Archives: European Commission

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The CJEU’s Lundbeck judgment

On 25 March 2021, the Court of Justice of the European Union (“CJEU”) dismissed the appeals by Lundbeck, Merck KGaA (and Generics UK), Arrow, Alpharma (and Xellia) and Ranbaxy, against the General Court’s (“GC”) judgment upholding the European Commission’s (“Commission”) 2013 pay-for-delay infringement decision. Background The case concerns the antidepressant containing the active pharmaceutical ingredient … Continue Reading

Commission provides guidance regarding its Article 22 policy change

On 26 March 2021, the European Commission (“Commission”) published a Staff Working Paper summarising the findings of its evaluation of procedural and jurisdictional aspects of EU merger control (the “Evaluation”), along with a communication providing guidance regarding its change in approach to the use of Article 22 of the EU Merger Regulation (“EUMR”) to refer … Continue Reading

Covington Helps Riga Airport Secure EC Recapitalization Approval

Covington represented Riga International Airport and the Latvian State in obtaining State aid approval for the recapitalization of Riga International Airport. On March 8, 2021, the European Commission (EC) approved the state recapitalization of up to €39.7 million, comprising a capital injection and a waived dividend payment for the 2019 financial year.… Continue Reading

EU General Court dismisses first two challenges to State aid awarded to national airlines in response to the COVID-19 pandemic

On 17 February 2021, the General Court of the European Union (“General Court”) in Cases T-259/20 and T-238/20 dismissed Ryanair’s challenges to pandemic aid packages introduced in France and Sweden in order to support the domestic airline sector. The judgments are the first ones where the General Court has decided on the legality of the … Continue Reading

Digital Markets Act Proposal

Yesterday, the European Commission published its proposals for the Digital Markets Act (“DMA Proposal”) and Digital Services Act (“DSA Proposal”), proposing new regulation of “intermediary services” and “designated gatekeepers”. The proposals would impose new obligations on providers of digital services and augment enforcement powers.… Continue Reading

Presentation of the results from the Covington/Brussels School of Competition immunity and leniency survey 2020

We recently presented to DG COMP the findings of the immunity and leniency survey 2020, which was conducted jointly by Covington and the Brussels School of Competition. The survey ran from December 2019 to March 2020 and asked competition law practitioners, enforcers and in-house counsels to share their observations on the perceived decline in immunity … Continue Reading

General Court partially annuls dawn raid decisions

In three related judgments of October 5, 2020 (T-249/17, T-254/17 and T-255/17) the General Court (the “GC”) partially annulled European Commission inspection decisions which were the basis for dawn raids on several French retailers. The judgments further develop the position adopted in Czech Railway and Nexans where the GC confirmed that, to launch an inspection … Continue Reading

The European Commission Adopts a White Paper on Foreign Subsidies to Protect the EU Single Market

On 17 June 2020, the European Commission (‘Commission’) published a White Paper “on levelling the playing field as regards foreign subsidies” which outlines a proposal for a series of new investigatory and enforcement tools, intended to identify and counteract the possible distortions of competition in the EU single market due to foreign subsidies. A public … Continue Reading

The revision of the Vertical Block Exemption Regulation – What is likely to change?

Introduction On 25 May 2020, the European Commission (“Commission”) has published its Final Report of the support studies for the evaluation of its Vertical Block Exemption Regulation (“VBER”) and the accompanying Guidelines on Vertical Restraints (the “Final Report”). The Final Report was published following a public consultation from 4 February to 27 May 2019 to … Continue Reading

The New Normal? EU Commission Prepares a New Competition Enforcement Tool Aiming at Structural Competition Concerns

The European Commission (”Commission”) is preparing the ground for a new competition enforcement tool. This new tool could substantially extend the competition authority’s current enforcement powers and allow for far-reaching intervention where the Commission identifies structural competition concerns. In particular, following the proposal, the standard for intervention could be lowered significantly as the Commission may … Continue Reading

European Commission publishes White Paper on the Review of Foreign Subsidies – [New/More] Intervention Powers ahead?

On 17 June 2020 the European Commission (“Commission”) published a White Paper on new enforcement powers regarding foreign subsidies. This initiative pursues two objectives, first it sets out a general policy approach for foreign subsidies, and second, it provides a number of proposals to address a perceived regulatory gap. More specifically, the White Paper suggests new tools … Continue Reading

The General Court Annuls the Commission’s Decision to Block the Acquisition of Telefónica UK by Hutchison 3G UK – a Landmark Judgment for EU Merger Control?

On 28 May 2020, the EU’s General Court (“GC”) annulled the European Commission’s (“Commission”) decision of 11 May 2016 in which the Commission had prohibited the acquisition of Telefónica UK (“O2”) by Hutchison 3G UK (“Three”). It is the first time the EU Courts interpreted the EU Merger Regulation in so-called “gap-cases”, i.e., concentrations in … Continue Reading

Regulation of Foreign Direct Investment (“FDI”) gathers Pace across Europe – A Week of Change.

The FDI space in Europe remains dynamic. Less than five months from the entering into force of the EU FDI Regulation, and just two months since the European Commission asked the Member States to both strengthen and “vigorously” implement the tools available to them and, where appropriate, introduce new FDI screening mechanisms –on which we … Continue Reading

Sustainability and Competition: Covington Assists Unilever on Submission to European Competition Authorities on the Competition Implications of Sustainability Cooperation

With the assistance of Covington, Unilever submitted the attached paper to the European Commission and a number of National Competition Authorities.  It suggests a possible framework for the application of EU competition law to sustainability collaborations between competitors. The paper reflects insights from experts across Unilever and puts forward examples of existing or possible co-operations, … Continue Reading

European Commission Adopts Measures Aimed at Mitigating the Effects of COVID-19 in the Agri-Food Sector

In response to the ongoing COVID-19 pandemic, the European Commission (“EC”) is taking steps to stabilise the most affected sectors of the economy. As part of its efforts, the EC has announced its support for the agricultural and food sectors which are severely affected by the pandemic. This includes an exceptional derogation from the EU … Continue Reading

The European Commission Includes Recapitalisation Measures in the Temporary Framework for State Aid Measures to Support the Economy During the COVID-19 Outbreak

On 8 May 2020, the European Commission (“Commission”) adopted a second amendment (the “New Amendment”) to the Temporary Framework for State aid measures to support the economy during the COVID-19 outbreak (the “Temporary Framework”) (see our previous post on the Temporary Framework here and on the first amendment here). The New Amendment sets out the … Continue Reading

The UK Court of Appeal Clarifies the Legal Test for Excessive Pricing

Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”.  The UK Court of Appeal recently provided guidance regarding the legal test to determine whether pricing is excessive and unfair.  In March, it dismissed … Continue Reading

European Commission Goes “Live” on FDI Coordination Six Months Early, Proposing Cooperation on an Informal and Voluntary Basis

The European Commission has added to its call to Member States to act on foreign direct investment (“FDI”) by announcing that it is ready to support EU-level cooperation on FDI now. Spurred on by the COVID-19 crisis and the perceived vulnerability of key EU assets, the informal cooperation announced by the Commission will bring into … Continue Reading

Competition Enforcement Under the COVID-19 Crisis: DG COMP Staff’s Views

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 … Continue Reading

The Commission amends the Temporary Framework for State aid measures to support the economy during the COVID-19 outbreak

On 3 April 2020, the European Commission adopted an amendment (the “Amendment”) extending the Temporary Framework for State aid measures to support the economy during the COVID-19 outbreak (The “Temporary Framework”) (See our previous post on the Temporary Framework here). The Amendment aims in particular to facilitate the grant of aid for the research, testing … Continue Reading

European Commission reviews its approach to market definition

The European Commission has initiated a public consultation on Friday 3 April, kicking off the review of its relevant market notice. All stakeholders are invited to make their views known, over the course of a six-week period concluding on 15 May 2020. The Notice on the definition of relevant market dates from 1997 and provides … Continue Reading

The Commission’s Temporary Framework for State Aid Measures to Support the Economy during the COVID-19 Outbreak

On 19 March 2020, the European Commission adopted a Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (“The Framework”). The Framework is based on Article 107(3)(b) of the TFEU, which allows State aid to be granted in order to remedy a serious disturbance in the economy. It sets … Continue Reading

Advanced Competition Law Conference Brussels – Joint Presentation on Recent EU Cartel Enforcement

On 27 November, Johan Ysewyn and Annemarie ter Heegde (DG COMP) presented the highlights of recent EU cartel enforcement in their annual presentation at the Advanced EU Competition Law Conference in Brussels. They covered the developments in the traditional three pillars of enforcement, policy and court review.… Continue Reading

Vestager outlines portfolio plans in European Parliament confirmation hearing

After her confirmation hearing in front of the European Parliament on Tuesday 8 October, Magrethe Vestager looks certain to remain as Competition Commissioner for a second term and to combine that with a broader responsibility for digital policy development. Both the second term and the combination of the competition portfolio with a policy brief are … Continue Reading
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