"Competition weekly e-news" Newsletter Issues

Foreign Subsidies Regulation: rules to ensure fair and open EU markets enter into force (12/01/2023)

Today, January 12th, the Foreign Subsidies Regulation (‘FSR') enters into force. This new set of rules for addressing distortions caused by foreign subsidies will allow the EU to remain open to trade and investment, while ensuring a level playing field for all companies operating in the Single Market. The Regulation was proposed by the Commission in May 2021 and agreed by the European Parliament and the Council in record-time, in June 2022.
See also Questions and Answers: New Regulation.

Commission approves €1.1 billion Danish scheme to support roll-out of carbon capture and storage technologies (12/01/2023)

The European Commission has approved, under EU State aid rules, a €1.1 billion Danish scheme to support the roll-out of carbon capture and storage (‘CCS') technologies. The measure contributes to the achievement of Denmark's climate targets and the EU's strategic objectives under the European Green Deal, in particular the 2050 climate neutrality goal.

Commission invites comments on draft Guidelines for sustainability agreements in agriculture (10/01/2023)

The European Commission today launched a public consultation inviting all interested parties to comment on its draft proposal for Guidelines on how to design sustainability agreements in the field of agriculture (‘Guidelines') using the novel exclusion from EU competition rules introduced during the recent reform of the common agricultural policy (‘CAP').

HSBC Holdings and Others v Commission (12/01/2023)

The Commission takes note of the judgment of the Court of Justice in the Euribor cartel case.
The Court of Justice confirms that HSBC participated in a cartel and upholds that the benchmark manipulations and exchanges between traders on mid prices were anticompetitive. It also confirms that the Commission can conduct so-called staggered hybrid procedures, in which the Commission settles its case with some undertakings even before finalising its investigation against other undertakings that chose not to settle, as long as it duly respects the rights of the parties involved.
The fine, which the Commission re-adopted in 2021 following the annulment of its initial 2016 decision by the General Court for insufficient motivation, is subject to a separate action for annulment that is still pending before the General Court.
See also the Court's press release (in PDF format).

RegioJet (12/01/2023)

The Commission takes note of the judgment of the Court of Justice of the European Union on the preliminary reference by the Supreme Court of the Czech Republic of December 2020 in relation to the private damages action against the state-owned railway company České dráhy (“Czech Railway”) for an alleged abuse of a dominant position (predatory pricing) and the related application for disclosure of evidence by Regiojet.
The judgment further clarifies the interplay between the public and private enforcement of competition law and provides additional guidance on a number of specific questions relating to the rules on the disclosure of evidence under Directive 2014/104 (the “Damages Directive”).
Specifically with regard to the interplay between the public and private enforcement of competition law, the Court of Justice holds that the Damages Directive does not preclude a national court from ordering the disclosure of evidence in relation to a private damages action which has been stayed due to an ongoing investigation by the Commission into the same infringement.
See also the Court's press release (in PDF format).

Jouvin v Commission (12/01/2023)

The Commission takes note of the judgment of the Court of Justice of the European Union rejecting the appeal against a 2021 judgment of the General Court. In its judgment, the General Court dismissed the action for annulment brought by the complainant (Mr Jouvin) against a 2020 Commission decision. In its decision, the Commission had rejected Mr Jouvin’s complaint alleging an infringement of antitrust rules.
In its judgment, the Court confirmed that the Commission was fully justified in rejecting the complaint because of the lack of sufficient EU interest.

Lietuvos geležinkeliai v Commission (12/01/2023)

The Commission takes note of the judgment of the Court of Justice of the European Union upholding a 2017 Commission’s antitrust decision. In its decision, the Commission fined Lithuanian Railways (Lietuvos geležinkeliai) for hindering competition on the rail freight market, in breach of EU antitrust rules, by removing a rail track connecting Lithuania and Latvia.
In its judgment, the Court fully upheld the Commission’s assessment by confirming that such behaviour hindered competition on the rail freight market and is in breach of Article 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibits the abuse of a dominant market position.
See also the Court's press release (in PDF format).

DOBELES HES (12/01/2023)

The Commission takes note of today’s preliminary ruling of the Court of Justice of the European Union concerning the interpretation of Article 107 of the Treaty on the Functioning of the European Union in relation to provisions of Latvian law on the purchase of electricity from companies producing electricity from renewable energy sources. < /br>The Commission will carefully study the judgment.
See also the Court's press release (in PDF format).

Merger review in digital and technology markets: Insights from national case law (09/01/2023)

This Report contains an independent expert study on the national assessment of horizontal and non-horizontal mergers in digital and technology markets. It analyses the substantive assessment of digital and technology merger cases from selected EU Member States as well as from a former Member State, the United Kingdom, against the background of the growing concern about the market power of Big Tech. The Report identifies theories of harm repeatedly relied upon in the national decisional practice, sets out remedies adopted to address these competition concerns, and draws conclusions therefrom for merger assessment in Europe.

Review of the Commission Notice on the definition of relevant market for the purposes of Community competition law (08/11/2022)

The present consultation is carried out in the context of the ongoing review of the Market Definition Notice. The purpose of the consultation is to gather stakeholders’ opinion in relation to the draft revised Market Definition Notice, first rendered public on 8 November 2022.
See also the corresponding EC press release.

Commission extends scope of anonymous whistleblower tool (09/01/2023)

The European Commission has extended the scope of its anonymous antitrust whistleblower tool to include mergers and State Aid issues. As a result of this extension, individuals will now be able to alert the Commission about all types of possible breaches of EU competition rules while maintaining their anonymity.
The whistleblower tool was introduced in 2017 to allow any person to anonymously report to the Commission cartels and other antitrust violations such as price coordination, agreements on procurement bids and unfair exclusion of rivals. Citizens can now also blow the whistle and help the Commission uncover merger-related infringements such as gun jumping as well as instances of unlawful State aid.
Please check the Commission's whistleblower communication tools' website.

Technical expertise in the context of investigations and compliance enforcement in relation to digital services (11/11/2022)

The subject of this call for tenders is the provision of technical expertise in relation to digital services in the context of enforcement of competition law and of ensuring contestability and fairness in that sector.
Time limit for receipt of tenders: 10/01/2023.

Review of rules on exemptions for small amounts of aid to services of general economic interest (12/12/2022)

The Services of General Economic Interest (SGEI) de minimis Regulation, evaluation of which started in 2019, exempts from State aid control small amounts of aid granted to SGEI.
Based on the preliminary findings of the evaluation, the Commission will consider whether the exempted amounts should be adjusted in light of inflation over time and whether there is a need to align certain concepts with Commission Regulation (EC) No 1407/2013.

Exemptions for small amounts of aid (de minimis aid) (update) (15/11/2022)

The Commission proposes to revise the de minimis threshold to adapt it to the current economic context and proposed to improve transparency requirements. These changes are translated into the text of the proposed Regulation, which is subject to the present public consultation.

Commission approves EUR 119.3 million French restructuring aid for Air Austral and EUR 17.5 million compensation for damage suffered as a result of the coronavirus pandemic (05/01/2023)

The European Commission, pursuant to the EU rules on State aid, has authorised France's plan to pay (i) restructuring aid of EUR 119.3 million to enable the airline Air Austral to return to viability; and (ii) EUR 17.5 million in aid to compensate the company for damage suffered as a result of the coronavirus pandemic between 17 March and 30 June 2020.

2022 at a glance (22/12/2022)

As we come to the end of a busy and eventful 2022, it’s a good moment to look back on what we did during the year to help Europe, and indeed Europeans, to thrive in challenging circumstances.
We will work equally hard next year, ready to face current challenges as well as new ones. In the meantime, we would like to wish you all a happy and prosperous 2023!

Commission approves €3 billion Polish scheme to support companies active in the Polish gas market in the context of Russia's war against Ukraine (22/12/2022)

The European Commission has approved a €3 billion Polish scheme to support companies active in the Polish gas market 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 and amended on 20 July 2022 and on 28 October 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.

Commission approves amendments to German scheme to support offshore wind energy generation (21/12/2022)

The European Commission has approved, under EU State aid rules, amendments to a German scheme to support offshore wind energy generation in Germany (German Offshore Wind Energy Act -  'WindSeeG'). The scheme complements the German Renewable Energy Act (Erneuerbare Energien Gesetz – ‘EEG 2023') and will further contribute to achieving Germany's energy and environmental targets and the EU's strategic objectives relating to the European Green Deal.

Commission approves €12 million Cypriot scheme under the Recovery and Resilience Facility to support access to high-speed broadband services (21/12/2022)

The European Commission has approved, under EU State aid rules, a €12 million Cypriot voucher scheme, made available in part through the Recovery and Resilience Facility (‘RRF'), to help households access high-speed broadband services. The scheme is aimed at fostering the digitalisation of the country and will also contribute to the EU's strategic objectives relating to the digital transition.

Commission approves modification of German scheme to support electricity production from renewable energy sources (21/12/2022)

The European Commission has approved, under EU State aid rules, the modification of a German scheme to support the production of electricity from renewable energy sources. The scheme reflects a recent amendment by Germany to its Renewable Energy Act (“Erneuerbare Energien Gesetz” – ‘EEG 2023'), and will further contribute to achieving Germany's energy and environmental targets and the EU's strategic objectives relating to the European Green Deal.

Commission approves €49 billion German scheme to support the economy in the context of Russia's war against Ukraine (21/12/2022)

The European Commission has approved a €49 billion German scheme to support the economy 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 and amended on 20 July 2022 and on 28 October 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

Commission approves amendments to Italian scheme, including up to €23 billion budget increase, to support companies in context of Russia's war against Ukraine (20/12/2022)

The European Commission has found the amendments to an existing Italian guarantee scheme, including an up to €23 billion budget increase, to support companies in the context of Russia's war against Ukraine to be in line with the State Aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 2022. The overall budget of the measure is not over €33 billion.

Commission approves €1.1 billon Polish scheme to support particularly affected energy intensive companies in the context of Russia's war against Ukraine (20/12/2022)

The European Commission has approved a €1.1 billon (PLN 5.1 billion) Polish scheme to support particularly affected energy intensive companies 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 and amended on 20 July 2022 and on 28 October 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.

Commission approves €80 million Finnish recapitalisation measure to support Meyer Turku Oy in the context of Russia's war against Ukraine (19/12/2022)

The European Commission has approved a €80 million Finnish recapitalisation measure to support Meyer Turku Oy, the largest national shipyard in Finland, in the context of Russia's war against Ukraine pursuant to Article 107(3)(b) TFEU and in line with the principles set out in the Temporary Crisis Framework adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 2022.

Council adopts a regulation enabling the Commission to simplify procedures for State aid to green transport (19/12/2022)

On 19th December 2022, the Council adopted a new regulation enabling the Commission to exempt Member States from prior notification to the Commission certain types of aid for rail, inland waterway and multimodal transport, with the objective of promoting green transport.
See also the EC's press release in July 2022, as well as the corresponding public consultation.

Commission accepts commitments by Amazon barring it from using marketplace seller data, and ensuring equal access to Buy Box and Prime (20/12/2022)

The European Commission has made commitments offered by Amazon legally binding under EU antitrust rules. Amazon's commitments address the Commission's competition concerns over Amazon's use of non-public marketplace seller data and over a possible bias in granting to sellers access to its Buy Box and its Prime programme.
See also Remarks by Executive Vice-President Vestager.

Commission sends Statement of Objections to Meta over abusive practices benefiting Facebook Marketplace (19/12/2022)

The European Commission has informed Meta of its preliminary view that the company breached EU antitrust rules by distorting competition in the markets for online classified ads. The Commission takes issue with Meta tying its online classified ads service, Facebook Marketplace, to its personal social network, Facebook. The Commission is also concerned that Meta is imposing unfair trading conditions on Facebook Marketplace's competitors for its own benefit.

E. Breuninger v Commission (21/12/2022)

The General Court dismissed as inadmissible the three appeals brought against the Commission’s decisions approving aid granted by Germany to compensate for losses suffered in the context of the COVID-19 crisis.
See also:

• Curia's press release (in PDF format) for cases T-260/21 and T-306/21
• Court's judgment in Falke v Commission (T-306/21)
• Curia's press release (in PDF format) for cases T-525/21
• Court's judgment in E. Breuninger v Commission (T-525/21)

Landwärme v Commission (21/12/2022)

The Commission takes note of today's judgment by the General Court, which annuls two 2020 Commission decisions. In its decisions, the Commission approved the prolongation of Swedish tax exemption measures for non food-based biogas and bio propane used for heating or as motor fuel in Sweden.
The Commission will carefully study the judgment and reflect on possible next steps.

Ekobulkos v Commission (21/12/2022)

The Commission takes note of today's judgment of the General Court, dismissing an action for failure to act against the European Commission.
The General Court confirmed that the Commission was not under an obligation to act, as the Commission had already decided in August 2016 on the compatibility of the Bulgarian renewable energy support scheme with EU State aid rules.

Digital Mergers Workshop (22/12/2022)

Protecting competition in technology markets, and innovation competition in particular, is crucial to today’s society. On December 13th, the Commission hosted a workshop on Digital Mergers which was attended by representatives of academia, the legal and business community, as well as the US Federal Trade Commission, the Dutch Authority for Consumers and Markets and DG Competition.
The event's recording is available on the workshop's website.

EU competition rules on technology transfer agreements – evaluation (25/11/2022)

The purpose of this initiative is to evaluate how the Technology Transfer Block Exemption Regulation, due to expire on 30 April 2026, and related guidelines are working in practice, to help decide whether the Commission should: (i) let the Regulation expire; (ii) prolong the duration of the Regulation, or (iii) prepare a revised Regulation and related guidelines.

Digital Markets Act - implementing provisions (09/12/2022)

The Digital Markets Act (DMA) empowers the Commission to adopt implementing acts laying down detailed arrangements on issues identified in Article 46 of the DMA.
The Commission intends to adopt an implementing regulation laying down rules concerning procedural aspects in relation to certain practical arrangements envisaged under Article 46.
This draft act is open for feedback for 4 weeks.

Competition merger brief. Issue 2/2022 (22/12/2022)

Includes comments on the following cases: LSEG/Refinitiv; Novelis/Aleris; Hyundai/Daewoo; as well as Derichebourg/Ecore.

Commission adopts new rules for agriculture, forestry and fishery and aquaculture sectors (14/12/2022)

The European Commission has adopted today revised State aid rules for the agricultural, forestry and fishery and aquaculture sectors. The revised rules align State aid with the EU strategic priorities, in particular the Common Agricultural Policy (CAP), the Common Fisheries Policy (CFP), as well as to the European Green Deal. 

Commission approves €1.2 billion Czech scheme to promote green district heating (16/12/2022)

The European Commission has approved, under EU State aid rules, a €1.2 billion Czech scheme to promote green and more efficient district heating mainly based on renewable energy The measure will contribute to the implementation of Czechia‘s National Energy and Climate Plan and to the EU's strategic objectives relating to the EU Green Deal, in particular the EU's 2050 climate neutrality target.

Commission approves €1 billion Dutch scheme to support small energy users in the context of Russia's war against Ukraine (16/12/2022)

The European Commission has approved a €1 billion Dutch scheme to support small energy users 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 and amended on 20 July 2022 and on 28 October 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.

Commission approves €1.8 billion German scheme to roll out high power charging infrastructure for electric vehicles (14/12/2022)

The European Commission has approved, under EU State aid rules, a €1.8 billion German scheme to support the roll out of high power charging (‘HPC') infrastructure for electric vehicles. The measure contributes to the achievement of the objectives of the Commission's European Green Deal and ‘Fit for 55' package.

Commission approves €1.2 billion Irish scheme to support companies in the context of Russia's war against Ukraine (12/12/2022)

The European Commission has approved a €1.2 billion Irish scheme to support companies 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 and amended on 20 July 2022 and on 28 October 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

Commission adopts revised State aid rules for broadband networks (12/12/2022)

The European Commission has adopted a revised Communication on State aid for broadband networks (‘Broadband Guidelines'). The revised Broadband Guidelines set out the rules under which the Commission will assess State aid measures notified by Member States to support the deployment and take-up of broadband networks in the EU. The new rules contribute to the EU's strategic objectives of ensuring gigabit connectivity for everyone and 5G coverage everywhere by the end of the decade, which is essential to achieve the digital transition of the Union. The new Guidelines will enter into force the day following their publication in the Official Journal of the European Union, which is expected in January 2023.

Caxamar (15/12/2022)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union. In its judgment, the Court clarified the scope of application of the Guidelines on regional State aid for 2014-2020 and of the provisions of Regulation (EU) No 651/2014 related to the fisheries and aquaculture sector.
In particular, the Court clarified that an activity of processing of fishery and aquaculture products, such as the production of salted, frozen and desalted cod, does not fall within the scope of application of the above mentioned Guidelines and Regulation.

Veejaam and Espo (15/12/2022)

The Commission takes note of today's preliminary ruling by the Court of Justice clarifying that the Commission may decide that the incentive effect requirement of the Guidelines on State aid for environmental protection and energy 2014-2020 is fulfilled in cases where support is granted as of the date of start of production, even if the application was submitted after works had started on the project concerned, provided that other factors show that the aid scheme nevertheless induces the intended change in the beneficiaries’ behaviour.
Today’s ruling is in line with the Commission’s decision of October 2014 approving the Estonian Renewable Energy support scheme under EU State aid rules.
The Commission will carefully study the judgment.

Autoridad Portuaria de Bilbao (14/12/2022)

The Commission takes note of today's judgement of the General Court, which fully upheld two 2019 Commission State aid decisions.
In its decision of 8 January 2019, the Commission took the view that the Spanish tax regime provided ports with a selective advantage in breach of EU State aid rules. The Commission had therefore recommended Spain to align its taxation of ports with State aid rules. On 15 November 2019, the Commission decided to accept amendments by Spain to its corporate income tax legislation, allowing the Commission to close the State aid procedure.

Europe’s competitiveness in the green transition (15/12/2022)

Blogpost by Executive Vice-President Vestager,
15 December 2022.
[...] "State aid is a powerful solution to the current challenges, but you can’t build competitiveness out of subsidies. Only a seamless, strong and well-functioning single market can provide for sustainable, long-term growth. So all our efforts should be put to lift-up the remaining barriers to the single market." [...]

Merger Enforcement in Digital and Tech Markets: an Overview of the European Commission’s Practice (15/12/2022)

This Policy Brief provides a structured analysis of the Commission’s practice. In a forward-looking effort, this Brief also discusses the potential impact of horizontal mergers on innovation competition and long-term entry deterrence risks, notably in the context of ecosystems-related effects. Finally, this Brief examines the application of the Commission’s remedies policy to digital and tech mergers.

Evaluation of the Guarantee Notice – Expert consultation (29/08/2022)

The aim of the expert consultation is to gather evidence for evaluating the Guarantee Notice since its last revision in 2008, in the light of significant changes in market conditions, and the resulting risk that certain applications of the Notice by EU countries are not aligned with current market benchmarks. In this way, the expert consultation will gather evidence and views on the effectiveness, efficiency, relevance, coherence and EU added value of the Guarantee Notice. This input will help the Commission to analyse the extent to which the Commission’s Guarantee Notice has facilitated access to finance in an effective and efficient way, especially for SMEs.

Commission extends duration of R&D and specialisation block exemption regulations (08/12/2022)

The European Commission has adopted today two regulations extending the period of validity of the horizontal block exemption regulations on Research & Development and Specialisation Agreements (together ‘HBERs'). The HBERs were due to expire on 31 December 2022 and the Commission has prolonged them until 30 June 2023.
For more information on the review process, click here.

Commission approves €26.3 million Finnish measure to support SEVO in construction of hydroelectric pump storage (05/12/2022)

The European Commission has approved, under EU State aid rules, a €26.3 million Finnish aid measure to support Suomen Energiavarasto Oy (‘SEVO') in the construction of an underground hydroelectric pump storage facility. The measure will increase the share of renewables in Finland's electricity generation in line with the EU's European Green Deal objectives. At the same time, it will help reduce dependence on Russian fossil fuels and fast forward the green transition in line with the REPowerEU Plan.

The Commission adopts a Statement of Objections outlining measures to unwind Illumina's blocked acquisition of GRAIL (05/12/2022)

The European Commission has sent a Statement of Objections to Illumina and GRAIL informing them of the restorative measures it intends to adopt under the EU Merger Regulation, following the Commission's decision to prohibit the implemented acquisition of GRAIL by Illumina.
See also the EC's infographic on the Procedures in Illumina/GRAIL.

Commission sends Statement of Objections to Deutsche Bank and Rabobank over Euro-denominated bonds trading cartel case (06/12/2022)

The European Commission has informed Deutsche Bank and Rabobank of its preliminary view that they breached EU antitrust rules by colluding to distort competition when trading Euro-denominated Sovereign, SSA (Supra-Sovereign, Foreign Sovereign, Sub-Sovereign/Agency), Covered and Government Guaranteed bonds.

CCPL and Others v Commission (07/12/2022)

The Commission takes note of today’s judgment by the General Court in the case CCPL Sc and Others v Commission.
The General Court fully upholds the Commission’s decision of 17 December 2020, re-adopting a cartel decision against CCPL and imposing fines on three entities of CCPL Group for their participation in three separate cartels in the retail food packaging sector.
In today’s judgment, the General Court also upholds in full the Commission’s decision rejecting the CCPL’s request for inability to pay the fine under the Commission’s Guidelines on fines.

Workshop on Mergers in the Digital Sector (13/12/2022)

The European Commission has the pleasure to invite you to the workshop on digital mergers that will take place on Tuesday 13 December 2022 in Brussels, from 13:00 to 19:00.
Full agenda and registration are available in DG COMP's website.

Study on State aid for access to finance for social enterprises and for the recruitment of disadvantaged workers in the form of wage subsidies (22/11/2022)

The EU Social Economy Action Plan (SEAP), adopted in December 2021, entails several Commission commitments regarding State aid control. In the legislative field, it spells out that the Commission, when the revision of the General Block Exemption Regulation (GBER) will take place, will consider whether the available evidence “justifies easing the rules in relation to aid for social enterprises’ access to finance and as regards aid for hiring disadvantaged and severely disadvantaged workers”. The General Block Exemption Regulation exempts specific categories of State aid from prior notification to, and approval by the Commission, if they fulfil certain conditions.
Please note: this is not a call for tenders but a publication announcing the Contracting authority’s intention to publish a future negotiated low or middle value procedure.

Commission approves €13.5 billion French scheme to compensate energy-intensive companies for indirect emission costs (01/12/2022)

The European Commission has approved, under EU State aid rules, a French scheme to partially compensate energy-intensive companies for higher electricity prices resulting from indirect emission costs under the EU Emission Trading System.

Commission approves €1 billion French scheme to support companies in the context of Russia's war against Ukraine (01/12/2022)

The European Commission has approved a €1 billion French scheme to support companies 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 and amended on 20 July 2022 and on 28 October 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

Commission publishes results of evaluation of State aid rules on services of general economic interest applicable to health and social services and to small aid amounts (01/12/2022)

The European Commission has published a Staff Working Document summarising the results of the evaluation of the EU State aid rules for services of general economic interest (‘SGEI') applicable to health and social services, and to small amounts of aid. The evaluation concludes that, overall, the existing rules are fit for purpose. However, some adjustments may be needed to clarify and further simplify the existing rules to reduce red tape.

Commission opens in-depth investigation into Lithuanian measure to compensate Litgas for operation of LNG terminal (01/12/2022)

The European Commission has opened an in-depth investigation to assess whether the compensation granted by Lithuania to Litgas UAB (‘Litgas') for supplying a mandatory quantity of liquefied natural gas (‘LNG') to the LNG terminal in Klaipėda between 2016 and 2018 is in line with EU State aid rules. The in-depth investigation follows the General Court's partial annulment of a previous Commission decision approving the compensation to Litgas for the period in question.

Commission approves €600 million Slovak scheme to support companies facing increased energy costs in context of Russia's war against Ukraine (30/11/2022)

The European Commission has approved a €600 million Slovak 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 Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 2022, based on based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

Commission approves €557 million German support to compensate Deutsche Bahn for damages suffered by its subsidiary DB Fernverkehr due to the coronavirus pandemic (28/11/2022)

The European Commission has found a €557 million German support measure in favour of Deutsche Bahn to be in line with EU State aid rules. The measure, which will take the form of an equity injection, aims at compensating Deutsche Bahn for the damage suffered by its subsidiary DB Fernverkehr between 1 November 2020 and 16 May 2021 due to the coronavirus pandemic and the restrictive measures in place.

Commission opens in-depth investigation into the proposed acquisition of Lagardère by Vivendi (30/11/2022)

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition of Lagardère by Vivendi. The Commission is concerned that the proposed acquisition may reduce competition on a number of markets across the entire book value chain in French-speaking countries of the European Economic Area and in a segment of magazine publishing in France.

Statement by Executive Vice-President Vestager on the decision by Kronospan and Pfleiderer to abandon their deal (30/11/2022)

The European Commission takes note of Kronospan's and Pfleiderer's decision to terminate their agreement according to which Kronospan intended to acquire sole control over Pfleiderer Polska, the Polish subsidiary of the Pfleiderer Group.

Commission clears ALD's acquisition of LeasePlan, subject to conditions (25/11/2022)

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

Commission fines styrene purchasers €157 million in cartel settlement (29/11/2022)

The European Commission has fined Sunpor, Synbra, Synthomer, Synthos and Trinseo a total of €157 million for participating in a cartel concerning purchases on the styrene monomer merchant market. INEOS 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.

Austria v Commission (30/11/2022)

The Commission takes note of today's judgement of the General Court, which fully upheld a 2017 Commission’s State aid decision. In its decision, the Commission found that support granted for the construction of two nuclear reactors in PAKS (Hungary) amounted to aid compatible with the internal market, subject to conditions.
In its judgment, the General Court confirmed that, when assessing the compatibility of an aid measure with the internal market, the Commission is not required to adopt a definitive position on the existence or absence of an infringement of provisions of EU law distinct from those relating to State aid, provided there is no inextricable link with the object of the aid.
In addition, the General Court clarified that the Member States are free to determine the composition of their own energy mix and to invest in nuclear energy.
See also the Court's press release (in PDF format).

Competition in the wider policy context (01/12/2022)

Remarks by Executive Vice-President Vestager,
OECD 21st meeting of the Global Forum on Competition,
1 December 2022.
[...] "That is the very essence of policy complementarity - for the DMA, for the Foreign Subsidies regulation, and for tax fairness. And when the limits of one tool are reached, we learn from this and develop new tools. This is how we evolve and stay relevant in a dynamic environment.
But for us, the core philosophy must never change: Our mission is to protect competition. It's as simple as that."

Commission approves €1.22 billion Irish scheme to support companies in context of Russia's war against Ukraine (24/11/2022)

The European Commission has approved a €1.22 billion Irish scheme to support companies across sectors 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 and amended on 20 July 2022 and on 28 October 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.

Commission approves €7.75 million Cypriot scheme to support some agricultural producers in the context of Russia's war against Ukraine (23/11/2022)

The European Commission has approved a €7.75 million Cypriot scheme to support some agricultural 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 and amended on 20 July 2022 and on 28 October 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

Commission approves amendments to German schemes, including up to €45 billion budget increase, to support companies in context of Russia's war against Ukraine (22/11/2022)

The European Commission has approved the amendments to existing German umbrella schemes, including their prolongation and an up to €45 billion overall budget increase, to support companies in the context of Russia's war against Ukraine. The amendments were approved under the State Aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

Commission approves €1.1 billion Austrian scheme to support companies facing increased energy costs in context of Russia's war against Ukraine (18/11/2022)

The European Commission has approved a €1.1 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 Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 2022 and on 28 October 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

Westfälische Drahtindustrie and Others v Commission (23/11/2022)

The Commission takes note of the General Court’s judgment in the WDI and Others v Commission case.
By dismissing WDI’s appeal in its entirety, the General Court confirms that the Courts’ jurisdiction in respect to competition fines is limited to the fine originally imposed by the Commission, so that no autonomous fining prerogatives can be exercised by the Courts without a Commission fining decision being contested for review.

Commission approves €300 million Latvian measure to further capitalise development finance institution Altum (18/11/2022)

The European Commission has approved, under EU State aid rules, a €300 million Latvian measure to further capitalise the country's Development Finance Institution Altum (‘Altum'). In today's decision, the Commission has also approved Altum's enlarged remit. Altum's main objective is to promote the growth of the Latvian economy by improving access to finance mostly for small and medium-sized enterprises (‘SMEs').

Commission approves €500 million Romanian scheme to support companies in the context of Russia's war against Ukraine (17/11/2022)

The European Commission has approved an approximately €500 million (RON 2,500 million) Romanian scheme to support companies across sectors 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 and amended on 20 July 2022 and on 28 October 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.

Commission approves €1.23 billion Czech scheme to support the economy in the context of Russia's war against Ukraine (15/11/2022)

The European Commission has approved a €1.23 billion scheme to support the Czech economy 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 and amended on 20 July 2022 and on 28 October 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

Commission approves €225.6 million German measure to support energy company SEFE GmbH (12/11/2022)

The European Commission has approved a €225.6 million German aid measure to support SEFE Securing Energy for Europe GmbH, previously Gazprom Germania GmbH, currently placed under the trusteeship of Germany. The measure will allow the German State to take the 100% ownership of SEFE GmbH replacing Gazprom Export LCC, in order to safeguard the security of gas supply to the German economy.

Commission opens in-depth investigation into the proposed acquisition of eTraveli by Booking (16/11/2022)

The European Commission has opened an in-depth investigation to assess, under the EU Merger Regulation, the proposed acquisition by Booking Holdings (‘Booking') of Flugo Group Holdings AB, that operates under the trading name ‘eTraveli'. The Commission is concerned that the proposed acquisition would allow Booking to strengthen its position on the market for accommodation online travel agencies (OTAs).

Volotea v Commission & EasyJet Airline v Commission (17/11/2022)

The Commission takes notes of today's judgments of the Court of Justice of the European Union, which sets aside the General Court’s judgment of 2020 and annuls a Commission decision of 2016, to the extent that it concerns Volotea and easyJet. In its decision, the Commission found that public support granted by Italy's Sardinia Region gave selected airlines at Cagliari and Olbia airports an unfair advantage, in breach of EU State aid rules, and ordered the recovery of the aid. The Commission will carefully study the judgments and reflect on possible next steps.

More on C-331/20 P
More on C-343/20 P

Irish Wind Farmers' Association and Others v Commission (17/11/2022)

The Commission takes note of the judgment of the Court of Justice of the European Union. In its judgment, the Court dismissed Irish Wind Farmers' Association’s appeal against a 2021 judgment of the General Court upholding a 2019 Commission State aid decision. In its decision, the Commission found that support granted to fossil fuel electricity producers in Ireland in the form of reduced business tax rates did not entail a selective advantage and thus did not amount to State aid. In its judgment, the Court dismissed the appeal brought against the General Court’s judgment and confirmed that the applicants failed to show that the Commission should have opened a formal investigation procedure in the absence of serious difficulties in its assessment of the contested measure.

Netherlands v Commission (16/11/2022)

The Commission takes note of today’s judgment of the General Court annulling a 2020 Commission State aid decision. In its decision, the Commission found the compensation granted by the Netherlands to Vattenfall for the early closure of the coal-fired power plant Hemweg to be compatible with the internal market. The Commission will carefully assess the judgment and reflect on possible next steps.

State aid rules for assessing State guarantees on loans – evaluation (29/08/2022)

The Guarantee Notice describes how the Commission assesses State guarantees on loans to businesses and was last reviewed in 2008. The Commission will now evaluate how the Guarantee Notice has functioned over time. The evaluation will focus on the effectiveness, efficiency, relevance, coherence and EU added-value of the Notice. To gather evidence, the Commission plans a public consultation, targeted consultations and a study.

Commission seeks feedback on draft revised Market Definition Notice (08/11/2022)

The European Commission has launched today a public consultation inviting all interested parties to comment on the draft revised Market Definition Notice. Market definition is an important first step in the assessment of mergers and of most antitrust cases. It serves to define the boundaries of competition between companies. The Market Definition Notice is being revised for the first time since its adoption in 1997, taking into account the significant developments of the intervening years, in particular digitalisation and new ways of offering goods and services, and to reflect the interconnected and globalised nature of commercial exchanges.

Commission approves €500 million Italian scheme to improve environmental performance of vessels (11/11/2022)

The European Commission has approved, under EU State aid rules, a €500 million Italian scheme to help companies in the maritime transport sector to acquire clean and zero-emission vessels, as well as to retrofit more polluting vessels. The measure contributes to the achievement of the objectives of the Commission's European Green Deal and ‘Fit for 55' package.

Commission approves €180 million Czech scheme to support rail and urban transport operators using electric traction (10/11/2022)

The European Commission has approved, under EU State aid rules, a €180 million Czech scheme to support rail and urban public transport operators using electric traction. The measure will contribute to improving the environmental performance of rail and urban transport, in line with the objectives of the Commission's Sustainable and Smart Mobility Strategy and the European Green Deal.

Commission approves €16.8 billion Danish guarantee scheme to support energy companies in the context of Russia's war against Ukraine (04/11/2022)

The European Commission has approved a €16.8 billion (DKK 125 billion) Danish guarantee scheme to support companies 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, and amended on 20 July 2022 and on 28 October 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

Commission approves €1.34 billion Danish scheme to support energy intensive companies in the context of Russia's war against Ukraine (04/11/2022)

The European Commission has approved a €1.34 billion (DKK 10 billion) Danish scheme to support energy intensive companies 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 and amended on 20 July 2022 and on 28 October 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.

Commission opens in-depth investigation into the proposed acquisition of Activision Blizzard by Microsoft (08/11/2022)

The European Commission has opened an in-depth investigation to assess the proposed acquisition of Activision Blizzard by Microsoft under the EU Merger Regulation. The Commission is concerned that the proposed acquisition may reduce competition in the markets for the distribution of console and personal computers (‘PCs') video games and for PC operating systems.

ITD and Danske Fragtmænd v Commission (10/11/2022)

The Commission takes note of today’s judgment by the Court of Justice of the European Union, which upholds the General Court’s judgment in case T-561/18, thereby confirming the relevant parts of the Commission’s decision of 28 May 2018. In its decision, the Commission approved several measures in favour of Post Danmark, of which three were appealed to the Court of Justice, including the compensation granted by Denmark to Post Danmark to deliver the universal service during the period 2017-2019.
In its judgment, the Court of Justice fully upheld the General Court’s findings confirming the Commission’s assessment with the respect to the three measures part of the appeal. In particular, it confirmed that (i) the Universal Service Obligation (‘USO’) compensation granted to Post Danmark is compatible aid; (ii) the State guarantee for redundancy payments of former civil servants in case of Post Danmark’s bankruptcy constitutes existing aid as it was granted in 2002 and does not confer a competitive advantage to Post Danmark; and (iii) the General Court’s interpretation of the cost allocation rules applicable to Post Danmark was correct, in that there was no evidence pointing to misallocation between Post Danmark’s USO account and non-USO account, and that there was therefore no State aid involved.

PACCAR and Others (10/11/2022)

In Case C-163/21, referred by a Commercial Court in Barcelona, the Court ruled that, in the light of primary objective pursued by the Damages Directive 2014/104, evidence which may be requested to be produced cannot be limited to pre-existing documents in the possession of the defendant or a third party. However, the Court added that the production of such evidence should be restricted to what is relevant, proportionate and proportionate to the interests at stake.
See also Curia's press release (in PDF format).

Zenith Media Communications (10/11/2022)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union.
In its judgment, the Court provided guidance on the interpretation of Article 4(3) TEU and Article 101 TFEU and on the method of calculation of the fine to be imposed by a national competition authority on an undertaking for an infringement of Article 101 TFEU.
We will carefully study the judgment.

Commission v Valencia Club de Fútbol (10/11/2022)

The Commission takes note of today’s judgment of the Court of Justice confirming the General’s Court judgment of March 2020, which had annulled a Commission’s decision on 2016 finding that Spain had granted incompatible aid to Valencia CF in the form of a State guarantee.
The Commission will carefully study the judgment and reflect on possible next steps.
See also Curia's press release (in PDF format).

Ryanair v Commission (Croatia Airlines; Covid-19) (09/11/2022)

The Commission takes note of today’s judgment by the General Court upholding the Commission decision of 30 November 2021. In its decision, the Commission approved an €11.7 million Croatian grant to compensate Croatia Airlines for damage caused in the context of the coronavirus pandemic by the travel restrictions and containment measures introduced by Croatia and other destination countries in the period between 19 March 2020 and 30 June 2020.
In its judgment, the General Court fully upheld the Commission’s assessment. It found that the Commission had correctly calculated the damage suffered by Croatia Airlines in the relevant period and correctly assessed proportionality of the aid. In particular, the Court held that the Commission was entitled to take operational revenues and costs recorded during the relevant period as the reference value for the calculation of the damage suffered by Croatia Airlines.

Ferriere Nord v Commission (09/11/2022)

The Commission takes note of the judgments by the General Court dismissing the actions brought by Alfa Acciai SpA, Feralpi Holding SpA, Ferriere Nord SpA, Valsabbia Investimenti SpA and Ferriera Valsabbia SpA for the annulment of the Commission decision of 4 July 2019 which found a cartel in the Italian market of steel reinforcing bars for concrete, in breach of Article 65 of the ECSC Treaty.
In its judgments today, the General Court fully upheld the Commission’s assessment and decision.

Fiat Chrysler Finance Europe v Commission (08/11/2022)

The Commission takes note of today's judgment of the Court of Justice of the European Union, which sets aside the General Court’s judgment and annuls the Commission’s Decision of 21 October 2015, finding that Luxembourg granted selective tax advantages to Fiat’s financing company, in breach of EU State aid rules.
As the Executive Vice-President Margrethe Vestager, responsible for competition policy, said today:

• Even if the Commission’s decision was annulled, the judgment gives important guidance on the application of EU State aid rules in the area of taxation. The Court confirmed that action by Member States in areas that are not subject to harmonization by EU law is not excluded from the scope of the Treaty provisions on the monitoring of State aid.
• The Commission is committed to continue using all the tools at its disposal to ensure that fair competition is not distorted in the Single Market through the grant by Member States of illegal tax breaks to multinational companies.
• The Commission’s work, both on enforcement of State aid rules and on the wider taxation agenda, is yielding results beyond individual State aid decisions. Some Member States have amended their tax legislation. Many Member States have incorporated OECD rules and introduced ruling practices to address loopholes and ensure more tax fairness. We have made a lot of progress already at national, European and global levels, and we need to keep working together to succeed. This includes continuing to look at aggressive tax planning measures of Member States under EU State aid rules, in light of the most recent case law of the Court.

Customer savings generated by the Commission’s antitrust and merger enforcement: a 10-year perspective (11/11/2022)

It is possible to use a relatively simple methodology relying on previous work from the OECD to estimate the direct customer savings generated by the Commission’s antitrust and merger enforcement.
[...] Impressive as these numbers may be, they only reflect the “tip of the iceberg” in terms of positive effects of competition enforcement for society. Indeed, competition enforcement also generates (i) indirect deterrence effects and (ii)positive non-price effects on innovation, quality, and productivity which are likely to be significantly larger, but also more difficult to calculate.

EU Competition rules – specialisation agreements (extending the validity) (14/10/2022)

The purpose of this initiative is to extend the period of validity of the block exemption rules for specialisation agreements. This will give sufficient time to revise the rules and avoid any regulatory gaps or legal uncertainty.

EU competition rules – research and development agreements (extending the validity) (14/10/2022)

The purpose of this initiative is to extend the period of validity of the block exemption rules for research and development agreements. This will give sufficient time to revise the rules and avoid any regulatory gaps or legal uncertainty.

Digital Markets Act: rules for digital gatekeepers to ensure open markets enter into force (31/10/2022)

On November 1st, the EU Digital Markets Act (DMA) will enter into force. The new Regulation will put an end to unfair practices by companies that act as gatekeepers in the online platform economy. It was proposed by the Commission in December 2020 and agreed by the European Parliament and the Council in record-time, in March 2022.

Commission approves SalMar's acquisition of NTS, subject to conditions (31/10/2022)

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

Commission approves €3.4 billion Danish scheme to support energy intensive companies in the context of Russia's war against Ukraine (31/10/2022)

The European Commission has approved a €3.4 billion (DKK 25.2 billion) Danish subsidised loan scheme to support companies 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, and amended on 20 July 2022 and on 28 October 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, recognising that the EU economy is experiencing a serious disturbance.