On 23 March 2022, the European Commission (the “Commission”) adopted a Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia (the “Framework”). In a similar fashion to the temporary framework that the Commission has adopted to address the COVID-19 outbreak (the “COVID-19 Temporary Framework”), and earlier, to deal with the 2008 financial crisis (the “Banking Framework”), the Framework is based on Article 107(3)(b) of the Treaty on the Functioning of the European Union (the “TFEU”), which allows State aid to be granted in order to remedy a serious disturbance in the economy, in this case caused by the Russian aggression against Ukraine and/or by the sanctions imposed or by the retaliatory counter measures taken in response. It sets out the conditions under which the Commission will assess such State aid. Measures that meet all the conditions set out in the Framework must be notified to the Commission and will be considered compatible with the Internal Market if all conditions are indeed met.
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State Aid
The Commission adopts its new Climate, Energy and Environmental Aid Guidelines (CEEAG)
By Johan Ysewyn, Carole Maczkovics & Sophie Bertin on
The European Commission (the “Commission”) formally adopted on 27 January 2022 its new Guidelines on State aid for climate, environmental protection and energy (CEEAG). The CEEAG replace the guidelines which were in force since 2014 (EEAG) and integrate the new objectives of the EU Green Deal of a reduction of 55% net greenhouse gas emissions compared to the 1990 levels by 2030 and of carbon neutrality by 2050. The Commission has estimated that achieving the new 2030 target would require EUR 390 billion of additional annual investment compared to the levels in 2011-2020, an investment that cannot be borne by the private sector alone, and would therefore require public investments.
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The Commission has revised its communication on the Criteria for the analysis of the compatibility with the internal market of State aid to promote the execution of important projects of common European interest (“IPCEI”)
By Johan Ysewyn, Carole Maczkovics & Sophie Bertin on
Posted in State Aid
On 25 November 2021, the Commission adopted its revised Communication on the Criteria for the analysis of the compatibility with the internal market of State aid to promote the execution of important projects of common European interest (“IPCEI”). This is particularly relevant for companies who have breakthrough innovative projects and need to seek public support for their projects. For example, under the current Communication, the Commission approved public support to two major research and innovation projects of European interest along the battery value chain for electric vehicles (“summer” and “autumn” projects) and a project in microelectronics. Various other projects are being assessed, for instance on Next Generation Cloud Infrastructure and Services and on green hydrogen.
The revised communication sets out the criteria following which the Commission will approve IPCEI with the State aid rules as of 1 January 2022.…
The UK’s post-Brexit Subsidy Control regime — what to expect
By James Marshall & Grace Kim on
What is happening and why?
On 30 June, the UK Government announced its draft Subsidy Control Bill (the “Bill”) which sets out the framework for how the UK will subsidise businesses post-Brexit. The UK government has hailed the Bill as a major departure from the EU state aid rules. In practice, the Bill provides a framework for implementing the UK’s international commitments on subsidy control, as set out in the Trade and Cooperation Agreement agreed with the European Union, and in other existing international trade obligations and World Trade Organisation (“WTO”) rules.
The Bill introduces a decentralised subsidy control framework outlining principles with which public authorities must comply when awarding subsidies. One of the key aims of the Bill is to ensure that the subsidy control regime is not used to encourage a “race to the bottom” between different regions of the UK.
While there are some important differences as compared to the EU state aid regime, the fundamental principles are comparable and any subsidies given under the Northern Ireland Protocol will continue to be governed by EU rules.…
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Amended GBER simplifies State aid rules for projects supporting the recovery from the COVID-19 pandemic
By Johan Ysewyn & Laura van Kruijsdijk on
Introduction
On 23 July 2021, the European Commission (“Commission”) adopted an extension of the scope of the General Block Exemption Regulation (“GBER”). The revised rules concern:
- Aid for projects funded via certain EU centrally managed programmes under the new Multiannual Financial Framework; and
- Certain State aid measures that support the green and digital transition and are also relevant for the recovery from the economic effects of the coronavirus pandemic.
Covington Helps Riga Airport Secure EC Recapitalization Approval
By Johan Ysewyn & Sophie Bertin on
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.
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EU General Court dismisses first two challenges to State aid awarded to national airlines in response to the COVID-19 pandemic
By Johan Ysewyn, Sophie Bertin & Aidan Forde on
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 State aid schemes adopted in response to the COVID-19 pandemic.
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The Commission Publishes the Latest Extension of the Temporary Framework for State aid measures to support the economy during the Covid-19 outbreak
By Johan Ysewyn & Sophie Bertin on
The Commission’s Temporary Framework for State aid measures supporting the economy during the Covid-19 pandemic (the “Temporary Framework”) is proving to be a success. More than 200 Member State schemes and individual measures have been cleared under the Temporary Framework since its adoption in March 2020. It seeks to provide the European economy with a platform to recover from the crisis while limiting distortions of competition in the Internal Market.
On 28 January 2021, the European Commission (“Commission”) adopted a fifth amendment (the “Amendment”) to the Temporary Framework (see our post on the Temporary Framework here, of the first amendment here and of the second amendment here). The third amendment expanded mostly the Framework to further support micro, small and start-up companies and incentivise private investments. The fourth amendment mostly prolonged the validity of the Framework and introduced new possibilities for the State to exit from recapitalised companies while maintaining its previous stake in those companies. The New Amendment extends further the Temporary Framework until 31 December 2021.
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The European Commission Adopts a White Paper on Foreign Subsidies to Protect the EU Single Market
By Sophie Bertin & Peter Camesasca on
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 consultation ran until 23 September 2020, inviting stakeholders to provide their views on the options set out in the White Paper.
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COVID 19 – US and EU Competition Law Implications (29 May 2020)
By Covington Competition on
Posted in Abuse, Antitrust, Cartels, Competition Law, COVID 19, Damages, Enforcement, Mergers, State Aid
The Covington US and EU Competition/Antitrust teams will be updating you regularly, through the Covington Competition blog, on the competition/antitrust law implications – both procedural and substantive – of the COVID-19 crisis in the US and the EU. This is our update for Friday 29 May 2020. Today’s new updates as compared to the previous update are highlighted – these are the headlines:
- Today’s US update:
- The FTC’s Director of the Bureau of Competition published a blog post on the failing firm defense. Skip to relevant section.
- Today’s EU updates:
- The Commission has cleared a further number of State aid requests by Member States. Skip to relevant section.
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