Competition weekly news summary
22 January 2016

Conferences/Speeches

  • Speech by Commissioner Vestager 'Competition in a big data world'
    DLD 16, Munich
    17 January 2016
    "[…] we don't need a whole new competition rulebook for the big data world. Just as we didn't need one for a world of fax machines, or credit cards, or personal computers. What we do need is to pay close attention to these markets and to take action when necessary. […] So that consumers get innovative products at the right prices. And so that digital entrepreneurs, however big or small, have a fair shot at success".
    Read full speech >

Mergers

  • Commission approves acquisition of Navitaire by Amadeus
    19 January 2016
    The Commission approved under the EU Merger Regulation the acquisition of airline software provider Navitaire by rival Amadeus. The Commission concluded the companies' IT solutions target different types of airlines and are complementary.
    Read more >

State Aid

  • Commission adopts three decisions requiring taxation of ports in the Netherlands, Belgium and France
    21 January 2016
    The Commission has required the Netherlands to abolish an exemption from corporate tax for its six seaports so as to align the regime with EU state aid rules. The Commission has also proposed in two separate decisions that Belgium and France align their taxation of ports with state aid rules. (H-3)
    Read more >
  • Commission opens in-depth investigation into Italian support for steel producer Ilva in Taranto, Italy
    20 January 2016
    The European Commission has opened an in-depth inquiry to assess whether Italian state support for steel producer Ilva was in line with EU State aid rules. In particular examining whether measures facilitating Ilva's access to finance for modernising its plant in Taranto give the company an unfair advantage not available to its competitors.
    Read more >
  • Commission orders Belgium to recover €211 million from several steel companies within the Duferco group
    20 January 2016
    The Commission has concluded that €211 million funding granted by the Walloon authorities in Belgium to several steel companies within the Duferco group between 2006 and 2011 distorted competition in breach of EU state aid rules.
    Read more >
  • Statement by Commissioner Vestager on EU state aid rules in the steel sector and Commission state aid decisions concerning Duferco in Belgium and Ilva in Italy
    20 January 2016
    EU State aid rules allow fostering the long-term competitiveness and efficiency of steel manufacturing but not supporting manufacturers in difficulties. The Commission took two decisions, a final negative decision on Duferco (Belgium) and opening a formal probe into state measures for Ilva in Italy.
    Read more >
  • Commission approves public service aid to Sundsvall Timra and Skelleftea airports in Sweden
    19 January 2016
    The European Commission has found Swedish plans to grant compensation for public service obligations linked to the management of two regional airports to be in line with EU state aid rules. The public funding will contribute to facilitate regional connectivity and development without unduly distorting competition in the Single Market. 
    Read more >

Court

  • Case C-74/14 Preliminary ruling on interpretation of Article 101
    21 January 2016
    The EU Court of Justice ruled on questions referred by a Lithuanian court regarding the interpretation of Article 101 TFEU. The main proceedings concern actions for annulment brought by several tour operators against a decision of the Lithuanian competition authority to fine them for concerted practices related to a common online travel reservation system. The platform operator had sent the travel agents participating in the system an electronic message capping the rebates that could be granted for products sold via the system and had technically adapted the system so as to implement this cap. The Lithuanian competition authority had found this to constitute an information exchange on the travel agents' market behaviour, in breach of Article 101. The Court held that travel agents who knew the content of the message could be presumed to have participated in a concerted practice, unless they had distanced themselves from the message, challenged its imposition or adduced other evidence to rebut the presumption, such as systematically granting higher rebates than those set under the cap. It is for the referring court to determine whether, considering all the circumstance of the case, the sending of such a message is sufficient proof that the addressees knew the content.
    See Court of Justice case page>
  • Court judgment on the Case C-603/13 P Bitumen Spain cartel 
    21 January 2016
    The EU Court of Justice ruled on an appeal by Galp and others against a General Court ruling of September 2014 that had largely dismissed Galp's action for annulment of the Commission's 2007 decision fining the company for its participation in a cartel on the Spanish market for bitumen, but had granted a slight reduction in Galp's fine. The Court of Justice dismissed most of the appellants' arguments and largely upheld the Commission's findings, except for the participation of the appellants in two accessorial aspects of the cartel (the monitoring system and the compensation mechanism). The Court therefore reduced the fine imposed on the appellants from € 8.7 million to € 7.7 million.   
    See Court of Justice case page>
    Read more on the 2007 Decision>
  • Court judgment in the appeal on the power transformers case C-373/14 P Toshiba Corporation vs European Commission
    20 January 2016
    The EU Court of Justice ruled on an appeal against an earlier judgment of the General Court that had dismissed Toshiba's action for annulment of the Commission's 2009 power transformers cartel decision. The Court dismissed the appeal and fully upheld the Commission's findings.  
    See Court of Justice case page>
    Read more on the 2009 Decision>
  • Preliminary ruling case C-428/14 DHL Express (Italy) Srl, DHL Global Forwarding (Italy) SpA vs. Autorità Garante della Concorrenza e del Mercato (Italy)
    20 January 2016
    The EU Court of Justice ruled on questions referred by an Italian court regarding the interpretation of Article 101 TFEU and Regulation 1/2003. The main proceedings concern DHL's action for annulment of the Italian competition authority's decision to fine the company for participating in a cartel in the freight forwarding sector, in breach of Article 101. DHL had submitted an application for immunity from fines for revealing the existence of the cartel to the authority. However, another cartelist, Schenker, had submitted an earlier application to that effect. As only the first company to file an application can get immunity, DHL had been fined. DHL brought an action against that fine, arguing, among others, that the Italian authority should have taken account of an immunity application DHL had filed with the Commission and which preceded Schenker's. The Court ruled that there are no legal links between applications for leniency to the Commission and to national competition authorities
    See Court of Justice case page>
    Read Court's press release >
  • Court judgment in the GIS cases T-404/12 Toshiba vs. European Commission and T-409/12 Mitsubishi Electric vs. European Commission
    19
    January 2016
    The General Gourt ruled on actions for annulment by Toshiba and Mitsubishi against a Commission decision of 2012 fining the two companies for their participation in a cartel for gas insulated switchgear (GIS). The Court dismissed the actions and entirely confirmed the Commisssion's findings.  
    See Court of Justice case page (T-404/12 Toshiba)>
    See Court of Justice case page (T-409/12 Mitsubishi)>



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