"Competition weekly e-news" Newsletter Issues

Commission finds assets transfers within Ferrovie dello Stato Group and part of Trenitalia compensation for certain public rail freight transport services in line with State aid rules (24/11/2023)

The European Commission has concluded that the transfers of certain railway assets between companies of the Italian rail incumbent Ferrovie dello Stato Group (‘FS Group') do not constitute State aid within the meaning of EU rules. The Commission has also found Italy's compensation to Trenitalia for the provision of rail freight transport services in line with EU State aid rules, except for compensation for certain routes, which constitutes incompatible aid. Italy must now recover the incompatible aid, including interest.

Commission approves amendment to State aid measures supporting resolution of Polish Getin Noble Bank (24/11/2023)

The European Commission has approved, under EU State aid rules, an amendment to the support measures granted by Poland in the context of the resolution of the Polish Getin Noble Bank S.A.

Commission approves €5.7 billion Italian State aid scheme under the Recovery and Resilience Facility to support renewable energy communities and self-consumers (22/11/2023)

The European Commission has approved, under EU State aid rules, a €5.7 billion Italian scheme made available in part through the Recovery and Resilience Facility ('RRF') to support the production and self-consumption of renewable electricity. The scheme contributes to the EU's strategic objectives relating to the European Green Deal.

Commission adjusts phase-out of certain crisis tools of the State aid Temporary Crisis and Transition Framework (20/11/2023)

Today, the European Commission has adopted an amendment to the State aid Temporary Crisis and Transition Framework to prolong by six months a limited number of sections of the Framework aimed at providing a crisis response following Russia's aggression against Ukraine and the unprecedented increase in energy prices.

Commission fines Rabobank €26.6 million over Euro-denominated bonds trading cartel (22/11/2023)

The European Commission has fined Rabobank €26.6 million for participating in a cartel concerning the trading of certain Euro-denominated bonds, together with Deutsche Bank. Deutsche Bank was not fined as it revealed the cartel to the Commission under the leniency programme.

Commission carries out unannounced inspections in the online food delivery sector (21/11/2023)

The European Commission is carrying out unannounced inspections at the premises of companies active in the online ordering and delivery of food, groceries and other consumer goods in two Member States.

Foreign Subsidies Regulation: updated Q&A (22/11/2023)

The European Commission has updated its Q&A with additional answers to some of the most frequently asked questions on the Foreign Subsidies Regulation (‘FSR’).
The FSR started to apply on 12 July 2023 with the objective of addressing distortions caused by foreign subsidies and ensuring a level playing field for all companies operating in the Single Market. Since 12 October 2023, companies have to notify large concentrations under the FSR to the Commission.
If you are interested to find out more about the FSR, or are seeking further clarification on the topic, do not hesitate to check the updated Q&A page.

Commission sends Adobe Statement of Objections over proposed acquisition of Figma (17/11/2023)

The European Commission has informed Adobe of its preliminary view that its proposed acquisition of Figma may reduce competition in the global markets for the supply of interactive product design software and of other creative design software.

Ryanair v Commission (23/11/2023)

The Commission takes note of today's judgments of the Court of Justice of the European Union, confirming two judgments of the General Court of 17 February 2021. In its judgements, the General Court upheld two 2020 Commission State aid decisions, concerning, respectively, a Swedish aid scheme and a French aid scheme.
- In the first decision, the Commission approved, under EU State aid rules, aid of approximately €455 million in the form of a State guarantee on loans. The aid ensured that airlines, which hold a licence issued by Sweden and which are important to secure connectivity in Sweden, had sufficient liquidity despite the disruptions caused by the coronavirus pandemic. The scheme was approved under the COVID Temporary Framework (TF), in line with Article 107(3)(b) TFEU.
- In its second decision, the Commission approved, under EU State aid rules, aid of approximately €30 million in the form of payment deferrals of taxes. The aid aimed to compensate the beneficiaries for the damage suffered due to the coronavirus pandemic and the related governmental restrictions. The scheme was approved under the COVID TF, in line with Article 107(2)(b) TFEU.
In today’s judgements, the Court of Justice upheld the General Court judgments finding that the Commission was right to conclude that the Swedish scheme complied with the relevant conditions set out in section 3.2 of the COVID TF, and was therefore compatible with the internal market pursuant to Article 107(3)(b) TFEU. The Court of Justice also conclude that the French scheme met all conditions set out in Article 107(2)(b) TFEU and was therefore compatible with the internal market.

Ryanair and Airport Marketing Services (23/11/2023)

The Commission takes note of today’s judgment of the Court of Justice of the European Union, dismissing Ryanair’s appeal against a 2021 judgment of the General Court. In its judgment, the General Court rejected Ryanair’s application for annulment of a 2016 State aid Commission decision.
In its decision, the Commission found that several agreements concluded between Klagenfurt airport and Ryanair were incompatible with the internal market.

Commission approves €3 billion Austrian State aid scheme to support companies facing increased energy costs in the context of Russia's war against Ukraine (17/11/2023)

The European Commission has approved an approximately €3 billion Austrian scheme to support companies facing increased energy costs in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis 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.

European Gaming and Betting Association v Commission (15/11/2023)

The Commission takes note of today’s judgment by the General Court, annulling in whole a 2020 Commission’s State aid decision. In its decision, the Commission had found that the 2014 decision of the Dutch gambling authority to prolong six lottery and gambling licenses was in line with EU State aid rules.
The Commission will carefully study the judgment and reflect on possible next steps.

EU and Korea meet during fifth Competition Week to reinforce cooperation on competition policy (17/11/2023)

Officials and experts from the EU and Korea are meeting online on 16 and 17 November 2023 in the annual EU-Korea Competition Week, part of the Competition Cooperation project, a 5-year EU-funded programme offering technical cooperation to competition authorities in Asia. The sessionswill focus on assessing tying arrangements in abuse of dominance cases and suitable remedies, as well as on best practices for antitrust proceedings and strengthening procedural fairness and transparency.

EU SEND in replacing eTrustEx (11/11/2023)

EU SEND is a web-based exchange platform that ensures secure transmission of documents between DG Competition and external stakeholders. As of November 11th, it replaces eTRustEx, the predecessor system. Users who had access to eTrustex do not need to register as their accounts/access rights have been automatically migrated to EU SEND.

Commission approves €1.7 billion Italian State aid scheme under the Recovery and Resilience Facility to support agrivoltaic installations (10/11/2023)

The European Commission has approved, under EU State aid rules, a €1.7 billion Italian scheme made available in part through the Recovery and Resilience Facility (‘RRF') to support agrivoltaic installations. The measure is part of Italy's strategy to reduce greenhouse gas emissions and to increase its share of renewable energies, in line with the EU's strategic objectives relating to the EU Green Deal.

Commission consults Member States on a proposal for a partial adjustment of the phase-out schedule of the State aid Temporary Crisis and Transition Framework in view of the upcoming winter heating period (06/11/2023)

The European Commission has sent to Member States for consultation a draft proposal to partially adjust the phase-out schedule of the provisions of the State aid Temporary Crisis and Transition Framework aimed at providing a crisis response following Russia's aggression against Ukraine and the unprecedented increase in energy prices.

DG COMP Website: An Antitrust and Cartels Merger (06/11/2023)

The two sections on our external website on Antitrust and Cartels have now been merged into one section.
This change has been made following the internal survey carried out earlier this year asking you all for suggestions on how we could improve COMP’s website.
More of your suggestions have also been taken into account, and we will continue to implement them over the coming months.
In the meantime, if you do have further ideas to improve the site, please do not hesitate to send an email to our webmaster.

Altice Group Lux v Commission (09/11/2023)

The Commission takes note of the judgment of the Court of Justice of the European Union upholding its 2018 decision, while slightly reducing the amount of the fine for the breach of the notification requirement.
In its 2018 decision, the Commission found that Altice breached both the notification requirement and the standstill obligation laid down in the EU Merger Regulation by implementing its acquisition of the Portuguese telecommunications operator PT Portugal prior to notification and approval by the Commission.
In its judgment, the Court fully upheld the Commission’s finding that certain provisions of the purchase agreement resulted in Altice acquiring the legal right to exercise decisive influence over PT Portugal and that the company actually exercised such influence in several instances, in breach of the EU Merger Regulation.
With regard to the calculation of the fine, the Commission will carefully study the judgment.

Markets for People - Salamanca 20 Octubre 2023 : Highlights (20/10/2023)

This third episode of the Markets for People itinerant debate series took place on Friday, 20 October 2023 in Salamanca, Spain (here is the series portal and here the debate page)
Ana García, from the Directorate-General for Competition of the European Commission moderated the debate. The full debate is available on DG Competition’s YouTube channel (here in English and here in Spanish).

Opening speech at the VI Lisbon Conference (08/11/2023)

Speech by Director-General Olivier Guersent at VI Lisbon Conference,
8 November 2023.
[...] " The Commission has an important role to play in ensuring that AI remains innovation-intensive, and that consumers and businesses have a broad choice of AI systems. This is why we are monitoring the development of the AI sector."

Commission approves €2.4 billion Czech scheme to support sustainable biomethane production (31/10/2023)

The European Commission has approved, under EU State aid rules, a €2.4 billion Czech scheme to support the construction and operation of new or converted sustainable biomethane production plants. The measure will contribute to the implementation of Czechia's National Energy and Climate Plan and to the European Green Deal targets, while helping end dependence on Russian fossil fuels in line with the REPowerEU Plan.

Commission opens in-depth State aid investigation into past co-operation between Slovak Post and SWAN (30/10/2023)

The European Commission has opened an in-depth investigation to assess whether the initial co-operation and framework agreement between public postal services provider Slovak Post and mobile network operator SWAN was in line with EU State aid rules.

Commission approves €659 million French State aid measure to support Verkor in researching and developing innovative batteries for electric vehicles (30/10/2023)

The European Commission has approved, under EU State aid rules, a €659 million French measure to support Verkor in researching and developing new production processes of lithium-ion 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 Hitachi Rail's acquisition of Thales' ground transportation business, subject to conditions (30/10/2023)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Thales' ground transportation business by Hitachi Rail. The approval is conditional on full compliance with commitments offered by Hitachi Rail.

Barriers for demand response participation in electricity markets and State aid support (27/09/2023)

The European Commission is conducting a study to identify barriers for the participation of Demand Response to wholesale electricity markets and State Aid mechanisms in the EU27 Member States. The focus of the study is on the so-called explicit demand response, i.e., demand response services provided by consumption units directly competing with other technologies in wholesale electricity markets and SA mechanisms, either individually or through aggregators.
As part of the study, a survey is offered to collect opinions from stakeholders with respect to a number of topics.

Commission approves €742 million Czech State aid scheme to support sustainable forest management (23/10/2023)

The European Commission has approved, under EU State aid rules, a €742 million (CZK 17.4 billion) Czech scheme to support sustainable forest management. The measure will contribute to the achievement of the objectives of the Common agricultural policy by strengthening forest environmental protection.

EDP – Energias de Portugal and Others (26/10/2023)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union clarifying the interpretation of Article 101 TFEU, and more particularly the notion of potential competition.

Bulgarian Energy Holding and Others v Commission (25/10/2023)

The Commission takes note of the judgment by the General Court which annulled a Commission decision of 2018. In its decision, the Commission fined Bulgarian Energy Holding (BEH), its gas supply subsidiary Bulgargaz and its gas infrastructure subsidiary Bulgartransgaz (together the BEH group) for blocking competitors' access to key gas infrastructure in Bulgaria, in breach of EU antitrust rules.
The Commission will carefully study the judgment and reflect on possible next steps.
See also Curia's press release (in PDF format).

Watch the debate of the third "How can we make markets fairer?" series (20/10/2023)

Today, October 20th, the third episode of the series “How can we make markets fairer?” took place in Salamanca, Spain.
In case you missed it, you can watch the recorded debate.
More episodes of the How can we make markets fairer? series will come, so watch this space!

Commission approves acquisition of Seagen by Pfizer (19/10/2023)

The European Commission has unconditionally approved the proposed acquisition of Seagen by Pfizer, under the EU Merger Regulation. The Commission concluded that the transaction would not raise competition concerns in the European Economic Area.

Commission fines pharma companies €13,4 million in antitrust cartel settlement (19/10/2023)

The European Commission has fined Alkaloids of Australia, Alkaloids Corporation, Boehringer, Linnea and Transo-Pharm a total of €13,4 million for participating in a cartel concerning an important pharmaceutical ingredient. C2 PHARMA was not fined as it revealed the cartel to the Commission under the leniency programme. All six companies admitted their involvement in the cartel and agreed to settle the case. 

Commission carries out unannounced antitrust inspections in the construction chemicals sector (17/10/2023)

The European Commission is carrying out unannounced antitrust inspections at the premises of companies active in the construction chemicals sector in several Member States.

Developments in EU Competition Policy (18/10/2023)

Speech by Commissioner Didier Reynders at 22nd ICN Annual Conference,
Barcelona, 18 October 2023.
[...] " But “fit for purpose” also means that competition enforcement has to fit market realities. And those realities have changed: digital services are everywhere, monetary payments are no longer the norm and data has become a valuable input. [...]"

Working towards a global ‘Level-Playing Field’ (17/10/2023)

Speech by Director-General Olivier Guersent at Competition Day,
Barcelona, 17 October 2023.
[...] " because by embracing change we have the chance to shape it in a more positive direction. All of our policy work is about doing just that: keeping us open, fair and competitive, so that Europe can continue to play its part in a more prosperous, more just and more peaceful, global future."

Ministar na zemedelieto, hranite i gorite (19/10/2023)

The Commission takes note of today’s preliminary ruling by the Court of Justice of the European Union, which clarifies the notion of undertaking under EU State aid rules and on economic activities carried out by beneficiaries of State aid. The preliminary ruling stems from questions submitted by the Administrativen sad, Varna (“Administrative Court, Varna, Bulgaria”), referred under Article 267 TFEU.

Teva Pharmaceutical Industries and Cephalon v Commission (18/10/2023)

The Commission takes note of the judgment of the General Court. In its judgment, the General Court dismissed an action for annulment against a 2020 Commission decision. In its decision, the Commission imposed a total fine of around €60.5 million on Teva and Cephalon for agreeing to delay the market entry of a generic version of Cephalon's drug for sleep disorders, modafinil, after Cephalon's main patent had expired.
In its judgment, the General Court fully upheld the Commission’s assessment and decision.

Clariant and Clariant International v Commission (18/10/2023)

The Commission takes note of the judgment of the General Court. In its judgment, the Court dismissed Clariant’s appeal against a 2020 Commission decision imposing a fine of around €156 million on Clariant for participating in a cartel in the chemical sector.
In its judgment, the General Court fully upheld the Commission’s assessment in the decision.

Wizz Air Hungary v Commission (TAROM ; COVID-19) (18/10/2023)

The Commission takes note of today’s judgment by the General Court, upholding in full a 2020 Commission decision.
In its decision, the Commission approved, under EU State aid rules, a €19.3 million Romanian loan guarantee to compensate TAROM for damage suffered between 16 March and 30 June 2020 due to travel restrictions and other containment measures linked to the coronavirus outbreak.
The General Court’s judgment confirms that the Commission was right to consider that the contested measure was compatible with the internal market, and in particular that it was proportionate to the damage suffered by TAROM.

Ryanair v Commission (airBaltic ; COVID-19) (18/10/2023)

The Commission takes note of today’s judgment of the General Court, upholding in full a 2020 Commission State aid decision.
In its decision, the Commission approved, under the State aid COVID Framework, a Latvian €250 million equity injection to support airBaltic.

Ryanair v Commission (Brussels Airlines ; COVID-19) (18/10/2023)

The Commission takes note of today’s judgment of the General Court, upholding in full a 2020 Commission decision.
In its decision, the Commission approved, under the State aid COVID Temporary Framework, a Belgian €287 million loan and equity injection of around €3 million to support SN Group, which is composed of SN Airholding and its sole subsidiary Brussels Airlines.

Ryanair v Commission (Nordica ; COVID-19) (18/10/2023)

The Commission takes note of today’s judgment of the General Court, upholding in full a 2020 Commission decision.
In its decision, the Commission approved, under the State aid COVID Temporary Framework, an Estonian €22 million recapitalisation and a loan with subsidised interest of €8 million to support the aviation company Nordica.

Ryanair v Commission (Alitalia I & II ; COVID-19) (18/10/2023)

The Commission takes note of today’s judgments by the General Court, upholding in full two 2020 Commission decisions.
In its decisions, the Commission approved, under EU State aid rules, two Italian measures, respectively of €199.45 million and €73.02 million, to compensate Alitalia for the damages suffered between 1 March and 15 June 2020 and between 16 June and 31 December due to travel restrictions and other containment measures linked to the coronavirus outbreak.
The General Court’s judgments confirm that the Commission was right to consider that the contested measures were compatible with the internal market, and in particular that they were proportionate to the damage suffered by Alitalia during the respective time periods.
The General Court also confirms that the Commission did not misuse its powers and did not misapply EU State aid rules, by approving the Italian measures shortly after their notification to the Commission, while two ongoing investigations relating to aid measures granted to Alitalia in 2017 and 2019 were not concluded before the adoption of the contested decisions.
See also the Court's judgment in the second Alitalia case.

Commission approves €24 million Romanian State aid scheme to support investments in sea and inland ports in the context of Russia's war against Ukraine (13/10/2023)

The European Commission has approved an up to €24 million Romanian scheme (RON 118,6 million) to support investments in sea and inland ports 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 €400 million Bulgarian State aid measure to support Bulgargaz EAD in the context of Russia's war against Ukraine (10/10/2023)

The European Commission has approved an around €400 million (BGN 800 million) Bulgarian measure to support the public supplier of natural gas in Bulgaria, Bulgargaz EAD, in the context of Russia's war against Ukraine. The measure 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, as amended on 20 July 2022. Such Temporary Crisis Framework was amended again on 28 October 2022, and replaced by the 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.

Commission approves €100 million Italian scheme to support the production of electrolysers to foster the transition to a net-zero economy (09/10/2023)

The European Commission has approved a €100 million Italian scheme to support the production of electrolysers 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 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 €2.5 billion Czech scheme to support the decarbonisation and energy efficiency of industrial processes to foster the transition to a net-zero economy (06/10/2023)

The European Commission has approved a €2.5 billion (60 billion CZK) Czech scheme to help manufacturing companies to decarbonise their production processes and improve their energy efficiency 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 to support measures in industrial sectors which are key to accelerate the green transition and reduce fossil 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 €1.2 billion Polish scheme to support energy-intensive companies in the context of Russia's war against Ukraine (06/10/2023)

The European Commission has approved a €1.2 billion (PLN 5.5 billion) Polish scheme to support energy-intensive companies facing 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 orders Illumina to unwind its completed acquisition of GRAIL (12/10/2023)

The European Commission has adopted, under the EU Merger Regulation, restorative measures requiring Illumina to unwind its completed acquisition of GRAIL, following the Commission's decision to prohibit the transaction.

Foreign Subsidies Regulation: notification obligation for large concentrations (12/10/2023)

The notification obligation for large concentrations under the Foreign Subsidies Regulation starts to apply as of October 12th. Companies are encouraged to engage with the Commission as early as possible to ensure they comply with this obligation.
For more information on the FSR, you can watch again the Let’s Talk Competition episode "Unpacking the Foreign Subsidies Regulation".

Commission decides not to extend antitrust block exemption for liner shipping consortia (10/10/2023)

The European Commission has decided not to extend the EU legal framework which exempts liner shipping consortia from EU antitrust rules (Consortia Block Exemption Regulation or ‘CBER'). The Commission has concluded that the CBER no longer promotes competition in the shipping sector and therefore it will let it expire on 25 April 2024.
See also Q&A on the Consortia Block Exemption Regulation.

Commission publishes template for compliance report under the Digital Markets Act (09/10/2023)

The Commission published the template for the compliance report that designated gatekeepers will need to submit under the Digital Markets Act (‘DMA').
Designated gatekeepers will need to submit compliance reports within six months from designation and update them at least once per year. The gatekeepers designated on 6 September 2023 will need to submit the first reports by 7 March 2024. The Commission will then publish a non-confidential summary of each compliance report.

Larko v Commission (12/10/2023)

The Commission takes note of today’s judgment of the Court of Justice of the European Union, upholding a 2014 Commission decision. In its decision, the Commission had ordered Greece to recover unlawful and incompatible State aid granted to Larko General Mining & Metallurgical Company S.A.

Est Wind Power (12/10/2023)

The Commission takes note of today’s preliminary ruling by the Court of Justice of the European Union, which clarifies the concept of ‘start of works’ in the Commission Guidelines on State aid for environmental protection and energy 2014-2020.

Markets for People: Third debate in Salamanca, Spain (20/10/2023)

After the first two episodes in Italy and Austria, DG Competition continues its effort to bring the competition policy debated around the Union to five mid-sized cities in five different EU countries. We are happy to announce that the third debate titled “How can we make markets fairer?” will be held in Salamanca, Spain, on 20 October 2023.
You can register at this following link.

Framework Contract for the Provision of Expert Consultancy Services and Studies in the Context of Investigations and Enforcement Related to Foreign Subsidies (11/07/2023)

External expertise is sought to support DG Competition’s enforcement of the Foreign Subsidies Regulation in order to receive detailed reports on the impact of subsidies in given sectors, on the benefits of financial contributions, on the distortions caused by foreign subsidies, and on any potentially positive effects of foreign subsidies.The purpose of this call for tenders is to conclude multiple framework contracts with up to four contractors per lot in order to provide the contracting authority with the provision of services.

Study on Mobile Ecosystems (Technical and Security Issues) (15/09/2023)

The aim of the study is to support the supervision and enforcement of the DMA vis-à-vis the gatekeepers. This is one of the points and issues that is expected to be raised by the designated gatekeepers, in particular ones that are running a closed mobile ecosystem.

Commission approves €300 million French scheme to support investments in the use of solid recovered fuels to foster the transition to a net-zero economy (06/10/2023)

The European Commission has approved a €300 million French scheme to support companies investing in the use of solid recovered fuels  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 €193 million Lithuanian scheme to support offshore wind farms to foster the transition to a net-zero economy (04/10/2023)

The European Commission has approved a €193 million Lithuanian scheme to support offshore wind farms 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 €910 million Italian scheme under the Recovery and Resilience Facility to support agro-industrial development (04/10/2023)

The European Commission has approved, under EU State aid rules, a €910 million Italian scheme made available in part through the Recovery and Resilience Facility (‘RRF') to support agro-industrial development. The measure contributes to the achievement of the objectives of the Common Agricultural Policy by fostering a smart, competitive, resilient and diversified agricultural sector.

Commission adopts amendment to rules on small amounts of aid to the fishery and aquaculture sector (04/10/2023)

The European Commission has adopted today an amendment of the so-called 'de minimis' regulation for the fishery and aquaculture sector (‘Fishery de minimis Regulation'). The revised regulation, which exempts small aid amounts from State aid control since they are deemed to have no impact on competition and trade in the Single Market, will enter into force 20 days after its publication in the Official Journal.

Unpacking the Foreign Subsidies Regulation (10/10/2023)

On 10 October 2023 at 13:00, the fourth Let’s Talk Competition conversation will focus on the new tools and investigative powers of the Foreign Subsidies Regulation.
The panel will be composed of three renowned experts:Mr. Eddy De Smijter, DG Competition Head of Unit for the Foreign Subsidies Regulation; Mrs. Merit Olthoff, Partner for Antitrust, Competition and Trade at Freshfields Bruckhaus Deringer; Mr. Yves-Emmanuel Bara, Deputy Head of Economic, Commercial and Financial Services at the French Permanent Representation to the EU.
Mr. Javier Espinoza, Financial Times EU Correspondent, will moderate the debate.

Evaluation of Regulation 1/2003: an interactive workshop (12/10/2023)

The European Commission is currently evaluating Regulations 1/2003 and 773/2004, which form the framework for the enforcement of Articles 101 and 102 TFEU. In this context, DG Competition is organising a specialised  interactive workshop to gather stakeholder views on the effectiveness, efficiency, relevance, coherence and EU added value of this enforcement framework.

The workshop will take place in Brussels on Thursday, 12 October 2023, from 9:00 until 17:30.

Commission approves modifications to Belgian capacity mechanism (29/09/2023)

The European Commission has approved, under EU State aid rules, modifications to the Belgian capacity mechanism to safeguard security of electricity supply. The modifications will make the capacity mechanism more cost-efficient in its daily operation. It will also be more environmentally-friendly, with stricter carbon dioxide (CO2) emission limits to better align with the European Green Deal, and will contribute to ending dependence on Russian fossil fuels, under the REPowerEU Plan.

Commission prohibits proposed acquisition of eTraveli by Booking (25/09/2023)

The European Commission has prohibited, under the EU Merger Regulation, the proposed acquisition of Flugo Group Holdings AB by Booking Holdings. The acquisition would have allowed Booking to strengthen its dominant position on the market for hotel online travel agencies (‘OTAs') in the European Economic Area. Booking did not offer remedies that were sufficient to address these concerns.
See also Remarks by Commissioner Reynders on the Commission decision, as well as COMP Flash - Prohibition of the proposed acquisition of eTraveli by Booking.

It’s soon time for DMA compliance (28/09/2023)

Did you miss the third episode of Let’s Talk Competition on DMA? No problem, you can watch it anytime on DG COMP Youtube channel. A great panel composed by Alberto Bacchiega, Director for Digital Platforms at the DG COMP, Vanessa Turner, Senior Advisor for Competition at the European Consumer Organisation (BEUC), and Inge Graef, Associate Professor of Competition Law at Tilburg University, discussed about the impact of this groundbreaking new EU law for gatekeepers and the way to go until compliance for companies in March 2024.

EU Competition policy: Plus ça change… (22/09/2023)

Speech by Director-General Olivier Guersent at the 50th Conference on on International Antitrust Law and Policy,
Fordham University New York, 22 September 2023.
[...] " Of course, we have different legal systems, different enforcement traditions and also different priorities, so 100% alignment is neither realistic nor even desirable – especially not when it comes to the design of instruments themselves. But I believe there is scope for adequate convergence when it comes to outcomes.. [...]"

Ryanair v Commission (28/09/2023)

The Commission takes note of today’s judgments of the Court of Justice of the European Union, upholding two 2020 Commission decisions. In its decisions, the Commission approved Danish and Swedish State guarantees to Scandinavian airline SAS, aimed at partly compensating the airline for the damage suffered due to the coronavirus outbreak.
See also Curia's press release (in PDF format).

Spain v Commission (27/09/2023)

The Commission takes note of today’s judgements by the General Court, annulling a 2014 Commission decision. In its decision, the Commission found that a new interpretation of a Spanish tax scheme benefiting companies acquiring foreign shareholdings is incompatible with EU State aid rules.
The Commission will carefully study the judgments and reflect on possible next steps. 
See also Curia's press release (in PDF format).

Valve Corporation v Commission (27/09/2023)

The Commission takes note of the judgment of the General Court. In its judgment, the Court dismissed Valve’s appeal against a 2021 Commission decision. In its decision, the Commission imposed a fine on Valve for restricting, together with five publishers of PC videogames, cross-border sales of certain PC video games on the basis of the geographical location of users within the European Economic Area, by entering into so called “geo-blocking” practices.
In its judgment, the General Court fully upheld the Commission’s assessment and decision.
The General Court also clarified the rules on the relationship between EU competition law and copyright, confirming the Commission’s position that the latter does not guarantee the copyright holders the opportunity to demand the highest possible remuneration or to engage in conduct such as to lead to artificial price differences between the partitioned national markets in violation of Article 101 TFEU.
See also Curia's press release (in PDF format).

Competition Merger Brief: focus on sustainability (27/09/2023)

The latest Merger Brief issue focuses on sustainability related aspects in EU merger control and contains the following articles:

• EU Green Mergers & Acquisitions Deals – How Merger Control Contributes to a Sustainable Future;

• Norsk Hydro / Alumetal and KPS Capital Partners / Real Alloy: “Greening” Aluminium

• Sika / MBCC: Cementing Sustainability - Cutting Carbon through Chemistry

Market Study on Competition in Online Payment Services (28/06/2023)

The main objective of the study is to assist the Commission in enforcing competition law in online payments services and to identify tools helping to prevent this market from tipping in the future in favour of Big Tech or incumbents. The study will examine the main online payment methods (various types of mobile wallets, instant payments, cards, payment initiation service providers) and analyse likely scenarios regarding the use of traditional cards for online payments compared to digital wallets and direct bank transfers.

Commission re-imposes €376.36 million fine on Intel for anticompetitive practices in the market for computer chips (22/09/2023)

The European Commission has re-imposed a fine of around €376.36 million on Intel for a previously established abuse of dominant position in the market for computer chips called x86 central processing units (‘CPUs'). Intel engaged in a series of anticompetitive practices aimed at excluding competitors from the relevant market in breach of EU antitrust rules.
See also European Commission's Questions & Answers.

Commission fines defence company €1.2 million in cartel settlement (21/09/2023)

The European Commission has fined defence company Diehl €1.2 million for participating in a cartel concerning the sale of military hand grenades together with its rival RUAG.  Both companies admitted their involvement in the cartel and agreed to settle the case. RUAG was not fined as it revealed the cartel to the Commission under the leniency programme.

Commission carries out unannounced inspections in the medical devices sector (19/09/2023)

The European Commission is carrying out unannounced inspections at the premises of a company active in medical devices for cardiovascular applications.

Commission to set up a forum to improve selection and implementation of Important Projects of Common European Interest (19/09/2023)

The European Commission has informed Member States of its plan to launch the Joint European Forum for Important Projects of Common European Interest (JEF-IPCEI). The forum aims to increase the effectiveness of IPCEIs and to identify relevant strategic technologies for potential future IPCEIs.

"Access to file" in DMA proceedings (21/09/2023)

The European Commission safeguards confidential information it receives from third parties in a new way under the DMA.
While enforcing the Digital Markets Act, the European Commission may have to grant gatekeepers or concerned undertakings access to documents obtained from third parties. This process is called “access to the file” and seeks to preserve the right to be heard of gatekeepers or concerned undertakings.
You can find out more about this and other DMA-related topics here.

Fachverband Spielhallen and LM v Commission (21/09/2023)

The Commission takes note of today’s judgment of the Court of Justice of the European Union annulling a 2021 order of the General Court. In its order, the General Court upheld a 2019 Commission State aid decision. In its 2019 decision, the Commission found that a deduction of a special tax paid by German public casinos operators from the tax base of the trade tax did not constitute State aid under EU State aid rules.
The Court of Justice referred the case back to the General Court that will rule on the substance of the applicants’ arguments.
The Commission will carefully study the judgment.

Romaqua Group (21/09/2023)

The Commission takes note of today’s preliminary ruling by the Court of Justice of the European Union.
The Court of Justice clarifies that Articles 106(1) and 102 of the Treaty on the Functioning of the European Union preclude national legislation, which grants the holder of an exclusive licence for the exploitation of mineral water springs the possibility of obtaining, without a competitive tendering procedure, an extension of its licence for successive five-year periods, (i) where this legislation would result in an abuse of a dominant position by the licence holder through the mere exercise of its preferential rights, or (ii) those rights are liable to create a situation in which the licence holder is led to commit such abuses.

Belgium v Commission (20/09/2023)

The Commission takes note of today's judgments of the General Court, upholding a 2016 Commission decision. In its decision, the Commission concluded that selective tax advantages granted by Belgium under its "excess profit" tax scheme are illegal and incompatible under EU State aid rules.
See also Curia's press release (in PDF format).

It's soon time for DMA compliance (28/09/2023)

The third Let’s Talk Competition conversation will focus on the impact of the Digital Markets Act for gatekeepers.
Three experts will share their perspectives on this important policy development: Mr. Alberto Bacchiega, Director for Digital Platforms at DG COMP; Ms.Vanessa Turner, Senior Advisor for Competition at the European Consumer Organisation (BEUC); Ms. Inge Graef, Professor of Competition Law at Tilburg University. Ms. Aoife White, Editor at Politico will moderate the debate.
The event will take place on 28 September 2023 at 13:00 and it will be webcasted on DG COMP's website as well as in DG Competition YouTube channel.