"Competition weekly e-news" Newsletter Issues

Eurobarometer surveys show strong support among EU citizens and SMEs for competition policy (25/10/2022)

Today, the European Commission has published the 2022 Eurobarometer surveys dedicated to EU competition policy. The surveys show strong support among citizens and Small and Medium Enterprises (‘SMEs') for both competition policy and its enforcement.

Commission approves €1.5 billion Belgian scheme to support energy suppliers in the context of Russia's war against Ukraine (28/10/2022)

The European Commission has approved a €1.5 billion Belgian guarantee scheme to support gas and electricity suppliers 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, 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 Hungarian support for new auto parts plant in Észak Magyarország (27/10/2022)

The European Commission has opened an in-depth investigation to assess whether public support that Hungary plans to grant for the construction of a new automotive components plant in Észak Magyarország is in line with EU State aid rules. The beneficiary of the measure would be Rubin NewCo Kft.

Commission further consults Member States on prolongation and adjustment of Temporary Crisis Framework (26/10/2022)

The European Commission is further consulting Member States on a prolongation and adjustment of the State aid Temporary Crisis Framework to support the economy in the context of Russia's war against Ukraine, adopted by the Commission on 23 March 2022 and first amended on 20 July 2022. This follows a first consultation of Member States launched on 5 October 2022.

Commission approves €1.25 billion Hungarian scheme to support companies in context of Russia's war against Ukraine (26/10/2022)

The European Commission has approved a €1.25 billion Hungarian loan and guarantee scheme to support small and medium enterprises and large 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, 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 Philip Morris International's acquisition of Swedish Match, subject to conditions (25/10/2022)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Swedish Match by Philip Morris International. The approval is conditional on full compliance with commitments offered by Philip Morris International.

Commission provides guidance on its leniency policy and practice (25/10/2022)

The European Commission has published guidance that aims to facilitate leniency applications by providing further transparency, predictability and accessibility to potential leniency applicants.

Making Markets Work for People (27/10/2022)

Keynote by Executive Vice-President Vestager,
Making Markets Work for People conference, Brussels,
27 October 2022.
[...] "competition policy and regulation have a common role to play in keeping digital markets open and fair. Digital markets have special features, as we have learned over the last years. It has to do with the scale and the role played by data. These markets can still work for people, but for that to happen, we need to ensure they remain fair and contestable. So, we continue with our competition lave enforcement on a case-by-case basis and also supplement it with new regulation." [...]

A Principles-Based approach to Competition Policy (25/10/2022)

Keynote by Executive Vice-President Vestager,
European Competition Law Tuesdays, Brussels,
25 October 2022.
[...] "in our interactions with global stakeholders, it is not the ‘EU's way of doing things' that we are seeking to defend and promote. Rather, it is the principles which underpin fair and effective competition, which protect the well-being of consumers and which lead to growth and innovation."

DB Station & Service (27/10/2022)

The Commission takes note of the preliminary ruling of the Court of Justice clarifying the power of civil courts to review user charges for railway infrastructure based on the criteria laid down in Article 102 TFEU and in national competition law. The Commission will carefully study the judgment.

Siremar v Commission (26/10/2022)

The European Commission takes note of the judgment of the General Court upholding a 2021 State aid decision.
In the decision, the Commission concluded that the public service compensation granted since 2009 to Siremar and later to its acquirer Società di Navigazione Siciliana for the operation of ferry services in Italy is in line with EU State aid rules. However, it found that the illegal prolongation of the rescue aid to Siremar and the exemptions from certain taxes in the context of Siremar’s privatisation are incompatible with the internal market.
In its judgment, the General Court fully upheld the Commission’s assessment. It also found that the duration of the Commission’s in-depth investigation does not have an impact on the applicant’s obligation to repay the incompatible aid received.

Making Markets Work for People: the conference (28/10/2022)

On 27 October, 2022, Executive Vice-President Margrethe Vestager hosted Making Markets Work for People, a conference that reviewed and debated the impact of competition policy on people’s lives.
In case you missed it, you can watch the complete video of the recorded sessions.

Commission adopts revised State aid Framework for research, development and innovation (19/10/2022)

The European Commission has adopted a revised Communication on State aid rules for research, development and innovation, which sets out the rules under which Member States can grant State aid to companies for RDI activities, while ensuring a level playing field. The 2022 RDI Framework, which contributes to the EU's strategic objectives relating to the green and digital transitions, has entered into force today.

Commission approves €10 billion Polish scheme to compensate energy-intensive companies for indirect emission costs (17/10/2022)

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

Commission approves €500 million Spanish scheme under the Recovery and Resilience Facility to support roll out of broadband backhaul networks in rural areas (17/10/2022)

The European Commission has approved, under EU State aid rules, a €500 million Spanish scheme made available through the Recovery and Resilience Facility to support the deployment of broadband backhaul infrastructure in rural areas. The measure is part of Spain's strategy to address the needs of citizens and business in the context of the digitalisation of the country. The scheme also contributes to the EU's strategic objectives relating to the digital transition.

Commission approves KPS acquisition of Real Alloy Europe, subject to conditions (19/10/2022)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Evergreen Holding Germany GmbH and Real Alloy UK Holdco Ltd by KPS Special Situations Fund V, a fund managed by KPS Capital Partners, LP through its subsidiary Speira BidCo I GmbH. The approval is conditional on full compliance with commitments offered by KPS.

Competition: the Rules of the Game (13/10/2022)

Remarks by Executive Vice-President Vestager,
the Schwarzkopf Foundation,
13 October 2022.
[...] "for competition to be fair, the playing field must be level. Our competition rules are there to make sure that happens - in other words, to make sure that what determines the winners and losers is how well they play the game, and nothing else." [...]

Greece v Commission (19/10/2022)

The Commission takes note of the judgments of the General Court. In its judgments, the General Court fully upheld a 2019 State aid decision whereby the Commission found that aid granted by Greece to undertakings operating in certain Prefectures following the large forest fires of 2007 amounted to unlawful and incompatible aid and ordered recovery.
In addition, the General Court confirmed that aid to make good the damage caused by a natural disaster or exceptional circumstances under Article 107(2)(b) TFEU can be granted only to those undertakings damaged by the event and that the compensation must be subject to a number of conditions and requirements.
See also judgment in Sogia Ellas v Commission (T-347/20).

Ighoga Region 10 and Others v Commission (19/10/2022)

The Commission takes note of today’s judgment of the General Court dismissing the action for annulment brought against a Commission Decision of 28 April 2020. In its decision, the Commission had rejected a complaint alleging State aid in favour of Maritim Group as an operator of a congress centre and of a hotel in Ingolstadt.
In its judgment, the General Court fully upheld the Commission’s finding that no direct or indirect advantage was conferred onto Maritim Group and that the measures challenged in the complaint do therefore not constitute State aid within the meaning of EU law.

Making Markets Work for People (27/10/2022)

Registration is open for Making Markets Work for People. EVP Vestager is inviting top political and business leaders, academics and civil-society representatives to debate the social dimension of competition policy and explore what it can do for ordinary people, especially in this growing cost-of-living crisis.
The conference will take place at The EGG Brussels and online on 27 October, 2022.

Looking back at the State aid COVID Temporary Framework: the take-up of measures in the EU (21/10/2022)

At the end of 2021, Member States granted around €940 billion to companies in the context of the COVID-19 crisis, representing about 3.39% of total EU27 GDP on an annual basis.
[...] In 2020, Member States’ expenditure for non-crisis objectives has remained within the ranges existing pre-pandemic, thus showing that COVID aid was successfully channelled and did not crowd out public financing of important projects that support EU objectives.

Second EU-US Joint Technology Competition Policy Dialogue consolidates international cooperation on competition policy and enforcement in technology sector (13/10/2022)

Today, European Commission Executive Vice-President Margrethe Vestager, US Federal Trade Commission Chair Lina Khan and the Assistant Attorney General for Antitrust of the US Department of Justice Jonathan Kanter met in Brussels for the second meeting of the EU-US Joint Technology Competition Policy Dialogue (‘TCPD').

Commission approves €220 million Spanish measure to support COBRA in production of renewable hydrogen (13/10/2022)

The European Commission has approved, under EU State aid rules, a €220 million Spanish measure to support Cobra Instalaciones y Servicios, S.A. in the production of renewable hydrogen, with the aim of promoting its use in industrials sectors. The measure contributes to the achievement of the EU Hydrogen Strategy and the European Green Deal targets, while helping reduce dependence on Russian fossil fuels and fast forward the green transition in line with the REPowerEU Plan.

Commission approves €10 million Slovak scheme to support food producers in context of Russia's war against Ukraine (12/10/2022)

The European Commission has approved a €10 million Slovak scheme to support agricultural product processors and the food production sector 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, 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 €150 million Finnish strategic reserve to support security of electricity supply (11/10/2022)

The European Commission has approved, under EU State aid rules, a €150 million Finnish capacity mechanism to safeguard security of electricity supply in Finland. The measure will also help reducing CO₂ emissions in the electricity sector, in line with the EU Green Deal, and it will contribute to the objectives of the REPowerEU Plan to reduce dependence on Russian fossil fuels.

Commission approves €1.1 billion Slovakian aid schemes partially funded under Recovery and Resilience Facility to help industry decarbonise production processes and become less energy-intensive (10/10/2022)

The European Commission has approved, under EU State aid rules, two Slovak schemes with a total budget of over €1.1 billion to help companies subject to the EU Emission Trading System decarbonise their production processes and improve their energy efficiency. The schemes will be made available in part through the Recovery and Resilience Facility and in part through the EU Modernisation Fund. The measure contributes to the achievement of the European Green Deal targets, while helping reduce dependence on imported Russian fossil fuels and fast-forward the green transition, in line with the REPowerEU Plan.

Commission approves Celanese's acquisition of DuPont's Mobility and Materials Business, subject to conditions (11/10/2022)

The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of DuPont's Mobility and Materials Business by Celanese. The approval is conditional on full compliance with commitments offered by Celanese.

Commission sends Statement of Objections to Teva over misuse of the patent system and disparagement of rival multiple sclerosis medicine (10/10/2022)

The European Commission has informed Teva of its preliminary view that the company has breached EU antitrust rules by engaging in practices intended to delay competition to its blockbuster medicine, Copaxone. These consisted in artificially extending patent protection of Copaxone and by systematically spreading misleading information about a competing product with a view to hinder its market entry and uptake.

Remarks of EVP Vestager at the Annual Conference of the EU Heads of Delegation (11/10/2022)

Speech by Executive Vice-President Vestager,
Annual Conference of the EU Heads of Delegation, Brussels,
11 October 2022.
[...] "Dear colleagues, in this global technology race, digital has become the new way of speaking about human rights. Take it on board, make it part of your core tasks as diplomats. Do not ignore it because it sounds technical or complicated. We have a duty towards human rights, and that is a matter of the heart. One should not ignore matters of the heart."

Fairness and Competition Policy (10/10/2022)

Speech by Executive Vice-President Vestager,
European Competition day 2022, Prague,
10 October 2022.
[...] "But the sense of common purpose that I feel all around Europe is also present in our work as competition policy enforcers. With ECN+, and with the new application of Article 22 of the Merger Regulation, the Commission and the National Competition Authorities are more a team now than ever before." [...]

The EU Digital Markets Act (11/10/2022)

An explanation of the Digital Markets Act and how it will bring fairer conditions to consumers and businesses for digital services across the EU.

Merger control in the EU – further simplification of procedures (05/10/2022)

The present consultation is a short targeted additional public consultation, in the context of the ongoing review of EU merger control aimed at further simplifying and streamlining of EU merger control procedures, following the consultation on the draft revised Merger Implementing Regulation and Notice on Simplified Procedure that took place in May 2022.

Commission approves €10 billion Finnish scheme to support electricity producers in the context of Russia's war against Ukraine (07/10/2022)

The European Commission has approved a €10 billion Finnish loan guarantee scheme to support energy producers in the context of Russia's war against Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, and amended on 20 July 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 €5 billion Finnish umbrella scheme to support municipal electricity producers and suppliers in the context of Russia's war against Ukraine (07/10/2022)

The European Commission has approved a €5 billion Finnish subsidised loan umbrella scheme to support municipal electricity producers and suppliers 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, 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 consults Member States on proposal to prolong and amend Temporary Crisis Framework (06/10/2022)

The European Commission has sent to Member States for consultation a draft proposal to prolong and adjust the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022 to enable Member States to use the flexibility foreseen under State aid rules to support the economy in the context of Russia's war against Ukraine. The Temporary Crisis Framework was first amended on 20 July 2022, to complement the Winter Preparedness Package and in line with the REPowerEU Plan objectives.
See also Statement by Executive Vice-President Vestager.

Commission approves €292.5 million Italian measure under Recovery and Resilience Facility to support STMicroelectronics in construction of a plant in the semiconductor value chain (05/10/2022)

The European Commission has approved, under EU State aid rules, a €292.5 million Italian measure made available through the Recovery and Resilience Facility to support STMicroelectronics in the construction of a plant in the semiconductor value chain in Catania, Sicily. The measure will strengthen Europe's security of supply, resilience and digital sovereignty in semiconductor technologies, in line with the ambitions set out in the European Chips Act Communication. The measure will also contribute to achieving both the digital and green transition.

Commission approves €1 billion German measure to support Salzgitter decarbonise its steel production by using hydrogen (04/10/2022)

The European Commission has approved, under EU State aid rules, a €1 billion German measure to help Salzgitter Flachstahl GmbH decarbonise its steel production processes by using hydrogen, including renewable hydrogen produced on site, thanks to a new production facility. The measure contributes to the achievement of the EU Hydrogen Strategy and the European Green Deal targets, while helping reduce dependence on imported Russian fossil fuels and fast forward the green transition, in line with the REPowerEU Plan.

Commission approves €800 million Greek scheme to support non-household electricity consumers in context of Russia's war against Ukraine (03/10/2022)

The European Commission has approved a €800 million Greek scheme to support non-household electricity consumers 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, 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 €134 million German measure to support BASF in the production of renewable hydrogen (03/10/2022)

The European Commission has approved, under EU State aid rules, a €134 million German measure to support BASF SE in the production of renewable hydrogen, with the aims of decarbonising its chemical production processes and of promoting hydrogen use in the transport sector. The measure contributes to the achievement of the EU Hydrogen Strategy and the European Green Deal targets, while helping reduce dependence on Russian fossil fuels and fast forward the green transition in line with the REPowerEU Plan.

Commission approves aid to support the resolution of the Polish Getin Noble Bank S.A. (01/10/2022)

The European Commission has approved, under EU State aid rules, several support measures in the context of the resolution of the Polish Getin Noble Bank S.A.

Commission approves €450 million German measure to replace electricity generation amid Russian natural gas shortages (30/09/2022)

The European Commission has approved, under EU State aid rules, a temporary German measure to enable five lignite-fired power plants to be on stand-by and ready to be activated to the extent needed in the event of natural gas shortages. The measure will compensate the operators of the power plants for the costs of getting the plants ready to operate if needed. The measure, under which aid may be provided until 31 March 2024 at the latest, will contribute to safeguarding natural gas availability amidst Russian natural gas shortages in the context of Russia's war against Ukraine.

Commission opens in-depth investigation into Hydro's proposed acquisition of Alumetal (06/10/2022)

The European Commission has opened an in-depth investigation to assess the proposed acquisition of Alumetal by Norsk Hydro under the EU Merger Regulation. The Commission is concerned that the proposed acquisition may reduce competition in the production and supply of aluminium foundry alloys and master alloys in the European Economic Area.

Commission adopts a more flexible antitrust Informal Guidance Notice; withdraws Antitrust COVID Temporary Framework (03/10/2022)

The European Commission has today adopted a revised Informal Guidance Notice that allows businesses to seek informal guidance on the application of EU competition rules to novel or unresolved questions. The revised Informal Guidance Notice provides for more flexible conditions and aims at increasing legal certainty, to the benefit of businesses seeking the guidance when assessing the legality of their actions under EU competition rules. Informal guidance will take the form of “guidance letters”.

Harvesting the fruits of the digital age (30/09/2022)

Speech by Executive Vice-President Vestager,
IBEC Conference, Dublin,
30 September 2022.
[...] "For the DMA, it is also now time to look at enforcement. It is our enforcement action that will bring changes on the ground. We've passed the first hurdle with the adoption of the legislation in record time. That was the easy part. Now expectations are high that Europe delivers the needed changes in how digital platforms operate. As the first global regulator of systemic big tech practices, we will have other jurisdictions watching. And for our enforcement to be a success, we will also rely on third-parties to detect non-compliance with the DMA or assess compliance proposals by gatekeepers." [...]

Exploring Aspects of the State of Competition in the EU (11/08/2022)

Economic study to obtain:

1. factual evidence and economic analysis regarding three aspects of the current state of competition in the EU, namely:(a) price-concentration relationships,(b) the role of so-called global ‘superstar’ firms, and(c) the importance for European ‘export champions’ of effective ‘competition at home’;
2. and(2) an assessment of the importance of competition for the EU economy.

Commission upgrades eLeniency tool to grant companies online access to leniency and settlement documents (30/09/2022)

The European Commission has upgraded its online platform “eLeniency” to ensure that companies who are parties to cartel and antitrust proceedings can easily and securely access documents online. This new version allows for an efficient interaction with the parties, and adapts the tool to today's new working methods.

Commission adopts Guidelines on collective agreements by solo self-employed people (29/09/2022)

The European Commission has adopted today its Guidelines on the application of EU competition law to collective agreements (‘Guidelines') regarding the working conditions of solo self-employed people. The Guidelines clarify when certain self-employed people can get together to negotiate collectively better working conditions without breaching EU competition rules.
See also Questions and answers on the new Guidelines.

Commission approves €700 million Italian scheme to support companies in context of Russia's war against Ukraine (28/09/2022)

The European Commission has approved a €700 million Italian 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, 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 additional German measures to support electricity production from renewable energy sources (27/09/2022)

The European Commission has approved, under EU State aid rules, three additional measures to support electricity production from renewable energy sources in Germany. The additional measures supplement the German Renewable Energy Act (“Erneuerbare Energien Gesetz” – ‘EEG 2021'), and will further contribute to achieving Germany's environmental targets and the EU's strategic objectives relating to the EU Green Deal.

Intelligent policies for crisis and transition (27/09/2022)

Speech by Executive Vice-President Vestager,
BEUC conference on consumer protection in the digital age, Brussels,
27 September 2022.
[...] "in DG Competition. As defenders of free and fair markets, our decisions have a direct impact on our lives, as you know very well. After all, behind these ‘markets' are people - consumers, families, citizens. That is why we have decided to organise a conference on ‘Making Markets Work for People', to take place here in Brussels on 27 October." [...]

Webinar with the European Central Bank (27/09/2022)

EVP Vestager remarks at Webinar with the European Central Bank,
27 September 2022.
[...] " that is why we tabled the Digital Markets Act, that will enter into force in only a few weeks, and that will give us more powers to make sure large digital platforms do not squeeze out small businesses. To ensure a level playing field online and forbid practices like harmful forms of self-preferencing." [...]

Study to support the impact assessment of a possible EU initiative to the application of competition rules to collective bargaining by self-employed (29/09/2022)

The information in this study is intended to help inform the Commission’s Impact Assessment exercise in the context of a possible Commission initiative to improve the working conditions of the potentially vulnerable self-employed. The study draws on a wide range of quantitative and qualitative data sources. It then created a baseline scenario, which was compared to the four different policy options set out in the Commission’s Inception Impact Assessment. For each of the four options, the study estimates impacts on: the number of self-employed potentially affected; pay rates; consumer prices; poverty rates; the state budget; and any wider impacts.
See also the corresponding EC press release, as well as the Questions and answers.

Public consultation on the proposed prolongation of the Motor Vehicle Block Exemption Regulation and the draft amendments to the Supplementary Guidelines (06/07/2022)

On 6 July 2022, the Commission published a draft Regulation prolonging the Motor Vehicle Block Exemption Regulation (“MVBER”) and a draft Communication amending the Supplementary Guidelines for stakeholder comments. Through the consultation, the Commission aims to gather stakeholder feedback on the proposed prolongation of the MVBER and the proposed changes to the Supplementary Guidelines.
See also:

• call for evidence
• EC press release

Evaluation of the Consortia Block Exemption Regulation (09/08/2022)

The Consortia Block Exemption Regulation is due to expire on 25 April 2024. This initiative aims to evaluate how it has functioned since it was last extended in 2020.
See also the corresponding EC press release.

Implications of the Aarhus Convention Compliance Committee findings in case ACCC/C/2015/128 on state aid (13/07/2022)

The aim of the public consultation is to analyse the implications of the Aarhus Convention Compliance Committee findings in case ACCC/C/2015/128 on state aid and assess the options available. The provided feedback will serve as basis for the discussions at the meeting that will take place on September 9th.

EU antitrust procedural rules – evaluation (30/06/2022)

Call for evidence and Public consultation are open to help evaluate the procedures for applying EU antitrust rules following changes to the economic landscape, e.g. digitisation, since Regulation 1/2003 entered into force.

Ex Post Evaluation of the Implementation and Effectiveness of Antitrust Remedies (11/08/2022)

This targeted study on a comparatively small sample of antitrust cases will assess the effectiveness of antitrust remedies, particularly with regard to cases in the digital sphere.

Commission approves up to €5.2 billion of public support by thirteen Member States for the second Important Project of Common European Interest in the hydrogen value chain (21/09/2022)

The Commission has approved, under EU State aid rules, a second Important Project of Common European Interest (‘IPCEI') to support research and innovation, first industrial deployment and construction of relevant infrastructure in the hydrogen value chain.
See also EVP Vestager's Statement.

The road to a better digital future (23/09/2022)

Speech by Executive Vice-President Vestager,
6th Conference of the Technical University of Denmark, Copenhagen,
23 September 2022.
[...] "Now with a new law called the Digital Markets Act we will have even more powers to make sure large digital platforms do not squeeze out small businesses.." [...]

State Aid for the really big challenges (22/09/2022)

Speech by Executive Vice-President Vestager,
EStALI Conference, Brussels,
22 September 2022.
[...] "I know there has been some scepticism about whether or not the current situation represents a policy departure from our traditional State aid practices. I think there is really no cause to panic.." [...]

Antitrust for the digital age (16/09/2022)

Speech by Executive Vice-President Vestager,
Fordham's 49th Annual Conference on International Antitrust Law and Policy, New York City,
16 September 2022.
[...] "Preserving a vibrant, diverse and open digital economy is not a luxury. Preventing a handful of companies from freely controlling how businesses can interact with their customers, or from deciding the rules of the game when it comes to life online is not a luxury.." [...]

Portugal v Commission (Zona Franca da Madeira) (21/09/2022)

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

Commission approves €1.5 billion Romanian scheme to compensate energy-intensive companies for indirect emission costs (12/09/2022)

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

Fossil (Gibraltar) (15/09/2022)

The Commission takes note of the preliminary ruling of the Court Justice and will carefully study it.
In its judgment, the Court of Justice found that a 2019 Commission State aid decision ordering the recovery of unlawful and incompatible aid granted to a Gibraltar-based company (i.e. Fossil) does not preclude the national authorities responsible for the recovery from applying a domestic provision which prescribes a mechanism for the set-off of taxes paid by a beneficiary abroad against taxes for which it is liable in Gibraltar. The final conclusion on whether the national provision at stake applies to the Fossil recovery case is to be decided by the referring court.
See also Curia's press release (in PDF format).

Helsingin kaupunki v Commission (14/09/2022)

The Commission takes note of the judgments of the General Court. In its judgments, the General Court upheld a 2019 State aid decision. In its decision, the Commission found that the equipment and capital loans that the Municipality of Helsinki granted to the bus operator Helsingin Bussiliikenne Oy ("HelB") amounted to incompatible State aid and ordered Finland to recover the incompatible aid. It also found that there was economic continuity between the former HeIB and its successor.
In its judgments, the General Court upheld the Commission’s finding that the loans conferred an undue economic advantage to HeIB and that there was economic continuity between the former HeIB and its successor.
See also Judgment in Helsingin Bussiliikenne v Commission.

Google and Alphabet v Commission (Google Android) (14/09/2022)

The European Commission takes note of today's judgment by the General Court largely confirming the Commission’s July 2018 decision which found that Google and its parent company Alphabet had abused its dominant position. The General Court also largely confirmed the fine that the European Commission imposed on Google and Alphabet and set it at € 4.125 billion.
The Commission will carefully study the judgment and decide on possible next steps.
See also Curia's press release (in PDF format).

Study on the impact of State aid rules for banks in difficulty (01/07/2022)

The study is expected to assess the application of the state aid rules for banks in difficulty, their:(i) impact on financial stability,(ii) impact on competition,(iii) impact on long-term viability of aided banks,(iv) impact on market discipline, and(v) efficiency.The study is expected to analyse the available specialised literature and market data in detail and provide an independent quantitative and qualitative assessment of the above-mentioned aspects in terms of effectiveness and efficiency, supported by thorough collection of evidence. As a result, the study should serve the contracting authority as input for the evaluation of the State aid rules applicable to banks in difficulty since their entry into force in end-2008, in line with the Commission’s Better Regulation principles.

Commission approves €4 billion Romanian scheme to support companies in the context of Russia's invasion of Ukraine (09/09/2022)

The European Commission has approved a €4 billion (approximately RON 19.7 billion) Romanian scheme to support companies across sectors in the context of Russia's invasion of 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, 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.

2021 Scoreboard shows that COVID-19 State aid measures allowed for unprecedented levels of support while preserving the level-playing field (08/09/2022)

The 2021 State Aid Scoreboard, published today by the European Commission and relating to State aid expenditure in 2020, shows the crucial role of State Aid policy in preserving a fair Single Market while at the same time allowing Member States to support companies in times of acute and unforeseen crisis.

Commission approves Greek scheme under Recovery and Resilience Facility to support development of electricity storage facilities (05/09/2022)

The European Commission has approved, under EU State aid rules, a Greek measure with an estimated budget of €341 million to support the construction and operation of storage facilities in the electricity system. The measure will be partly funded by the Recovery and Resilience Facility, following the Commission's positive assessment of the Greek Recovery and Resilience Plan and its adoption by the Council.

Commission prohibits acquisition of GRAIL by Illumina (06/09/2022)

The European Commission has prohibited, under the EU Merger Regulation, the implemented acquisition of GRAIL by Illumina. The merger would have stifled innovation, and reduced choice in the emerging market for blood-based early cancer detection tests. Illumina did not offer remedies sufficient to address these concerns.

JCDecaux Street Furniture Belgium v Commission (07/09/2022)

The Commission takes note of the judgment of the General Court. In its judgment, the General Court dismissed the appeal of JCDecaux against a 2019 State aid decision. In its decision, the Commission found, among others, that aid received by JCDecaux in the form of tax and royalty exemptions amounted to incompatible State aid.

Tirreno Power v Commission (07/09/2022)

The Commission takes note of the judgments of the General Court. In its judgments, the General Court dismissed the appeals of Tirreno Power and Set against a 2019 State aid decision. In its decision, the Commission did not raise objections against the modifications proposed by the Italian authorities to the national capacity mechanism.
In its judgments, the General Court found that the applicants did not sufficiently demonstrate the existence of potential doubts on the compatibility of the modifications proposed by the Italian authorities. Therefore, the applicants failed to show that the Commission should have opened a formal investigation procedure to assess the compatibility of the measure with the internal market.
See also judgment in Set v. Commission.

Workshop with environmental NGOs and other stakeholders on the Aarhus Convention Compliance Committee findings in case ACCC/C/2015/128 and Commission State aid decisions (09/09/2022)

On 9 September 2022 from 10:00 - 17:00, the Commission is organising a virtual stakeholder meeting open to environmental NGOs, industry representatives (including small businesses) and other interested organisations.
The aim of the meeting is to discuss and receive feedback on the implications of the Aarhus Convention Compliance Committee findings in case ACCC/C/2015/128 on state aid and on possible options for addressing this issue.

Merger control: the goals and limits of competition policy in a changing world (09/09/2022)

Speech by Executive Vice-President Vestager,
International Bar Association 26th Annual Competition Conference, Florence,
9 September 2022.
[...] "But at least as regards merger control, the lesson is clear: As our recent track record has shown, a good set of rules is like a sturdy oak tree in the wind. If it is cultivated and left to grow, it can be flexible enough to bend in the wind, but also have the strong roots to keep it grounded in the storm."

Commission approves €27.5 billion German scheme to compensate energy-intensive companies for indirect emission costs (19/08/2022)

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

Commission approves Italian market conform scheme to manage publicly guaranteed loans (26/08/2022)

The European Commission has found Italy's plan to enable the transfer of certain State guaranteed loans to a newly created platform managed by AMCO S.p.A. to be free of any State aid.

Commission approves €835 million Dutch scheme to compensate energy-intensive companies for indirect emission costs (19/08/2022)

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

Commission approves €687 million Finnish scheme to compensate energy-intensive companies for indirect emission costs (19/08/2022)

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

Commission approves €125 million Estonian scheme to support companies in context of Russia's invasion of Ukraine (19/08/2022)

The European Commission has approved a €125 million Estonian scheme to support the liquidity needs of companies across sectors in the context of Russia's invasion of 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, 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 €218 million Bulgarian scheme to support agricultural producers in context of Russia's invasion of Ukraine (16/08/2022)

The European Commission has approved a €218 million (BGN 426 million) Bulgarian scheme to support certain agricultural producers in the context of Russia's invasion of 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, 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 modifications to Polish scheme, including €5.1 billion budget increase, to support companies in context of Russia's invasion of Ukraine (11/08/2022)

The European Commission has approved modifications, including a budget increase of €5.1 billion (PLN 24.5 billion), to an existing Polish scheme to support companies across sectors in the context of Russia's invasion of Ukraine. The amendments were approved under the Temporary Crisis Framework, adopted by the Commission on 23 March 2022 and amended on 20 July 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 clears financing of Post Danmark's universal service obligation (10/08/2022)

The European Commission has approved, under EU State aid rules, Denmark's compensation to Post Danmark for its universal postal service obligation in 2020.

Commission finds no aid given to Greek industrial parks manager ETVA VIPE (10/08/2022)

The European Commission has concluded that certain public measures in favour of industrial park manager ETVA Industrial Areas SA (‘ETVA VIPE') do not constitute State aid within the meaning of EU rules.

Commission approves €149 million Romanian scheme under Recovery and Resilience Facility to support renewable hydrogen production (08/08/2022)

The European Commission has approved, under EU State aid rules, a €149 million Romanian scheme made available through the Recovery and Resilience Facility to support the production of renewable hydrogen. The measure aims to contribute to the development of renewable hydrogen in line with the objectives of the EU Hydrogen Strategy and the EU Green Deal. The scheme will also contribute to the objectives of the REPowerEU Plan to reduce dependence on Russian fossil fuels and fast forward the green transition.

Commission approves Italian scheme under Recovery and Resilience Facility to support biomethane production (08/08/2022)

The European Commission has approved, under EU State aid rules, an Italian scheme made available through the Recovery and Resilience Facility to support the construction and the operation of new or converted biomethane production plants. The measure is part of Italy's strategy to reduce greenhouse gas emissions and to increase its share of renewable energies. The scheme will also contribute to the objectives of the REPowerEU Plan to reduce dependence on Russian fossil fuels and fast forward the green transition.

Commission approves €110 million Austrian scheme to support agricultural producers in context of Russia's invasion of Ukraine (05/08/2022)

The European Commission has approved a €110 million Austrian scheme to support primary agricultural producers in the context of Russia's invasion of 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, 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 2022-2027 regional aid map for Denmark (04/08/2022)

The European Commission has approved under EU State aid rules Denmark's map for granting regional aid from 1 January 2022 to 31 December 2027 within the framework of the revised Regional aid Guidelines.

Commission approves revised commitments by Italy for Banca Monte dei Paschi di Siena (02/08/2022)

The European Commission has approved, under EU State aid rules, a set of revised commitments submitted by Italy, replacing the original commitments on the basis of which the Commission had approved a precautionary recapitalisation of Banca Monte dei Paschi di Siena.

Commission approves €2.98 billion German scheme to promote green district heating (02/08/2022)

The European Commission has approved, under EU State aid rules, a €2.98 billion German scheme to promote green district heating based on renewable energy and waste heat. The measure will contribute to the implementation of Germany‘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 €181.5 million Latvian schemes to support companies in context of Russia's invasion of Ukraine (01/08/2022)

The European Commission has approved two Latvian schemes with a total budget of €181.5 million to support small and medium-sized enterprises (‘SMEs') and large companies across sectors in the context of Russia's invasion of Ukraine. The scheme was approved under the State aid Temporary Crisis Framework, adopted by the Commission on 23 March 2022, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU'), recognising that the EU economy is experiencing a serious disturbance.

Commission approves D'Ieteren's acquisition of PHE, subject to conditions (02/08/2022)

The European Commission has approved, under the EU Merger Regulation, D'Ieteren's acquisition of PHE. The approval is conditional on full compliance with commitments offered by D'Ieteren.

Commission publishes market study on hotels' distribution practices (26/08/2022)

The European Commission published today the results of an external market study on the distribution practices of hotels in the EU.

Commission seeks feedback on performance of exemption for liner shipping consortia (09/08/2022)

The European Commission has launched today a call for evidence inviting feedback on the performance of the EU legal framework which exempts liner shipping consortia from EU antitrust rules (Consortia Block Exemption Regulation.

Daimler AG (01/08/2022)

The Commission takes note of the preliminary ruling of the Court of Justice of the European Union. In its judgment, the Court clarified whether special-purpose or specialised vehicles, in particular refuse collection trucks, are covered by the cartel found in the Commission’s settlement decision of 19 July 2016. In this decision, the Commission had found that a number of truck producers had broken EU competition rules as they had colluded on truck pricing and on passing on the cost of compliance with stricter emission rules.
In its judgment, the CJEU held that all types of specialised trucks, including household refuse collection trucks, fall within the scope of the products covered by the cartel found in the Commission’s settlement decision.

Market study on the distribution of hotel accommodation in the EU (26/08/2022)

The market study was conducted in 2021 and covers the period between 2017 and 2021. It focused on a representative sample of six Member States (Austria, Belgium, Cyprus, Poland, Spain and Sweden).​
See also the EC press release.

Infografics on IPCEI Hydrogen Technology "Hy2Tech" (26/07/2022)

Check the two latest infographics produced by DG COMP. This time, they refer to the Hy2Tech initiative:

• EU overview
• Distribution by member states