Conferences and speeches
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The interface between regulation and competition law
Address to the Bundeskartellamt conference, Hamburg, Neelie Kroes
28 April 2009
"Our experience is that regulation which respects competition principles is the most efficient type of regulation.
When that regulation succeeds in enabling a competitive market, there is less to worry about both for the consumers and for the enforcers of competition rules.
But even the most perfectly designed regulation will not eliminate the risk of abuses, so there will always be a role also for competition enforcement."
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How competition policy benefits SMEs
Address at the "Craft and SME Convention" of UEAPME (European Association of Craft, Small and Medium-sized Enterprises) at European Economic and Social Committee, Brussels, Neelie Kroes
27 April 2009
"I know the headlines and the government attention often goes to the large manufacturers. Let me assure you that we aren't fooled by those who shout the loudest.
We know that Europe's economy can't grow unless SMEs grow. SMEs have always been the home of successful innovation – which we need more of - so supporting SME must be a priority for the Commission.
Court
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T-12/03 Itochu v Commission
T-13/03 Nintendo v Commission
T-18/03 CD Contact Data v Commission
30 April 2009
The Court of First Instance ruled on an appeal by Nintendo, CD-Contact Data and Itochu against a Commission decision of 30 October 2002 (see IP
IP/02/1584),
fining Nintendo and seven of its distributors a total of €167.8 million for eliminating parallel trade and creating artificially high price differences for Nintendo video consoles and games in violation of Article 81 EC Treaty.
Nintendo and two distributors, CD-Contact Data of Belgium and Itochu of Greece, appealed the Commission decision to the CFI.
The CFI reduced the fines imposed on Nintendo and CD-Contact Data from €149.12 million to €119.24 million and from €1 million to €500 000 respectively. It upheld the fine of €4.5 million imposed on Itochu.
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C-494/06 Commission v Italy and WAM
30 April 2009
The Court of Justice ruled on the Commission's appeal against a judgement of the Court of First Instance of 6 September 2006 (joined cases
T-304/04 Italy v Commission and
T-316/04 WAM v Commission).
The CFI had annulled a Commission decision of 19 May 2004, finding that WAM had received incompatible state aid.
The CoJ rejected the Commission's appeal and upheld the decision of the CFI.
Antitrust
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Commission adopts report on functioning of key antitrust Regulation
30 April 2009
Council Regulation 1/2003 has contributed to stronger enforcement of antitrust rules within the EU since it came into force on 1 May 2004, modernising the enforcement of the EU competition rules (Articles 81 and 82 EC Treaty).
This is the main conclusion of the Commission report on the first five years of the application of Regulation 1/2003.
The report highlights a limited number of areas which merit further evaluation, such as the impact of divergences in national procedures and fining powers on the effective enforcement of the EC antitrust rules and the divergence of national laws in the area of unilateral conduct. (A-5)
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Commission opens formal proceedings against telecoms incumbents Telekomunikacja Polska and Slovak Telekom
27 April 2009
The Commission opened two separate antitrust investigations against the Polish and Slovak incumbent telecoms operators, Telekomunikacja Polska and Slovak Telekom, for suspected breaches of Article 82 EC Treaty.
The opening of formal proceedings follows inspections carried out in September 2008 in Telekomunikacja Polska and in January 2009 in Slovak Telekom (see
MEMO/08/666 and
MEMO/09/22).
The proceedings focus on suspicions of abusive behaviour that may prevent or hinder competition on broadband internet access and other electronic communications markets in Poland and in Slovakia. (C-1)
State aid
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Commission authorises Slovak temporary aid scheme to grant compatible aid of up to €500 000
30 April 2009
The Commission approved a Slovak measure to help businesses to deal with the current economic crisis.
Aid of up to €500 000 per firm may be granted in 2009 and 2010 to businesses facing funding problems because of the current credit squeeze.
The scheme meets the conditions of the Commission’s Temporary Framework for state aid to the real economy during the crisis (see
IP/08/1993). (H-1)
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Commission approves prolongation of Finnish support scheme for financial institutions
30 April 2009
The Commission approved a prolongation of the Finnish guarantee scheme to stabilise financial markets, initially approved on 13 November 2008 (see
IP/08/1705).
The measure is in line with the Commission's Guidance Communication on state aid to overcome the financial crisis (see
IP/08/1495).
In particular, the measure as amended is limited in time and scope. (D-3)
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Commission adopts Simplification Package to accelerate state aid decisions
29 April 2009
The Commission issued Best Practice guidance on how to simplify state aid procedures.
In particular, it is proposed to intensify pre-notification contacts and to apply a set of improved planning tools to tackle both difficult and straightforward cases. (H-4)
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Commission adopts Best Practices Code and Simplified Procedure to accelerate state aid decisions – frequently asked questions
29 April 2009
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Commission approves €46 million regional aid to Fiat for investment project in Sicily
29 April 2009
The project involves investments to extend the existing Fiat plant in Termini Imerese and is expected to maintain existing jobs in the region.
The Commission found the measure to be compatible with the requirements of the Regional Aid Guidelines 2007-2013 (see
IP/05/1653),
and in particular with the rules on large investment projects, because Fiat would not increase significantly its production capacity.
Therefore the positive impact of this investment on regional development can be considered to outweigh potential distortions of competition. (H-1)
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Commission approves three UK fiscal venture capital schemes
29 April 2009
The Commission approved three UK fiscal venture capital schemes: Enterprise Investment Scheme (EIS), Venture Capital Trusts (VCTs) and Corporate Venturing Scheme (CVS).
The schemes form part of the UK's measures to support access to finance to SMEs.
After the UK modified the scheme, it now meets the requirements of the EU risk capital Guidelines (see
IP/06/1015).
The Commission therefore found the aid to be compatible with Article 87(3)(c) of the EC Treaty. (H-2)
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Commission opens in-depth inquiry into rescue measures for Hungarian fertiliser producer Péti Nitrogénmuvek
29 April 2009
The Commission opened an in-depth investigation to establish whether measures in favour of Hungarian fertiliser producer Péti Nitrogénmuvek infringe EC Treaty state aid rules.
The measures include loans granted by the Hungarian Development Bank amounting to approximately €85 million, covered by state guarantees. (E-3)
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Commission approves amendments to Swedish bank guarantee
28 April 2009
The Commission approved a package of amendments to the Swedish guarantee scheme for financial institutions, initially approved on 30 October 2008 and 29 January 2009 (see
IP/08/1600 and
IP/09/186).
The changes concern the prolongation of the scheme's validity until 31 October 2009 and the extension of its scope.
The Commission found that the amendments were in line with its guidance on state aid to banks during the crisis (see
IP/08/1495).
In particular, they are well targeted, proportionate and limited in time and scope. (D-5)
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Commission authorises temporary Hungarian scheme for subsidised state guarantees to boost real economy
27 April 2009
The Commission approved a Hungarian scheme aimed at companies encountering financing difficulties as a result of the credit squeeze in the current economic crisis.
The scheme allows to grant aid in the form of subsidised guarantees for loans concluded by 31 December 2010.
It meets the conditions of the Commission’s Temporary Framework for state aid measures to support access to finance during the crisis (see
IP/08/1993).
In particular, it is limited in time, respects the relevant thresholds and applies only to companies that were not in difficulty on 1 July 2008. (H-1)
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