In two recent webinars covering antitrust, mergers and state aid, DG COMP senior officials shared their views on how DG COMP is operating under the current COVID-19 crisis.

Antitrust: More Flexible Enforcement

Maria Jaspers, head of unit for antitrust case support and policy, gave the following key messages:

  • The absence of legal deadlines creates certain flexibility with regard to time-tables in pending investigations;
  • The crisis may have an influence on pending policy reviews (including the vertical and horizontal block exemption regulations);
  • Several actions have been put into place: these measures include the European Competition Network’s (the “ECN”) joint statement of 23 March 2020, indicating that the Commission (and the competition authorities of the Member States) will not actively intervene against necessary and temporary measures between businesses aimed to avoid a shortage of supply;
  • She pointed to the information on DG COMP’s website titled “Antitrust Rules and Coronavirus” providing dedicated guidance to businesses. Additionally, DG COMP has set up a dedicated mailbox that can be used to seek informal guidance on specific initiatives;
  • She recalled that, on 8 April 2020, the Commission published a “Temporary Framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak” (the “Temporary Framework”). Read more on the Temporary Framework in this blogpost. Rainer Becker, head of unit in antitrust for pharma and health services added that DG COMP is vigilantly monitoring the markets to ensure that there are no breaches on the back of the crisis and that DG COMP will continue to progress opened proceedings, including by assessing complaints and market information. However, he indicated that competition rules may in certain circumstances be applied in a more flexible manner (read more on the flexible application of competition law rules here).

Mergers: Continued Merger Control Enforcement with Several Challenges

Jose-Maria Carpi Badia, head of unit for mergers case support and policy, gave the following key messages:

  • Due to the COVID-19 crisis the merger units are facing several challenges. This includes the timing of notifications, the carrying out of market investigations, the market testing of remedies, the provision of access to file in phase II cases, and the organisation of State of Play and other meetings. Also, the likely impact of COVID-19 on the economy affects the forward-looking assessment of mergers, and the situation more generally influences the ability to meet legal deadlines;
  • It is difficult in particular to collect information from third parties, and the Commission is facing limitations in terms of access to information and databases as well as in terms of information exchanges following the remote working measures taken by the Commission and the private sector;
  • There is a continuously high level of merger control activity at DG COMP. A comparison between the influx of notifications during a three week period in March and April 2020 and the influx during the same time period in 2019 indicates that there is no chilling effect on the number of notifications, despite DG COMP’s effort to delay notifications;
  • DG COMP will follow the strict merger procedure as set out by the EU Merger Regulation, and it will ensure the respect of the parties’ rights of defence as well as of third parties’ procedural rights. He said that the EU Merger Regulation is flexible enough to take account of unanticipated developments over the course of a review and indicated that DG COMP will closely monitor the situation and provide updated information as the situation evolves.

State Aid: Coordination of National COVID-19 State Aid Measures

Karl Soukup, director at the State aid Directorate for general scrutiny and enforcement, emphasized that the Commission acted quickly to establish specific State aid rules to respond to the crisis and also put in place flexible internal rules to allow for a speedy assessment and approval of notified measures.

He observed that the Commission adopted a Temporary Framework concerning national measures aiming to support the economy in the current COVID-19 crisis on 19 March 2020. This Temporary Framework, as amended on 3 April 2020, will be in place until the end of December 2020 and is applicable to all sectors and companies except those that were already in difficulty before 31 December 2019. For more information see our previous blogpost.

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Photo of Johan Ysewyn Johan Ysewyn

Johan Ysewyn is widely recognised as one of Europe’s leading competition lawyers. As co-Chair of Covington’s Global Competition/Antitrust Practice, Johan brings over three decades of experience advising global corporates and financial institutions on their most complex and high-stakes competition and regulatory matters.

Clients…

Johan Ysewyn is widely recognised as one of Europe’s leading competition lawyers. As co-Chair of Covington’s Global Competition/Antitrust Practice, Johan brings over three decades of experience advising global corporates and financial institutions on their most complex and high-stakes competition and regulatory matters.

Clients turn to Johan for clear, strategic guidance on merger control, cartel and monopolisation investigations, and other antitrust enforcement actions. His approach is pragmatic and solution-driven, combining deep legal insight with a commercial understanding of his clients’ business.

Leading directories consistently highlight Johan’s exceptional skill and client service: Chambers Global describes him as “an exceptional lawyer who is solution-oriented, has a remarkable ability to rapidly understand our business and has excellent reactivity.” Who’s Who Legal praises his “energy and insight into cartel proceedings,” while Legal 500 calls him “one of the best European competition lawyers” with “a unique understanding of the EC and a very helpful network of connections across Brussels.”

Johan represents clients before competition authorities and courts around the world, leveraging his in-depth knowledge of regulatory processes and strong working relationships with key decision-makers, particularly within the European Commission’s DG COMP, who designated him as one of their Non-Governmental Advisors to the International Competition Network. His advisory practice spans the evolving intersections of competition law with ESG, digital markets, and strategic compliance.  His experience covers a wide range of sectors, including telecommunications, technology, media, financial services, healthcare, consumer goods, retail, energy, and transport.

Johan has extensive experience in global merger control, having advised on numerous complex, cross-border transactions requiring coordination across multiple jurisdictions. His recent merger work includes representing Discovery in its landmark acquisition of Warner Bros. and advising Illumina on its acquisition of Grail—both recognised as award-winning deals in the competition community. Johan’s merger practice spans a wide range of sectors, from media and technology to healthcare and energy, and he is known for navigating the most challenging regulatory reviews with strategic foresight and precision.

Renowned for his expertise in global cartel enforcement, Johan has represented immunity applicants and defendants in major cases involving industries such as financial services, consumer goods, pharmaceuticals, chemicals, and energy. He also advised the European Payments Council in the first European Commission investigation into standardisation agreements in the e-payments sector. A recognised thought leader, Johan co-authors the European Cartel Digest and lectures on cartel law and economics at the Brussels School of Competition.

In addition, Johan is one of Europe’s foremost practitioners in EU State aid law, advising both governments and beneficiaries. His experience includes landmark cases involving leading banks and airlines such as Fortis, KBC, Dexia, Arco, Citadele, airBaltic, and Riga Airport.

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Photo of Martin Juhasz Martin Juhasz

Martin Juhasz is an associate in Covington’s Frankfurt office and a member of the antitrust and EU competition team. He advises clients on all aspects of European and German competition law from a broad range of sectors, including technology, internet, healthcare, and manufacturing.

Martin Juhasz is an associate in Covington’s Frankfurt office and a member of the antitrust and EU competition team. He advises clients on all aspects of European and German competition law from a broad range of sectors, including technology, internet, healthcare, and manufacturing. He also counsels foreign investors with regard to foreign direct investment regulations (FDI).

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