tyrol. The measure will help to maintain in the EU the last fully integrated production of amoxicillin, the most used penicillin type, contributing to the security of supply of essential and live-saving medicines. The measure will contribute to strengthening the continuity and security of supply of medicines in line with the Pharmaceutical Strategy for Europe.

Commission approves €40 million German support for on-shore LNG terminal in Brunsbüttel (27/07/2023)

The European Commission has approved, under EU State aid rules, a €40 million German support measure for the construction and operation of a new land-based liquefied natural gas (‘LNG') terminal in Brunsbüttel. The measure will contribute to the security and diversification of energy supplies in Germany and help end dependence on Russian fossil fuels in line with the REPowerEU Plan.

Commission approves €5 billion Czech scheme to support energy producers in the context of Russia's war against Ukraine (26/07/2023)

The European Commission has approved a €5 billion (CZK 125 billion) Czech scheme to support large energy producers in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance. Such Temporary Crisis Framework was amended on 20 July 2022 and on 28 October 2022, and replaced by the Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023.  

Commission approves German €550 million direct grant and conditional payment mechanism of up to €1.45 billion to support ThyssenKrupp Steel Europe in decarbonising its steel production and accelerating renewable hydrogen uptake (20/07/2023)

The European Commission has approved, under EU State aid rules, two German measures to support ThyssenKrupp Steel Europe (‘tkSE') in decarbonising its steel production processes and accelerating its uptake of renewable hydrogen. The measures 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.

Commission approves €89.5 million Italian measure under Recovery and Resilience Facility to support 3Sun's solar panel plant expansion (20/07/2023)

The European Commission has approved, under EU State aid rules, a €89.5 million Italian measure made available through the Recovery and Resilience Facility (‘RRF') to support the expansion of 3Sun's solar panel plant in Catania, Sicily. The measure will contribute to the EU's strategic objectives relating to the European Green Deal and to reinforce the EU strategic autonomy.

Commission approves €850 million French measure to support ArcelorMittal decarbonise its steel production (20/07/2023)

The European Commission has approved, under EU State aid rules, a €850 million French measure to support ArcelorMittal France (‘ArcelorMittal') in partially decarbonising its steel production processes. The measure will contribute to the achievement of the EU Hydrogen Strategy, the European Green Deal and the Green Deal Industrial Plan targets, while helping to end dependence on Russian fossil fuels and fast forward the green transition in line with the REPowerEU Plan.

Commission approves €3 billion German scheme to support private investments in strategic goods to foster the transition to a net-zero economy (19/07/2023)

The European Commission has approved a €3 billion German scheme to support private investments in specific strategic goods needed 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 to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies. The new Framework amends and prolongs in part the Temporary Crisis Framework, adopted on 23 March 2022 to enable Member States to support the economy in the context of the current geopolitical crisis, already amended on 20 July 2022 and on 28 October 2022.

Statement by Executive Vice-President Vestager (19/07/2023)

"I have received a letter from Professor Fiona Scott Morton that she has decided to withdraw and not take up the post as Chief Competition Economist. Having also spoken with Professor Scott Morton, I accept her decision, with regret and full respect for her integrity." [...]

The use of crisis State aid measures in response to the Russian invasion of Ukraine (20/07/2023)

By the end of 2022, of nearly €672 billion of aid approved during that period either under the Temporary Crisis Framework or directly under the Treaty and based on TCF principles, only €93.52 billion was actually granted to companies, representing 14% of the aid approved and corresponding to 0.59% of EU27 GDP in 2022.
See also statistical annex (in XLSX format)

EU competition rules on technology transfer agreements – Evaluation (17/04/2023)

The purpose of the evaluation is to gather evidence on the functioning of the Technology Transfer Block Exemption Regulation (‘TTBER’) and the Technology Transfer Guidelines (‘Guidelines’), to help the Commission to decide whether it should let that Regulation expire, prolong its duration or prepare a revised Regulation and related guidelines.
In particular, the online questionnaire seeks specific feedback from stakeholders on the effectiveness, efficiency, relevance, coherence and EU added value of the TTBER  and the related Guidelines.

Commission decides to refer ESTONIA to the Court of Justice of the European Union for failing to transpose ECN+ Directive (14/07/2023)

The Commission decided to refer Estonia to the Court of Justice of the European Union for failing to fully transpose the ECN+ Directive (Directive (EU) 2019/1) into national legislation.

Whistleblower tool (14/07/2023)

Did you know that you can help keep prices low and innovation high in our EU single market? Well, you can! If you are aware of any potential violations of the EU competition rules, contact us in confidence through our dedicated Whistleblower website. You can play your part in ensuring that companies and consumers enjoy the benefits of fair competition on markets that work for people.

Commission clears acquisition of VMware by Broadcom, subject to conditions (12/07/2023)

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

Commission fines Illumina and GRAIL for implementing their acquisition without prior merger control approval (12/07/2023)

The European Commission has fined Illumina and GRAIL approximately €432 million and €1,000 respectively, for implementing their proposed merger before approval by the Commission, in breach of EU merger control rules.

Commission approves modification of Dutch scheme to reduce greenhouse gas emissions (10/07/2023)

The European Commission has approved, under EU State aid rules, the modification of a Dutch scheme to reduce greenhouse gas emissions. The scheme will further contribute to achieving the Netherlands' energy and climate targets and the EU's strategic objectives relating to the European Green Deal.

Commission adopts rules for implementing the Foreign Subsidies Regulation (10/07/2023)

The European Commission has adopted today the rules for implementing the Foreign Subsidies Regulation (‘FSR'). The Implementing Regulation details procedural aspects of the implementation of the FSR. It also contains notification forms for concentrations involving foreign financial contributions and for foreign financial contributions in public procurement procedures.

Appointment of new Chief Competition Economist (11/07/2023)

The European Commission has appointed Fiona Scott Morton as Chief Competition Economist at the Directorate-General for Competition (DG COMP). This Commission department works to ensure that all companies compete equally and fairly on their merits within the single market, to the benefit of consumers, businesses and the European economy as a whole. She will take up her duties on 1 September 2023.

Commission v CK Telecoms UK Investments (13/07/2023)

Today’s judgment is the first time after the entry into force of the 2004 EU Merger Regulation that the Court of Justice of the EU rules on the legal test for the review of mergers that do not result in the creation or strengthening of a dominant position.
The Commission takes note of today’s judgment setting aside the General Court judgment of 2020, which annulled the Commission decision to prohibit Hutchison’s proposed acquisition of O2 UK in 2016.
In its judgment, the Court of Justice confirms the Commission's interpretation of the legal test for the finding of a significant impediment to effective competition in cases where the undertaking resulting from the merger would not acquire or strengthen a dominant position – so-called “gap cases”.
The Court also gives some important clarifications on the standard of proof the Commission has to meet when assessing a merger. It is of utmost importance for the Commission’s work to face the same standard of proof when clearing and when prohibiting a transaction. Moreover, the Court clarified the application of the Commission’s Horizontal Guidelines to review mergers, as well as the Commission’s approach to efficiencies brought by mergers.
The Court’s guidance on the interpretation of the EU Merger Regulation will be important for many other ongoing and future cases. The Commission will therefore carefully study today’s judgment.
The Commission will continue to actively engage in the continued proceedings before the General Court.
See also Curia's press release (in PDF format), as well as statement by EVP Margrethe Vestager.

Grupa Azoty and Others v Commission (13/07/2023)

The Commission takes note of today’s judgment of the Court of Justice of the European Union, dismissing two appeals against a 2021 order of the General Court. In its order, the General Court dismissed as inadmissible actions for annulment of the Guidelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post-2021 (‘ETS State aid Guidelines'), in particular its Annex I which lists those sectors that are most at risk of carbon leakage due to high indirect emission costs and to their strong exposure to international trade and are therefore eligible for aid under the Guidelines. In particular, the General Court noted the lack of direct concern of the applicants, finding that they could only be directly affected by a Commission decision in relation to them, while further noting that a Member State may still in any case notify an aid scheme directly under Article 107(3)(c) TFEU where the criteria of the ETS Guidelines are not fully met.
In today’s judgment, the Court of Justice upheld the General Court’s findings on inadmissibility. In particular, the Court of Justice found that the ETS State aid Guidelines do not constitute a challengeable measure, and that the Guidelines do not satisfy the requirement of direct concern, as the Guidelines do not have a legal effect on third parties.

Nichicon Corporation v Commission (13/07/2023)

The Commission takes note of the judgments of the Court of Justice of the European Union dismissing two appeals against the 2021 judgments of the General Court, which fully upheld a 2018 Commission decision. In its decision, the Commission imposed a total fine of €254 million on nine producers of capacitors for participating in a cartel.
See also Nippon Chemi-Con Corporation v Commission.

Commission prolongs the possibility to grant operating aid to certain regional airports (07/07/2023)

The European Commission has prolonged the possibility of granting operating aid to certain regional airports under the 2014 Guidelines on State aid to airports and airlines until 4 April 2027. The rest of the Guidelines remains applicable, without further changes.

Commission approves €350 million Spanish scheme under Recovery and Resilience Facility for developing electricity storage facilities (07/07/2023)

The European Commission has approved, under EU State aid rules, a €350 million Spanish scheme, made available through the Recovery and Resilience Facility, to support the construction and operation of electricity storage facilities. The measure contributes to achievement of the European Green Deal targets, while helping to reduce dependence on Russian fossil fuels and fast forward the green transition in line with the REPowerEU Plan.

Commission opens in-depth investigation into €1 billion Danish and Swedish support measure to recapitalise SAS in context of coronavirus pandemic (04/07/2023)

The European Commission has opened an in-depth investigation to assess whether a Danish and Swedish recapitalisation measure of approximately €1 billion (SEK 11 billion) in favour of SAS AB is in line with EU State aid rules. The measure was initially approved on 17 August 2020 by the Commission under the State aid COVID Temporary Framework, but subsequently annulled by the judgment of the General Court of 10 May 2023.

Commission opens in-depth investigation into the proposed acquisition of iRobot by Amazon (07/07/2023)

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of iRobot by Amazon. The Commission is concerned that the transaction would allow Amazon to restrict competition in the market for robot vacuum cleaners and to strengthen its position as online marketplace provider.

Commission clears Advent's acquisition of GfK subject to conditions (04/07/2023)

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

Potential gatekeepers notified the Commission and provided relevant information (04/07/2023)

Last Monday 3 July 2023 at midnight was the deadline under the Digital Markets Act (DMA) for potential gatekeepers to notify the Commission if they meet the thresholds for gatekeepers established by Article 3 of the DMA.

Meta Platforms and Others (04/07/2023)

The Commission takes note of the judgment of the Court of Justice of the European Union.
In its judgment, the Court clarified that, to the extent necessary to establish an abuse of a dominant position under article 102 TFEU, a national competition authority can take into account whether the investigated conduct complies with rules other than those relating to competition law, such as the General Data Protection Regulation (‘GDPR’). Stressing the importance of accessing and using personal data as a significant parameter of competition in the digital economy, the Court held that the incompatibility of a certain conduct with the GDPR can be an important indicator in finding whether it constitutes an abuse of a dominant position.
At the same time, a national competition authority is required to cooperate sincerely with the authorities monitoring the application of that regulation and to not depart from any decision taken by such authorities in relation to the same or a similar conduct. The competition authority, for example, must consult the authority monitoring the application of the GDPR if it has doubts about the scope of an existing decision of the latter or if similar conduct is being assessed by the latter or when it considers that certain conduct is incompatible with the GDPR, which in turn puts the consulted authority under a duty to reply within a reasonable deadline. The national competition authority remains, however, free to draw its own conclusions from the point of view of the application of competition law.
See also Curia's press release (in PDF format).

Commission sends Orange and MasMovil Statement of Objections over their proposed joint venture in Spain (27/06/2023)

The European Commission has informed Orange and MasMovil of its preliminary view that their proposed joint venture may reduce competition in the retail supply of mobile and fixed internet services as well as of multiple-play bundles in Spain.

Consultation on the template for compliance report (06/06/2023)

The objective of the consultation is to gather comments on the draft template for the compliance report to be submitted by gatekeepers under Article 11 of the DMA.

Watch the debate of the second "Let's Talk Competition" series (26/06/2023)

The second Let’s Talk Competition conversation focused on two particular topics of the recently revised Horizontal Block Exemption Regulations and Guidelines: information exchange and sustainability. 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!

TUIfly v Commission (29/06/2023)

The Commission takes note of today’s judgment of the Court of Justice of the European Union, dismissing an appeal against a 2021 judgment of the General Court. In its judgment, the General Court had rejected TUIFly’s application for annulment of a 2016 State aid Commission decision. In its decision, the Commission found that two agreements between Klagenfurt airport and TUIFly (formerly Hapag Lloyd Express) were not in line with EU State aid rules and ordered Austria to recover the incompatible aid.
In today’s judgment, the Court of Justice confirmed the Commission’s finding that the agreements involved State aid, as they were not in line with market conditions and therefore conferred an advantage to TUIFly over its competitors, and confirmed the Commission’s finding that the aid was incompatible with the internal market.

Commission seeks feedback on commitments offered by Renfe over possible anticompetitive practices in online rail ticketing in Spain (26/06/2023)

The European Commission invites comments on commitments offered by Renfe to address competition concerns over its alleged refusal to supply full content and real-time data to rival ticketing platforms operating in the Spanish online passenger rail ticket distribution market.

Super Bock Bebidas (29/06/2023)

The Commission takes note of today's preliminary ruling by the Court of Justice. The Court clarifies, among others, that a vertical agreement fixing minimum resale prices may constitute a restriction of competition by object under Article 101 TFEU.
The Court stated that such agreements can be considered to restrict competition by object after having determined that the agreement presents a sufficient degree of harm to competition. This assessment is made by, taking into account the content of the agreement’s provisions, its objectives and the economic and legal context which it forms a part of. The mere fact that a vertical agreement fixing minimum resale prices may fall within the category of ‘hardcore restrictions’ for the purposes of the Vertical Block Exemption Regulation cannot dispense from conducting that assessment.

Join us for the next Let’s Talk Competition webcast show! (26/06/2023)

The second Let’s Talk Competition conversation will focus on two particular topics of the recently revised Horizontal Block Exemption Regulations and Guidelines: information exchange and sustainability.
Participants include Inge Bernaerts, Director for Policy and Strategy in the Directorate-General for Competition, Maarten Pieter Schinkel, Professor of Economics at the University of Amsterdam, and Anneleen Straetemans, Global Legal Director at AB InBev.
The debate will be moderated by Alexander Winterstein, Head of the Communications Unit of the Directorate-General for Competition.
The show will be webcast live from the Commission’s studios in Brussels on 26 June 2023 at 13:00.
You can access the livestream via DG COMP website or DG COMP youtube account and you will be able to participate via Slido.

Commission approves €280 million Belgian measure to support ArcelorMittal decarbonise its steel production (22/06/2023)

The European Commission has approved, under EU State aid rules, a €280 million Belgian measure to support ArcelorMittal Belgium (‘ArcelorMittal') in partially decarbonising its steel production processes. The measure will contribute to the achievement of the EU Hydrogen Strategy, the European Green Deal and the Green Deal Industrial Plan targets, while helping to end dependence on Russian fossil fuels and fast forward the green transition in line with the REPowerEU Plan.

Commission approves €1.1 billion Hungarian scheme to support electricity storage facilities to foster the transition to a net-zero economy (22/06/2023)

The European Commission has approved a €1.1 billion (approximately HUF 436 billion) Hungarian scheme to support electricity storage facilities to foster the transition to a net-zero economy. The scheme was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies. The new Framework amends and prolongs in part the Temporary Crisis Framework, adopted on 23 March 2022 to enable Member States to support the economy in the context of the current geopolitical crisis, already amended on 20 July 2022 and on 28 October 2022.

Commission approves €718 million Czech scheme to support companies in the heat sector in the context of Russia’s war against Ukraine (19/06/2023)

The European Commission has approved an approximately €718 million (CZK 17 billion) Czech scheme to support companies affected by increased heat energy costs in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis and Transition Framework, adopted by the Commission on 9 March 2023 to support measures in sectors which are key to accelerate the green transition and reduce fuel dependencies. The new Framework amends and prolongs in part the Temporary Crisis Framework, adopted on 23 March 2022 to enable Member States to support the economy in the context of the current geopolitical crisis, already amended on 20 July 2022 and on 28 October 2022.

Say hello to COMP Cases, our new online case search engine (19/06/2023)

DG COMP unveils COMP Cases, our revamped public case search engine. COMP Cases provides a fresh, modern, and intuitive user interface and includes a wealth of improvements and new features.
Later this year, COMP Cases will be further extended to provide information also on Digital Markets Act and Foreign Subsidies. Moreover, and in line with the EC Data Strategy, access to COMP public data will be enhanced further early 2024, as COMP Cases will publish all relevant datasets as open data and via the European Data Portal.

Gmina Miasto Gdynia and Port Lotniczy Gdynia-Kosakowo v Commission (22/06/2023)

• The European Commission takes note of the judgment of the Court of Justice of the European Union. In its judgment, the Court dismissed the appeal against the judgment of the General Court that upheld a 2015 Commission’s State aid decision. In its decision, the Commission found that the public funding granted by the municipalities of Gdynia and Kosakowo to Gdynia airport amounted to incompatible State aid and ordered Poland to recover it.

Região Autónoma da Madeira v Commission (21/06/2023)

• The Commission takes note of today's judgment of the General Court dismissing the action for annulment brought by the Autonomous Region of Madeira against a 2020 State aid decision. In its decision, the Commission found that the implementation of the Madeira Free Zone aid scheme (Regime III) in Portugal is not in line with the Commission's State aid decisions of 2007 and 2013. The objective of the approved measure was to contribute to the economic development of the outermost region of Madeira through tax incentives for companies creating jobs in Madeira and for activities effectively and materially performed in that region.
• In its judgment, the General Court upholds the Commission’s finding that the tax reductions were applied to companies that have made no real contribution to the development of the region, including on jobs created outside Madeira (and even the EU), in breach of the conditions laid down in the 2007 and 2013 State aid decisions and EU State aid rules.
• The judgment is consistent with the General Court’s judgment of September 2022 of the Court on the appeal lodged by Portugal against the same decision.

Commission approves €680 million Spanish scheme under the Recovery and Resilience Facility to support roll out of 5G mobile networks in rural areas (15/06/2023)

The European Commission has approved, under EU State aid rules, a €680 million Spanish scheme made available through the Recovery and Resilience Facility (‘RRF') to roll out equipment and infrastructure for high-performing 5G standalone networks in underserved rural areas. The measure is part of Spain's strategy to address the needs of citizens and businesses in the context of the digitalisation of the country. The scheme also contributes to the EU's strategic objectives relating to the digital transition.

Commission sends Statement of Objections to Google over abusive practices in online advertising technology (14/06/2023)

The European Commission has informed Google of its preliminary view that the company breached EU antitrust rules by distorting competition in the advertising technology industry (‘adtech'). The Commission takes issue with Google favouring its own online display advertising technology services to the detriment of competing providers of advertising technology services, advertisers and online publishers.
See also

• Remarks by Executive Vice-President Vestager on the Statement of Objections sent to Google over practices in the online advertising technology industry
• COMP Flash – Alberto Bacchiega presents the Statement of Objections to Google over abusive practices in online AdTech.

Commission sends Booking Statement of Objections over proposed acquisition of eTraveli (09/06/2023)

The European Commission has informed Booking Holdings (‘Booking') of its preliminary view that its proposed acquisition of Flugo Group Holdings AB (‘eTraveli') may allow Booking to strengthen its position on the market for hotel online travel agencies (‘OTAs') in the European Economic Area.

Commission clears acquisition of Lagardère by Vivendi, subject to conditions (09/06/2023)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Lagardère by Vivendi. The Commission's decision is conditional upon full compliance with the commitments offered by Vivendi.

Ryanair and Airport Marketing Services v Commission (14/06/2023)

The Commission takes note of today’s judgment of the General Court upholding a 2019 Commission decision.
In its decision, the Commission found that the marketing agreements concluded between the local Association for the Promotion of Touristic and Economic Flows and Ryanair at the airport of Montpellier are illegal and incompatible under the EU State aid rules. The Commission ordered France to recover the aid in full in order to restore the situation that existed in the internal market prior to its granting.

Polwax v Commission (14/06/2023)

The Commission takes note of the judgment of the General Court. In its judgment, the General Court dismissed Polwax’s action for annulment against a 2020 Commission’s decision. In its decision, the Commission approved, under the EU Merger Regulation, the acquisition of Grupa Lotos by PKN Orlen, subject to conditions.
In its judgment, the General Court fully upheld the Commission’s assessment of the impact of the transaction on the slack wax and paraffin markets. It also confirmed that the Commission adequately stated the reasons underlying the assessment of the potential risk of input foreclosure with respect to these markets.

Recruitment notice (12/05/2023)

Directorate-General for Competition is looking for motivated persons with a legal/economic/policy background to join our teams as case handlers/policy officers and contribute to Directorate-General’s mission. They should have a working level of English. The ability to work in any other EU languages would be an advantage.
We recruit Temporary and Contract Agents with a limited duration of the contracts depending on the current HR rules. Please note that priority will be given to Commission officials, officials from other Institutions and EPSO competition laureates.
Interested? please send your CV and Cover Letter to COMP-HR-CORRESPONDENT@ec.europa.eu.

Assessing and Communicating the Benefits of Competition Interventions (13/06/2023)

Read DG Competition’s paper on how we measure the benefits of competition enforcement for consumers and more generally for society, and on how we communicate about those benefits.
The paper is a contribution to the meeting of the OECD's competition working party that is taking place in Paris from 12 to 16 June.

Decentralization, coordination and convergence under Reg. 1/2003 and beyond (20/06/2023)

Panel 1 of DG COMPETITION's conference 20 Years of Regulation 1/2003: A (r)evolutionary tale has been appointed. It will be moderated by Dr. Heike Schweitzer, Professor of Law at Humboldt University, and will be comprised of Cani Fernandez, President of Spain's CNMC; Grania Holzwarth, Head of EU Competition Policy Deutsche Telekom and ICLA Vice Chair; Daniel Severinsson, Judge at Patent and Market Court, Stockholm District Court; and Martijn Snoep, President of The Netherlands Authority for Consumers and Markets.

Markets for People: Second debate in Salzburg, Austria (23/06/2023)

The Directorate-General for Competition is pleased to announce the second debate in the Markets for People series. It will take place at Schloss Leopoldskron, Salzburg on 23 June, 2023. The title is Markets for people – or vice versa? (Märkte sind für Menschen da – oder umgekehrt?).
The Markets for People debate series is designed to clear the ground for an open and fact-based discussion on the economic and social implications of competition and its rules, and their impact on the daily lives of all citizens.
All debates are organized in close collaboration with national competition authorities, the European Commission Representations in EU countries, local Europe Direct centers and other local partners – for the Salzburg debate, Salzburg Global Seminar
The event is free and open to the public. Click on the below link to register. You can also follow the debate live or on demand via the same page.

Commission carries out unannounced inspections in the synthetic turf sector (07/06/2023)

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

Greening Europe: Our Union in Transition (09/06/2023)

Keynote speech by EVP Vestager at the NordicSIF Conference,
Copenhagen, 9 June 2023.
[...] " Competition policy is another great instrument for creating subsidiarity. When we work to ensure markets are fair and contestable, we put more power in the hands of individual consumers and families. Not only does this help them secure lower prices, but crucially, it gives them the power to make more sustainable choices... [...]"

Commission approves up to €8.1 billion of public support by fourteen Member States for an Important Project of Common European Interest in microelectronics and communication technologies (08/06/2023)

The Commission has approved, under EU State aid rules, an Important Project of Common European Interest (‘IPCEI') to support research, innovation and the first industrial deployment of microelectronics and communication technologies across the value chain.
See also Remarks by EVP on an IPCEI in microelectronics and communication technologies.

DG Competition publishes FAQ on the Foreign Subsidies Regulation (06/06/2023)

DG Competition has published a Q&A to answer some of the most frequently asked questions on the Foreign Subsidies Regulation (‘FSR’). The FSR entered into force last January with the objective of addressing distortions caused by foreign subsidies and ensuring a level playing field for all companies operating in the Single Market.
Are you interested to know more about the FSR, or are you seeking clarification on the topic? If so, please check this FAQ regularly, as its content may evolve from time to time.

Sustainability Guidelines: Enhancing cooperation for a greener agri-food supply chain (12/06/2023)

Following a public consultation, which closed in April 2023, the Directorate-General for Competition and the Directorate-General for Agriculture and Rural Development are organising a conference titled “Sustainability Guidelines: Enhancing cooperation for a greener agri-food supply chain” that will accompany the Guidelines’ adoption process.
The main purpose of this conference is to discuss key elements of the Guidelines with interested parties at all levels. These parties could be active in the agri-food supply chain, but could also be, for example, lawyers, law enforcers, academics, or citizens.
You can register to participate in this conference via this link.

Multiple Framework Contract for Expert Consultancy Services and Reports in the Context of Competition Law Enforcement (11/04/2023)

The subject matter of the FWC is expert consultancy services and reports in the context of competition law enforcement. The call for tenders is divided in four lots: 1. customer surveys; 2. assistance in obtaining and reviewing company documents; 3. remedy assessment and monitoring of interim measures; 4. economic assessment in State aid cases.