European Commission

DG COMP (Brussels)

The European Commission, together with the national competition authorities, directly enforces EU competition rules, Articles 101-109 of the Treaty on the Functioning of the EU (TFEU), to make EU markets work better, by ensuring that all companies compete equally and fairly on their merits. Within the Commission, the Directorate-General (DG) for Competition is primarily responsible for these direct enforcement powers.

Linked authors

French Competition Authority (Paris)
OECD - Competition Division (Paris)
DGCCRF (Paris)
European Parliament

Articles

1261750 Bulletin

European Commission The EU Commission adopts a third amendment to extend the scope of the State aid Temporary Framework to support micro, small and start-up companies and incentivise private investments during the COVID-19 outbreak

0

State aid: Commission expands Temporary Framework to further support micro, small and start-up companies and incentivise private investments* The European Commission has adopted a third amendment to extend the scope of the State aid Temporary Framework adopted on 19 March 2020 to support the (...)

European Commission The EU Commission approves €6 billion German measure to recapitalise major national airline and weather the economic effects of COVID-19 outbreak (Lufthansa)

36

State aid: Commission approves €6 billion German measure to recapitalise Lufthansa* The European Commission has approved German plans to contribute €6 billion to the recapitalisation of Deutsche Lufthansa AG (DLH), the parent company of Lufthansa Group. The measure was approved under the State (...)

European Commission The EU Commission opens in-depth investigation into proposed acquisition of a major financial data provider by one of the world’s largest stock exchange groups (Refinitiv / London Stock Exchange Group)

25

Mergers: Commission opens in-depth investigation into proposed acquisition of Refinitiv by London Stock Exchange Group* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Refinitiv by the London Stock Exchange Group (“LSEG”) under the EU Merger (...)

European Commission The EU Commission consults Member States on proposal to expand State aid Temporary Framework to further support micro, small and start-up companies and incentivise private investments in the wake of COVID-19 outbreak

184

Coronavirus: Commission Statement on consulting Member States on proposal to expand State aid Temporary Framework to further support micro, small and start-up companies and incentivise private investments* Today, the European Commission has sent to Member States for consultation a draft (...)

European Commission The EU Commission approves Polish recapitalisation scheme to enable up to €1.65 billion of capital support to SMEs and large enterprises affected by the COVID-19 outbreak

162

State aid: Commission approves Polish recapitalisation scheme to enable up to €1.65 billion of capital support to SMEs and large enterprises affected by the coronavirus outbreak* The European Commission has approved a Polish recapitalisation scheme of up to €1.65 billion (PLN 7.5 billion) to (...)

European Commission The EU Commission approves €1.2 billion Portuguese urgent liquidity support to its major national airline company, whose already existing liquidity needs to be increased with COVID-19 (TAP - Transportes Aéreos Portugueses)

226

State aid: Commission approves €1.2 billion Portuguese urgent liquidity support to TAP* The European Commission has approved, under EU State aid rules, Portugal’s plans to grant a €1.2 billion rescue loan in favour of Transportes Aéreos Portugueses SGPS S.A. (“TAP”). The measure will provide TAP (...)

European Commission The EU Commission approves €286 million Finnish State aid measure to recapitalise national airline which is considered essential to the recovery of the national economy after the COVID-19 outbreak (Finnair)

165

State aid: Commission approves €286 million Finnish measure to recapitalise Finnair* The European Commission has approved Finnish plans to contribute to the recapitalisation of Finnair through the subscription of new shares by the State in the rights issue launched by Finnair on 10 June 2020 in (...)

European Commission The EU Commission approves acquisition of global pharma company’s animal health division by animal health company subject to divestments (Bayer / Elanco Animal Health)

210

Mergers: Commission approves acquisition of Bayer’s animal health division by Elanco, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Bayer AGs animal health division by Elanco Animal Health Inc. The decision is (...)

European Commission The EU Commission approves €5 billion French “umbrella” scheme to support research, development, testing infrastructures and production of COVID-19 relevant products

307

State aid: Commission approves €5 billion French “umbrella” scheme to support research, development, testing infrastructures and production of coronavirus relevant products* The European Commission has approved a €5 billion French “umbrella” scheme to support research and development, testing and (...)

European Commission The EU Commission consults stakeholders on a possible new competition tool that would allow addressing structural competition problems, such as tipping markets, in a timely and effective manner

416

Antitrust: Commission consults stakeholders on a possible new competition tool* The European Commission has published today an inception impact assessment as well as an open public consultation inviting comments on exploring the need for a possible new competition tool that would allow (...)

European Commission The EU Commission waives all structural remedies committed to by merging pharmaceutical parties due to new significant permanent changes in market conditions during the divestiture process (Takeda / Shire)

129

Mergers: Commission waives the commitments made by Takeda to obtain clearance of its acquisition of Shire* The European Commission has waived, under the EU Merger Regulation, the commitments made by Takeda to obtain clearance of its acquisition of Shire. The Commission approved the (...)

European Commission The EU Commission approves Lithuanian fund to enable up to €1 billion of liquidity and capital support to medium-sized and large enterprises affected by the COVID-19 outbreak

201

State aid: Commission approves Lithuanian fund to enable up to €1 billion of liquidity and capital support to medium-sized and large enterprises affected by the coronavirus outbreak* The European Commission has approved Lithuanian plans to set up a fund with a target size of up to €1 billion (...)

European Commission The EU Commission opens in-depth investigation into a proposed merger between 2 leading airlines operating routes between Canada and Europe while recognizing the target markets are significantly impacted by the COVID-19 outbreak (Transat / Air Canada)

232

Mergers: Commission opens in-depth investigation into proposed acquisition of Transat by Air Canada* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Transat by Air Canada, under the EU Merger Regulation. The Commission is concerned that the (...)

European Commission The EU Commission approves €322 million Croatian loan guarantees and subsidised loans scheme for micro, small and medium-sized companies affected by COVID-19 outbreak

180

State aid: Commission approves €322 million Croatian loan guarantees and subsidised loans scheme for micro, small and medium-sized companies affected by coronavirus outbreak* The European Commission has approved an approximately €322 million (HRK 2.450 million) Croatian scheme for loan (...)

European Commission The EU Commission invites comments on updated proposal on simplified rules for State aid combined with EU support, inspired by temporary rules for aid to tackle the COVID-19 outbreak

191

State aid: Commission invites comments on updated proposal on simplified rules for State aid combined with EU support* The European Commission is inviting Member States and other stakeholders to comment on its updated proposal to exempt from prior Commission scrutiny under EU State aid rules (...)

European Commission The EU Commission approves €650 million Dutch scheme to compensate companies in the floriculture, speciality horticulture and potato sectors for damage caused by COVID-19 outbreak

169

State aid: Commission approves €650 million Dutch scheme to compensate companies in the floriculture, specialty horticulture and potato sectors for damage caused by coronavirus outbreak* The European Commission has found a €650 million Dutch scheme that compensates companies in the floriculture, (...)

European Commission The EU Commission approves four Danish schemes granting tax deferrals and comparable measures to ease liquidity constraints in SME’s facing difficulties due to the COVID-19 pandemic

148

STATE AID: COMMISSION APPROVES €130 MILLION DANISH SCHEMES TO SUPPORT SMES AFFECTED BY CORONAVIRUS OUTBREAK* The European Commission has approved four Danish schemes with a budget of DKK 970 million (approximately €130 million) granting tax deferrals and comparable measures to ease liquidity (...)

European Commission The EU Commission approves €5 million Lithuanian scheme in the form of loan interest payments for SMEs active in road freight transport affected by the COVID-19 outbreak

148

State aid: Commission approves €5 million Lithuanian scheme for SMEs active in road freight transport affected by the coronavirus outbreak* The European Commission has approved a €5 million direct grant scheme to support the Lithuanian economy in the context of the coronavirus outbreak. The (...)

European Commission The EU Commission approves a €2 billion Slovenian State aid scheme including a dozen of measures to support companies affected by the COVID-19 crisis

129

State aid: Commission approves €2 billion Slovenian “umbrella” scheme to support the economy in coronavirus outbreak* The European Commission has approved a €2 billion Slovenian State aid scheme to support the Slovenian economy in the context of the coronavirus outbreak. The scheme was approved (...)

European Commission The EU Commission approves Belgian €200,000 direct grant scheme to support agricultural and aquaculture sectors in Brussels-Capital region following COVID-19 outbreak

131

State aid: Commission approves €200,000 direct grant scheme to support agricultural and aquaculture sectors in Brussels-Capital region following coronavirus outbreak* The European Commission has approved a €200,000 Belgian regional scheme to support agricultural and aquaculture sectors in the (...)

European Commission The EU Commission approves €3 billion Finnish scheme that includes both direct grants and loan guarantees to support companies affected by COVID-19 outbreak

127

State aid: Commission approves €3 billion Finnish scheme to support companies affected by coronavirus outbreak* The European Commission has approved a Finnish scheme to support the Finnish economy in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary (...)

European Commission The EU Commission approves a €700 million Polish State aid scheme to support companies including the agricultural and fishery sectors that are affected by the COVID-19 outbreak

104

State aid: Commission approves €700 million Polish aid scheme to support companies affected by the coronavirus outbreak* The European Commission has approved a €700 million scheme to support the Polish economy in the context of the coronavirus outbreak. The support measures available under the (...)

European Commission The EU Commission approves €7.8 billion Polish schemes to support companies affected by the COVID-19 outbreak including direct grants, tax deferrals, and wage subsidies

119

State aid: Commission approves €7.8 billion Polish schemes to support companies affected by the coronavirus outbreak* The European Commission has approved 11 Polish State aid schemes, with a total budget of PLN 35.1 billion (approximately €7.8 billion), to support the Polish economy in the (...)

European Commission The EU Commission clears merger of generic Big Pharma company with a competitor’s generic division, subject to divestment of business for certain generic medicines (Mylan / Upjohn)

75

Mergers: Commission approves the merger of Mylan and Pfizer’s Upjohn division, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed merger between the global pharmaceutical company Mylan and Upjohn, a business division of Pfizer, which (...)

European Commission The EU Commission approves €100 million Italian guarantee scheme to support SMEs in the agriculture, forestry, fishery and aquaculture sectors affected by the COVID-19 outbreak

86

State aid: Commission approves €100 million Italian guarantee scheme to support SMEs in the agriculture, forestry, fishery and aquaculture sectors affected by the coronavirus outbreak* The European Commission has approved a €100 million Italian State aid scheme to support small and medium-sized (...)

European Commission The EU Commission approves €50 million Italian subsidised loans scheme to support agriculture, forestry and fishery sectors affected by COVID-19 outbreak in Friuli Venezia Giulia region

89

State aid: Commission approves €50 million Italian subsidised loans scheme to support agriculture, forestry and fishery sectors affected by coronavirus outbreak in Friuli Venezia Giulia region* The European Commission has approved a €50 million Italian scheme to support the agricultural, (...)

European Commission The EU Commission approves €200 million Irish scheme in the form of direct grants, repayable advances, equity injections, and subsidised loans to support companies affected by the COVID-19 outbreak

109

State aid: Commission approves €200 million Irish scheme to support companies affected by the coronavirus outbreak* The European Commission has approved a €200 million Irish scheme to support companies affected by the coronavirus outbreak. The scheme, called “Sustaining Enterprise Scheme”, was (...)

European Commission The EU Commission approves a €1 billion Hungary State aid scheme to support companies through direct grants, loans and equity measures during the COVID-19 outbreak

104

State aid: Commission approves €1 billion Hungarian aid scheme to support companies affected by the coronavirus outbreak* The European Commission has approved a HUF 350 billion (approximately €1 billion) scheme to support the Hungarian economy in the context of the coronavirus outbreak. The (...)

European Commission The EU Commission approves €35.5 million Latvian direct grant scheme to support agriculture, fishery, food and school catering sectors in COVID-19 outbreak

109

State aid: Commission approves €35.5 million Latvian direct grant scheme to support agriculture, fishery, food and school catering sectors in coronavirus outbreak* The European Commission has approved a €35.5 million Latvian scheme to support the agricultural, fishery, food and school catering (...)

European Commission The EU Commission approves prolongation and modification of the French “Fonds de solidarité” scheme for small enterprises in temporary financial difficulties due to COVID-19 outbreak

221

State aid: Commission approves prolongation and modification of the French “Fonds de solidarité” scheme for small enterprises in temporary financial difficulties due to coronavirus outbreak* The European Commission has found France’s prolongation and modification of a previously approved scheme to (...)

European Commission The EU Commission approves Italian guarantee scheme for new working capital and investment loans granted by banks to support companies affected by the COVID-19 outbreak

188

State aid: Commission approves Italian guarantee scheme to support the economy in coronavirus outbreak* The European Commission has approved an Italian aid scheme to support the economy in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework (...)

European Commission The EU Commission approves a €1billion Croatian State aid scheme that will take the form of zero-interest loans to help companies affected by the COVID-19 crisis

94

State aid: Commission approves €1 billion Croatian schemes to support companies affected by coronavirus outbreak* The European Commission has approved two Croatian schemes to support the Croatian economy in the context of the coronavirus outbreak. The schemes were approved under the State aid (...)

European Commission The EU Commission approves a €15 billion Austrian liquidity State aid scheme in the form of direct grants, state guarantees for loans and subsidised public loans to support the economy in the context of the COVID-19 crisis

109

State aid: Commission approves €15 billion Austrian liquidity scheme to support the economy in the coronavirus outbreak* The European Commission has approved a €15 billion Austrian liquidity scheme to support the economy in the context of the coronavirus outbreak. The scheme was approved under (...)

European Commission The EU Commission issues a Temporary Framework Communication on allowing limited cooperation among businesses, and a "comfort letter" especially for critical hospital medicines during the COVID-19 outbreak

632

Antitrust: Commission provides guidance on allowing limited cooperation among businesses, especially for critical hospital medicines during the coronavirus outbreak* The European Commission has published a Temporary Framework Communication to provide antitrust guidance to companies cooperating (...)

European Commission The EU Commission approves a €140 million Hungarian State aid scheme managed by the Hungarian investment promotion agency to help the national economy during the COVID-19 crisis

141

The European Commission has approved a HUF 50 000 million (approximately €140 million) Hungarian aid scheme to support the Hungarian economy in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary Framework adopted by the Commission on 19 March 2020, as (...)

European Commission The EU Commission approves a €30 million Luxembourg State aid scheme related to research and development and investment in the production during the COVID-19 crisis

92

State aid: Commission approves €30 million Luxembourg scheme to support research and development and investments in the production of coronavirus relevant products* The European Commission has approved a €30 million Luxembourg aid scheme to support coronavirus related research and development (...)

European Commission The EU Commission extends Temporary Framework to enable Member States to accelerate research, testing and production of coronavirus relevant products, to protect jobs and to further support the economy in the COVID-19 outbreak

196

State aid: Commission extends Temporary Framework to enable Member States to accelerate research, testing and production of coronavirus relevant products, to protect jobs and to further support the economy in the coronavirus outbreak* The European Commission has adopted an amendment extending (...)

European Commission The EU Commission approves €23 million Dutch scheme of direct grants to support providers of social support services, health care and youth care in offering services at home during the COVID-19 pandemic

144

State aid: Commission approves €23 million Dutch scheme to support the economy in the current coronavirus outbreak* The European Commission has approved a €23 million Dutch scheme to support certain providers of social support and health care in offering services at home during the coronavirus (...)

European Commission The EU Commission approves €350 million Maltese guarantee scheme for working capital loans granted by commercial banks to support companies affected by the COVID-19 outbreak

124

State aid: Commission approves €350 million Maltese guarantee scheme to support economy in coronavirus outbreak* The European Commission has approved a Maltese State aid scheme to support the economy in the context of the coronavirus outbreak. The scheme was approved under the State aid (...)

European Commission The EU Commission approves Spanish “umbrella” scheme with measures that include direct grants and tax advantages, and where recipients include the self-employed affected by the COVID-19 outbreak

130

State aid: Commission approves Spanish “umbrella” scheme to support economy in coronavirus outbreak* The European Commission has approved a Spanish aid scheme to support the Spanish economy in the context of the coronavirus outbreak. The scheme was approved under the State aid Temporary (...)

European Commission The EU Commission approves €1.2 billion French “Fonds de solidarité” scheme for small enterprises in temporary financial difficulties due to COVID-19 outbreak

110

State aid: Commission approves €1.2 billion French “Fonds de solidarité” scheme for small enterprises in temporary financial difficulties due to coronavirus outbreak* The European Commission has found France’s €1.2 billion scheme to support small and micro-enterprises as well as self-employed people (...)

European Commission The EU Commission approves €1.75 billion Estonian schemes to support companies with loan guarantees and direct loans under favorable terms during COVID-19 outbreak

101

State aid: Commission approves €1.75 billion Estonian schemes to support economy in coronavirus outbreak* The European Commission has approved two Estonian State aid schemes to support the Estonian economy in the context of the coronavirus outbreak. The schemes were approved under the State aid (...)

European Commission The EU Commission approves under EU State aid rules €1.3 billion Danish scheme that partially compensates the self-employed for the losses of turnover suffered due to the COVID-19

114

The European Commission has approved under EU State aid rules a DKK 10 billion (approximately €1.3 billion) Danish scheme that partially compensates the self-employed for the losses of turnover suffered due to the coronavirus outbreak. Executive Vice-President Margrethe Vestager, in charge of (...)

European Commission The EU Commission finds Latvian loan guarantee scheme and subsidised loan scheme of €250 million for companies affected by coronavirus outbreak to be in line with EU State aid rules

102

State aid: Commission approves state support for €250 million Latvian subsidised loan scheme and loan guarantee scheme for companies affected by coronavirus outbreak* The European Commission has found Latvian loan guarantee scheme and subsidised loan scheme for companies affected by coronavirus (...)

European Commission The EU Commission opens an in-depth investigation into public service delegation contracts for maritime services which potentially constituting State aid in Corsica (Corsica Linea)

107

State aid: Commission launches in-depth investigation into public service delegation contracts for maritime services to Corsica* The European Commission has launched an in-depth investigation to determine whether the public service delegation contracts for maritime services to Corsica awarded (...)

European Commission The EU Commission opens an investigation into a possible collusion by two French retailers in a purchasing alliance (Casino Guichard-Perrachon / Les Mousquetaires)

490

Antitrust: Commission opens investigation into possible collusion by two French retailers in a purchasing alliance* The European Commission has opened a formal antitrust investigation to assess whether two French groups of retailers, Casino Guichard-Perrachon (known as ‘Casino’) and Les (...)

European Commission The EU Commission opens an in-depth investigation to assess whether various financing measures granted by Hungarian State-owned entities to a company operating in the ground handling market comply with EU rules for aid to companies in difficulty (Malév)

395

State aid: Commission opens in-depth investigation into Hungarian support measures to Malév Ground Handling* The European Commission has opened an in-depth investigation to assess whether various financing measures totalling approximately €21 million granted by Hungarian State-owned entities to (...)

European Commission The EU Commission opens an in-depth investigation to assess whether the plan by the Spanish region of Valencia to grant public support to regional airline company is in line with EU State aid rules (Air Nostrum)

395

State aid: Commission opens investigation into public support for Air Nostrum’s fleet renewal in Spain* The European Commission has opened an in-depth investigation to assess whether the plan by the Spanish region of Valencia to grant €9 million of public support to regional airline Air Nostrum (...)

European Commission The EU Commission Commission opens in-depth investigations to assess whether “excess profit” tax rulings granted by Belgium to 39 multinational companies are in line with EU State aids rules

307

State aid: Commission opens in-depth investigations into individual “excess profit” tax rulings granted by Belgium to 39 multinational companies* The European Commission has opened separate in-depth investigations to assess whether “excess profit” tax rulings granted by Belgium to 39 multinational (...)

European Commission The EU Commission sends a statement of objection to operators of mobile telephony regarding their network sharing agreement in the Czech market (O2 / CETIN / T-Mobile)

672

Antitrust: Commission sends Statement of Objections to O2 CZ, CETIN and T-Mobile CZ for their network sharing agreement* The European Commission has informed Czech operators of mobile telephony O2 CZ and T-Mobile CZ, as well as the Czech telecom infrastructure provider CETIN of its preliminary (...)

European Commission The EU Commission finds that the marketing agreements concluded between a local Association for the Promotion of Touristic and Economic Flows and an airline company are illegal under EU State aid rules (Ryanair / Montpellier airport)

437

State aid: France to recover €8.5 million of illegal aid to Ryanair at Montpellier airport* The European Commission has found that the marketing agreements concluded between the local Association for the Promotion of Touristic and Economic Flows (APFTE) and Ryanair at the airport of Montpellier (...)

European Commission The EU Commission opens an investigation against a designer of integrated circuits for wired communication devices and sends a Statement of Objections seeking to impose interim measures in TV and modem chipsets markets (Broadcom)

310

The European Commission has opened a formal antitrust investigation to assess whether Broadcom may be restricting competition through exclusivity practices, in breach of EU rules. The Commission intends to impose interim measures during the investigation with regard to TV and modem chipsets (...)

European Commission The EU Commission opens an in-depth investigation to assess whether some capital injections granted by Denmark and Sweden to postal companies are in line with EU State aid rules (PostNord / Post Danmark)

255

State aid: Commission opens in-depth investigation into capital injections in favour of PostNord and Post Danmark* The European Commission has opened an in-depth investigation to assess whether certain capital injections granted by Denmark and Sweden to PostNord and Post Danmark are in line (...)

European Commission The EU Commission opens an in-depth investigation to determine whether the public financing model of the Fehmarn Belt fixed rail-road link is in line with EU State aid rules

233

State aid: Commission opens in-depth investigation into public financing of Fehmarn Belt fixed rail-road link* The European Commission has opened an in-depth investigation to determine whether the public financing model of the Fehmarn Belt fixed rail-road link is in line with EU State aid (...)

European Commission The EU Commission opens investigation into an insurance association in Ireland to assess whether the conditions of access to its Insurance Link data pooling system may restrict competition (Insurance Ireland)

340

Antitrust: Commission opens investigation into Insurance Ireland data pooling system* The European Commission has opened a formal antitrust investigation into Insurance Ireland to assess whether the conditions of access to its Insurance Link data pooling system may restrict competition, in (...)

European Commission The EU Commission fines a multinational conglomerate company for providing incorrect information during the assessment of its merger (General Electric)

320

Mergers: Commission fines General Electric €52 million for providing incorrect information in LM Wind takeover* The European Commission has fined General Electric €52 million for providing incorrect information during the Commission’s investigation under the EU Merger Regulation of GE’s planned (...)

European Commission The EU Commission sends statements of objections to an American video game developer and five videogame publishers for “geo-blocking” of PC video games (Valve / Focus Home / Koch Media / ZeniMax / Bandai Namco / Capcom)

163

Antitrust: Commission sends Statements of Objections to Valve and five videogame publishers on “geo-blocking” of PC video games* The European Commission has informed Valve, owner of the “Steam” video game distribution platform, and five videogame publishers, of its preliminary view that the (...)

European Commission The EU Commission imposes a fine of € 1.49 billion on a search engine company for abusing its dominant position by imposing restrictive clauses in contracts with third-party websites (Google AdSense)

555

Antitrust: Commission fines Google €1.49 billion for abusive practices in online advertising* The European Commission has fined Google €1.49 billion for breaching EU antitrust rules. Google has abused its market dominance by imposing a number of restrictive clauses in contracts with third-party (...)

European Commission The EU Commission accepts remedies proposed by entertainment companies ending competition concerns in the pay-TV services market (Disney / NBC Universal / Sony Pictures / Warner Bros / Sky)

579

Antitrust: Commission accepts commitments by Disney, NBCUniversal, Sony Pictures, Warner Bros. and Sky on cross-border pay-TV services* The European Commission has made commitments offered by Disney, NBCUniversal, Sony Pictures, Warner Bros. and Sky legally binding under EU antitrust rules. (...)

European Commission The EU Commission opens an in-depth investigation to assess whether Danish and Swedish public support for a fixed rail-road link is in line with EU State aid rules (Øresund)

301

State aid: Commission opens in-depth investigation into public financing of Øresund fixed rail-road link* The European Commission has opened an in-depth investigation to assess whether Danish and Swedish public support for the Øresund fixed rail-road link is in line with EU State aid rules. This (...)

European Commission The EU Commission invites interested parties to comment on the commitments offered by two credit card companies to address competition concerns relating to inter-regional interchange fees for card payment transactions (Mastercard II / Visa)

173

Antitrust: Commission seeks feedback on commitments offered by Visa and Mastercard on inter-regional interchange fees* The European Commission is inviting comments from interested parties on commitments offered separately by Visa and Mastercard to address competition concerns relating to (...)

European Commission The EU Commission opens a formal investigation to assess whether agreements between booking system providers and airlines and travel agents restrict competition (Amadeus / Sabre)

361

Antitrust: Commission opens investigation into airline ticket distribution services* The European Commission has opened a formal investigation to assess whether agreements between booking system providers Amadeus and Sabre on the one hand, and airlines and travel agents on the other, may (...)

European Commission The EU Commission clears a merger, subject to remedies, in the markets of production and distribution of films for release in movie theatrers and distribution of content for home entertainment and licensing of films and other TV content (Fox / Disney)

250

Mergers: Commission approves Disney’s acquisition of parts of Fox, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of parts of Fox by Disney, both US based global media companies. The decision is conditional on full (...)

European Commission The EU Commission opens an in-depth investigation to assess a merger in the market of the supply of rolled copper products and sanitary copper tubes (MKM /KME)

372

Mergers: Commission opens in-depth investigation into KME’s proposed acquisition of competing copper products supplier MKM* The European Commission has opened an in-depth investigation to assess the proposed acquisition of MKM by KME, under the EU Merger Regulation. The Commission is concerned (...)

European Commission The EU Commission fines a multinational technology company for abuse of dominance by imposing illegal restrictions on device manufacturers and mobile network operators (Google Android)

608

Antitrust: Commission fines Google €4.34 billion for illegal practices regarding Android mobile devices to strengthen dominance of Google’s search engine* The European Commission has fined Google €4.34 billion for breaching EU antitrust rules. Since 2011, Google has imposed illegal restrictions (...)

European Commission The EU Commission opens a formal investigation to assess whether supply agreements between Qatari petrol companies and EU importers restrain competition (Qatar Petroleum)

494

Antitrust: Commission opens investigation into restrictions to the free flow of gas sold by Qatar Petroleum in Europe* The European Commission has opened a formal investigation to assess whether supply agreements between Qatar Petroleum companies exporting liquefied natural gas (LNG) and (...)

European Commission The EU Commission welcomes provisional agreement reached by the EU Parliament and Council concerning new rules to make national competition authorities even more effective enforcers (ECN+ Directive)

339

Commission welcomes provisional political agreement reached by European Parliament and Council on new rules to make national competition authorities even more effective enforcers* The European Commission welcomes the provisional political agreement reached today by the European Parliament and (...)

European Commission The EU Commission fines eight producers of capacitors for cartel (Elna / Hitachi Chemical / Holy Stone / Matsuo / NEC Tokin / Nichicon / Nippon Chemi-Con / Rubycon)

717

Antitrust: Commission fines eight producers of capacitors €254 million for participating in cartel* The European Commission has fined Elna, Hitachi Chemical, Holy Stone, Matsuo, NEC Tokin, Nichicon, Nippon Chemi-Con, Rubycon € 253 935 000. Together with the immunity applicant, Sanyo, they (...)

European Commission The EU Commission fines maritime car carriers and car parts suppliers in three separate cartel cases (MOL / NYK / "K" Line / Wwl-Eukor / Csav, Denso / Bosch / NGK / TRW / Continental)

819

Antitrust: Commission fines maritime car carriers and car parts suppliers a total of €546 million in three separate cartel settlements* In three separate decisions, the European Commission has fined four maritime car carriers €395 million, two suppliers of spark plugs €76 million, and two (...)

European Commission The EU Commission clears a merger subject to remedies in the global media market and rejects a referral request by the Polish Competition Authority (Discovery / Scripps)

421

Mergers: Commission approves Discovery’s acquisition of Scripps, subject to conditions; rejects referral request by Polish competition authority* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Scripps by Discovery, both US based global media (...)

European Commission The EU Commission refers Ireland before the Court of justice for failure to recover illegal tax benefits from an American multinational technology company (Apple)

157

State aid: Commission refers Ireland to Court for failure to recover illegal tax benefits from Apple worth up to €13 billion* The European Commission has decided to refer Ireland to the European Court of Justice for failing to recover from Apple illegal State aid worth up to €13 billion, as (...)

European Commission The EU Commission fines the incumbent Lithuanian railway company for abuse of dominance on the rail freight market by dismantling part of the track (Baltic Rail)

336

Antitrust: Commission fines Lithuanian Railways €28 million for hindering competition on rail freight market* The European Commission has fined Lithuanian Railways (Lietuvos geležinkeliai) an amount of €27 873 000 for hindering competition on the rail freight market, in breach of EU antitrust (...)

European Commission The EU Commission sends statements of objection to three undertakings regarding possible breach of EU merger procedural rules (Merck / Sigma-Aldric, GE / LM Wind, Canon / Toshiba Medical Systems)

374

Mergers: Commission alleges Merck and Sigma-Aldrich, General Electric, and Canon breached EU merger procedural rules* The Commission has sent three separate Statements of Objections to Merck and Sigma-Aldrich, General Electric and Canon alleging they breached EU merger rules: General Electric, (...)

European Commission The EU Commission adopts a new anonymous whistleblower tool

177

Antitrust: Commission introduces new anonymous whistleblower tool* A new tool to make it easier for individuals to alert the Commission about secret cartels and other antitrust violations while maintaining their anonymity has been launched by the European Commission today. Individuals can now (...)

European Commission The EU Commission sends a statement of objections to a social network suspected of having transmitted misleading informations concerning a merger (Facebook / WhatsApp)

223

Mergers: Commission alleges Facebook provided misleading information about WhatsApp takeover* The European Commission has sent a Statement of Objections to Facebook alleging the company provided incorrect or misleading information during the Commission’s 2014 investigation under the EU Merger (...)

European Commission The EU Commission sends a statement of objections against two airlines concerning a potentially anticompetitive codeshare agreement (Brussels Airlines / TAP Portugal)

205

Antitrust: Commission sends Statement of Objections to Brussels Airlines and TAP Portugal on code-sharing on Brussels-Lisbon route* The European Commission has informed Brussels Airlines and TAP Portugal of its preliminary view that their codeshare cooperation on passenger services between (...)

European Commission The EU Commission sends a statement of objections to an international sports association suspected to have breached EU antitrust rules (International Skating Union)

137

Antitrust: Commission sends Statement of Objections to International Skating Union on its eligibility rules* The European Commission has informed the International Skating Union (ISU) of its preliminary view that the ISU rules under which athletes face severe penalties for participation in (...)

European Commission The EU Commission clears a merger, subject to remedies, in the telecommunication market and rejects a referral request issued by the Dutch competition authority (Vodafone / Liberty Global)

155

MERGERS: COMMISSION CLEARS VODAFONE/LIBERTY GLOBAL TELECOMS JOINT VENTURE, SUBJECT TO CONDITION; REJECTS REFERRAL REQUEST BY DUTCH COMPETITION AUTHORITY * The European Commission has cleared under the EU Merger Regulation the proposed creation of a joint venture in the Netherlands by mobile (...)

European Commission The EU Commission sends a statement of objections to a technology company suspected of imposing restrictions on device manufacturers and mobile network operators (Google Android)

202

Antitrust: Commission sends Statement of Objections to Google on Android operating system and applications* The European Commission has informed Google of its preliminary view that the company has, in breach of EU antitrust rules, abused its dominant position by imposing restrictions on (...)

European Commission The EU Commission allows the early termination of commitments made by a railway power supplier, following the entry of new competitors to the market (Deutsche Bahn)

206

Antitrust: successful market opening allows early termination of commitments in Deutsche Bahn case* The European Commission has relieved Deutsche Bahn ahead of schedule from commitments made binding in December 2013, as several competitors have now entered the German railway traction current (...)

European Commission The EU Commission pursues its in-depth investigation on a merger in the mobile telecommunications services market without referral to the UK NCA (Hutchison / Telefónica UK)

111

MERGERS: COMMISSION CONTINUES INVESTIGATION OF HUTCHISON 3G / TELEFÓNICA UK MERGER WITHOUT REFERRAL TO UK* Commission does not refer investigation of Hutchison/Telefónica UK merger to UK The European Commission has decided not to refer the planned acquisition of Telefónica UKby Hutchison to the (...)

European Commission The EU Commission opens a formal investigation concerning undue tax benefits potentially granted by Luxembourg to a fast food restaurant chain (McDonald’s)

73

State aid: Commission opens formal investigation into Luxembourg’s tax treatment of McDonald’s* The Commission has opened a formal probe into Luxembourg’s tax treatment of McDonald’s. Its preliminary view is that a tax ruling granted by Luxembourg may have granted McDonald’s an advantageous tax (...)

European Commission The EU Commission approves the acquisition by rival of a data centre operator subject to the divestment of a number of data centres in Amsterdam, London and Frankfurt (Telecity / Equinix)

202

MERGERS: COMMISSION CLEARS ACQUISITION OF TELECITY BY EQUINIX, SUBJECT TO CONDITIONS* The European Commission has approved the proposed acquisition of data centre operator Telecity by rival Equinix subject to the divestment of a number of data centres in Amsterdam, London and Frankfurt. The (...)

European Commission The EU Commission clears an acquisition in the markets of oil and gas exploration, the liquefaction of gas and the wholesale supply of liquefied natural gas (BG Group / Royal Dutch Shell)

152

Commission clears acquisition of BG Group by Royal Dutch Shell* The transaction was cleared as it will not grant Shell market power in oil and gas exploration, LNG liquefaction or LNG wholesale supply. Shell will also not be able to prevent competitors from using its gas infrastructure in the (...)

European Commission The EU Commission open an in-depth investigation concerning a merger in the market of small package delivery, freight forwarding and cargo transportation services (TNT / FedEx)

214

MERGERS: COMMISSION OPENS IN-DEPTH INVESTIGATION INTO PROPOSED TNT BY FEDEX * The European Commission has opened an in-depth investigation to assess whether the proposed acquisition of TNT Express by FedEx Corporation is in line with the EU Merger Regulation. Both companies are major global (...)

European Commission The EU Commission partially refers a proposed merger to the Danish Competition Authority in the market of pig meat and clears the merger outside Denmark (Danish Crown / Tican)

65

Commission partially refers Danish Crown / Tican merger to Denmark’s competition authority; clears proposed merger outside Denmark* The European Commission has partially referred the proposed merger between Danish Crown and Tican to the Danish Competition and Consumer Authority (DCCA) at its (...)

European Commission The EU Commission launches a market test concerning the commitments proposed by an electricity provider operating on the Bulgarian wholesale electricity market (Bulgarian Energy Holding)

186

Commission market tests commitments by Bulgarian Energy Holding (BEH) concerning Bulgarian wholesale electricity market* The European Commission is inviting comments from interested parties on commitments offered by the State-owned Bulgarian Energy Holding EAD (BEH) to address competition (...)

European Commission The EU Commission opens an investigation on e-book’s distribution agreements concluded between several publishers and an electronic commerce company (Amazon)

189

Commission opens formal investigation into Amazon’s e-book distribution arrangements* The European Commission has opened a formal antitrust investigation into certain business practices by Amazon in the distribution of electronic books ("e-books"). The Commission will in particular investigate (...)

European Commission Glossary: Horizontal agreement

6093

Arrangement between actual or see definition forpotential competitors, i.e. undertakings operating at the same level of the production or distribution chain, covering for example research and development, production, purchasing or commercialisation. Horizontal agreements may restrict (...)

European Commission Glossary: Amicus curiae

846

Pursuant to Article 15(3) of Regulation 1/2003, the Commission, acting on its own initiative, may submit written observations ("amicus curiae" observations) to courts of the Member States where the coherent application of Article 101 or 102 TFEU so requires. © European Commission On this topic, (...)

European Commission Glossary: Competence

1780

European competences Mandatory application and decentralisation shift: the contributions of EC Regulation 1/2003 When EC Regulation 1/2003 came into force on 1 May 2004, the application of European law by national competition authorities (NCAs), optional until then, became compulsory. When (...)

European Commission Glossary: Concurrent jurisdiction

1951

Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. National courts play a key role in the enforcement of European competition policy. They may be called upon to apply Article 101 and/or 102 TFEU to a variety of (...)

European Commission Glossary: Direct effect

6556

The principle of direct effect enables individuals to immediately invoke a European provision before a national or European court. This principle only relates to certain European acts. Furthermore, it is subject to several conditions.The direct effect of European law is, along with the (...)

European Commission Glossary: Economic analysis

917

Economic analysis plays a growing role in competition law. In the United States, the Chicago School raised economic arguments in the 1970s in order to criticize its enforcement, considered too hostile to big companies. While economic analysis subsequently evolved in a more nuanced direction, it (...)

European Commission Glossary: Environmental protection

522

In a Communication from the Commission - Guidelines on State aid for environmental protection and energy 2014-2020 - environmental protection was defined as follow : "Any action designed to remedy or prevent damage to physical surroundings or natural resources by a beneficiary’s own activities, (...)

European Commission Glossary: European Competition Network (ECN)

2144

The European Competition Network (ECN) has been established as a forum for discussion and cooperation of European competition authorities in cases where Articles 101 and and 102 of the Treaty of the Functioning of the European Union are applied. It should ensure an efficient division of work (...)

European Commission Glossary: Individual exemption

6250

Decision of the Commission pursuant to Article 101(3) of the TFEU to exempt notified agreements between companies from the prohibition of Article 101(1) of the TFEU, on the basis of an individual assessment. In broad terms, restrictive agreements qualify for exemption if their benefits to (...)

European Commission Glossary: Geographic market

2697

The relevant geographic market comprises the area in which the undertakings concerned are involved in the supply and Remand of products or services, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas because the conditions (...)

European Commission Glossary: Anticompetitive objet or effect

8252

According to the Commission’s Guidelines on the application of Article 81(3) of the Treaty: "The distinction between restrictions by object and restrictions by effect is important. Once it has been established that an agreement has as its object the restriction of competition, there is no need (...)

European Commission Glossary: Compulsory license

2431

A compulsory licence is an authorisation given by a national authority (Minister, National Patent Office etc.) to a person for the use and exploitation of a patented product or process without the consent of the patent holder. Compulsory licensing is an exception to the main principle of patent (...)

European Commission, French Competition Authority Glossary: Fine mitigating

768

According to the European Commission’s Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003, the basic amount of fines may be reduced where the Commission finds that mitigating circumstances exist, such as: where the undertaking concerned (...)

European Commission Glossary: Investigations / inquiries

695

In order to carry out the duties assigned to it by Regulation 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, the Commission is empowered, for example, to: Send information requests to companies; In the context of an (...)

European Commission Glossary: Sole control

1742

Under the Commission Consolidated Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings, sole control is defined as follow : "Sole control is acquired if one undertaking alone can exercise decisive influence on an undertaking. Two (...)

European Commission Glossary: Request for information

958

Pursuant to Article 18 of Regulation (EC) No 1/2003 and Article 11 of Regulation (EC) 139/2004, in order to carry out the duties assigned to it by these Regulations, the Commission may, by simple request or by decision, require undertakings and associations of undertakings to provide all (...)

European Commission Glossary: Access to the file

3853

Right of natural or legal persons who are parties to a Commission investigation to see the Commission’s file, whenever the Commission proposes to adopt a decision which would be unfavourable to those parties. Access is given in the course of the administrative procedure to all the documents of (...)

European Commission, OECD Glossary: Gun jumping

10260

The notification requirement is laid down in Article 4(1) of the Merger Regulation, which states that a concentration with a Union dimension must be notified prior to its implementation. It is complemented by the standstill obligation in Article 7(1) of the Merger Regulation, which prevents (...)

European Commission Glossary: Merger (withdrawal)

1283

"A concentration ceases to exist and the Merger Regulation ceases to be applicable if the undertakings concerned abandon the concentration. In this respect, the revised Merger Regulation 139/2004 introduced a new provision related to the closure of procedures concerning the control of (...)

European Commission Glossary: Cross subsidisation

5817

Cross subsidisation means that an undertaking bears or allocates all or part of the costs of its activity in one geographical or product market to its activity in another geographical or product market. Under certain circumstances, cross subsidisation in the postal sector, where nearly all (...)

European Commission Glossary: Clearance phase II (merger)

2895

Phase II is an in-depth analysis of the merger’s effects on competition and requires more time. It is opened when the case cannot be resolved in Phase I, i.e. when the Commission has concerns that the transaction could restrict competition in the internal market. A phase II investigation (...)

European Commission Glossary: Clearance phase I (merger)

2441

After notification of the merger the Commission has 25 working days to analyse the deal during the phase I investigation. More than 90% of all cases are resolved in Phase I, generally without remedies. A phase I review may involve the following: (i) Requests for information from the merging (...)

European Commission Glossary: Boycott

2444

A collective boycott occurs when a group of competitors agree to exclude an actual or potential competitor. This practice generally constitutes a restriction by object. © European Commission

European Commission Glossary: Agency agreement

6087

An agent is a legal or physical person vested with the power to negotiate and/or conclude contracts on behalf of another person (the principal), either in the agent’s own name or in the name of the principal, for the: (i) purchase of goods or services by the principal, or (ii) sale of goods or (...)

European Commission Glossary: Referral (merger)

1602

Community jurisdiction in the field of merger control is defined by the application of the turnover-related criteria contained in Articles 1(2) and 1(3) of the Merger Regulation. When dealing with concentrations, the Commission and Member States do not have concurrent jurisdiction. Rather, the (...)

European Commission Glossary: Exclusive purchasing agreement

8800

"In exclusive purchasing agreements, the reseller agrees to purchase the contract goods only from the other party and not from any other supplier. The supplier is entitled to supply other resellers in the same sales area and at the same level of distribution. Unlike an exclusive distributor, (...)

European Commission Glossary: Ne bis in idem

2917

The ne bis in idem principle is laid down in Article 50 of the Charter of Fundamental Rights of the European Union: "No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union (...)

European Commission Glossary: Consumers protection

1073

Competition policy is about applying rules to make sure businesses and companies compete fairly with each other. This encourages enterprise and efficiency, creates a wider choice for consumers and helps reduce prices and improve quality. Low prices for all: the simplest way for a company to (...)

European Commission Glossary: Effect on trade between Member States

3246

The concept of "effect on trade" is the ground of jurisdiction which determines whether the European Union (EU) competition rules apply. It is particularly important in the new system for applying the rules, which obliges national courts and competition authorities to apply the EU competition (...)

European Commission Glossary: Annulment

1743

The action for annulment : The action for annulment is one of the actions which may be brought before the Court of Justice of the European Union. Through this action, the claimant requests the annulment of an act adopted by a European Union institution, body, office or organisation. The action (...)

European Commission Glossary: Access to essential facility

1765

"An undertaking which occupies a dominant position in the provision of an essential facility and itself uses that facility (i. e. a facility or infrastructure, without access to which competitors cannot provide services to their customers), and which refuses other companies access to that (...)

European Commission, OECD Glossary: Joint venture

16238

Association of firms or individuals formed to undertake a specific business project. Under the EU competition rules, joint ventures are undertakings which are jointly controlled by two or more other undertakings. In practice joint ventures encompass a broad range of operations, from merger-like (...)

European Commission, OECD Glossary: Cartel

45676

Arrangement(s) between competing firms designed to limit or eliminate competition between them, with the objective of increasing prices and profits of the participating companies and without producing any objective countervailing benefits. In practice, this is generally done by fixing prices, (...)

European Commission Glossary: Joint control

12549

Joint control exists where two or more undertakings or persons have the possibility of exercising decisive influence over another undertaking. Decisive influence in this sense normally means the power to block actions which determine the strategic commercial behaviour of an undertaking. Joint (...)

European Commission, OECD Glossary: Brand competition

55205

Intra-brand competition : Competition among distributors or retailers of the same branded product, be it on price or non-price terms. For example, a pair of Levi’s jeans may be sold at a lower price in a discount store as compared to a department store but often without the amenities in services (...)

European Commission, OECD Glossary: Intellectual property right

6381

General term for the assignment of property rights through, e.g., patents, copyrights or trademarks. These property rights give the holder the exclusive right to exploit the innovation. The holder thus has monopoly power on the use of the item, normally for a specified period of time and within (...)

European Commission, OECD Glossary: Abuse of dominant position

48149

Anti-competitive business practices (including improper exploitation of customers or exclusion of competitors) in which a dominant firm may engage in order to maintain or increase its position on the market. Competition Law prohibits such behaviour, as it damages true competition between firms, (...)

European Commission Glossary: Damages

809

According to the Communication from the Commission on quantifying harm in actions for damages based on breaches of Article 101 or 102 of the Treaty on the Functioning of the European Union : "Infringements of Article 101 or 102 of the Treaty on the Functioning of the European Union (“TFEU”), (...)

European Commission, OECD Glossary: Barriers to entry

37159

Barriers to entry are factors which prevent or hinder companies from entering a specific market. Entry barriers may result for instance from a particular market structure (e.g. sunk cost industry, brand loyalty of consumers to existing products) or the behaviour of incumbent firms. It is (...)

European Commission Glossary: Periodic penalty payment

6952

The Commission may by decision impose periodic penalty payments in order to compel an undertaking to stop an infringement of competition rules in accordance with an earlier decision. In such a case, a daily amount is fixed which has to be paid for every day the infringement continues after the (...)

European Commission Glossary: Vertical agreement

10414

Agreement or concerted Practice entered into between two or more undertakings each of which operates, for the purposes of the agreement, at a different level of the production or distribution chain, and relating to the conditions under which the parties may purchase, sell or resell certain (...)

European Commission, OECD Glossary: Tying or tied selling

17968

Commercial practice of conditioning the sale of one product on the purchase of another product. If tying is not objectively justified by the nature of the products or their commercial usage, such practice may restrict competition. Economic theory suggests that a firm which enjoys market power (...)

European Commission Glossary: Collecting society

6376

Association, which collects payments made by users of intellectual property rights for the holders of such rights. For instance, a radio station, playing a record for which a record company holds a copyright, has to pay a fee to a collecting society, which then transfers the payments to the (...)

European Commission Glossary: Turnover threshold (merger)

8976

The combined annual turnover of the parties is used in the field of merger control as a criterion to divide competence between Member States and the Commission. concentrations where the parties’ combined turnover exceeds the thresholds set in Article 1 of the Merger Regulation are considered to (...)

European Commission Glossary: Services of general economic interest

12051

Services of an economic nature, the provision of which can be considered to be in the general interest. For example: basic, publicly accessible supply of energy, telecommunication, postal services, transport, water and waste disposal services. The Member States are primarily responsible for (...)

European Commission Glossary: Hard core restrictions

34089

Refers to restrictions of competition by agreements or business practices, which are seen by most jurisdictions as being particularly serious and normally do not produce any beneficial effects. They therefore almost always infringe competition law. Under EU law, the most prominent examples on (...)

European Commission Glossary: Ancillary restraints

28647

Restrictions on the parties to an agreement (including an agreement to form a concentration), which do not constitute the primary object of the agreement, but are directly related to and necessary for the proper functioning of the objectives envisaged by agreement. In the field of co-operation (...)

European Commission Glossary: International competition network (ICN)

7333

A project-oriented, consensus-based, informal network of antitrust agencies from developed and developing countries. The ICN serves to share experiences and exchange views on competition issues deriving from an ever-increasing globalisation of the world economy, as well as to encourage the (...)

European Commission Glossary: Absolute territorial protection

12984

Practice by manufacturers or suppliers relating to the resale of their products and leading to a separation of markets or territories. Under absolute territorial protection, a single distributor obtains the rights from a manufacturer to market a product in a certain territory and other (...)

European Commission Glossary: Compliance programme

4107

A company’s internal policy established to ensure its complete compliance with competition rules in all its business actions. In a compliance programme the company trains its personnel on competition rules and provides them with guidance on how to avoid agreements or practices which restrict (...)

European Commission, OECD Glossary: Resale price maintenance (RPM)

44438

Agreements or concerted Practices between a supplier and a dealer with the object of directly or indirectly establishing a fixed or minimum price or price level to be observed by the dealer when reselling a product/service to his customers. A provision which foresees resale price maintenance (...)

European Commission, OECD Glossary: Predatory pricing

25396

A (deliberate) strategy, usually by a dominant firm, of driving competitors out of the market by setting prices below production costs. If the predator succeeds in driving existing competitors out of the market and in deterring future entry of new firms, he can subsequently raise prices and (...)

European Commission Glossary: Concerted practices

38333

Co-ordination between undertakings which, without having reached the stage of concluding a formal agreement, have knowingly substituted practical co-operation for the risks of competition. A concerted practice can be constituted by direct or indirect contact between firms whose intention or (...)

European Commission, OECD Glossary: Market power

31213

Strength of a firm on a particular market. In basic economic terms, market power is the ability of firms to price above marginal cost and for this to be profitable. In competition analysis, market power is determined with the help of a structural analysis of the market, notably the calculation (...)

European Commission Glossary: Buyer power

18019

Ability of one or more buyers, based on their economic importance on the market in question, to obtain favourable purchasing terms from their suppliers. Buyer power is an important aspect in competition analysis, since powerful buyers may discipline the pricing policy of powerful sellers, thus (...)

European Commission Glossary: Complaint

7111

Request by a natural or legal person who claims a legitimate interest asking the Commission to investigate an alleged infringement of EU competition law and to bring it to an end. Formal complaints oblige the Commission to act (either to find that there is an infringement or to reject the (...)

European Commission, OECD Glossary: Market share

13754

Measure for the relative size of a firm in an industry or market, in terms of the proportion of total output, sales or capacity it accounts for. In addition to profits, one of the frequently cited business objectives of firms is to increase market share. This is because market share, economies (...)

European Commission, OECD Glossary: Merger (notion)

17080

An amalgamation or joining of two or more firms into an existing firm or to form a new firm. A merger is a method by which firms can increase their size and expand into existing or new economic activities and markets. A variety of motives may exist for mergers: to increase economic efficiency, (...)

European Commission, OECD Glossary: Oligopoly

18622

A market structure with few sellers, who realise their interdependence in taking strategic decisions, for instance, on price, output and quality. In an oligopoly, each firm is aware that its market behaviour will distinctly affect the other sellers and their market behaviour. As a result, each (...)

European Commission Glossary: Nullity

4918

Under Article 101(1) TFEU agreements between undertakings which restrict competition and may affect trade between Member States are prohibited. According to Article 101(2) TFEU they are void unless they are exempted from the prohibition under certain conditions laid down in Article 101(3) TFEU. (...)

European Commission Glossary: Notification

8872

Formal information which firms provide to the Commission under EU merger law in certain situations. The Merger Regulation obliges undertakings to notify any concentration of Community dimension to the Commission on the basis of form CO, normally within one week of the conclusion of the (...)

European Commission Glossary: Single branding

17379

This term covers both non-compete obligations and quantity forcing. A non-compete obligation is an obligation or incentive scheme in a supply or distribution agreement which causes the buyer not to manufacture, purchase, sell or resell products which compete with the contract products or to (...)

European Commission Glossary: Interim measures

10383

Conservatory measures imposed on firms by the Commission in relation to a competition case, in which a final decision on the substance has not been reached yet, in order to avoid that anti-competitive behaviour leads to irreversible damage before being sanctioned. Interim measures may be taken (...)

European Commission Glossary: Remedies (antitrust)

16061

When the Commission decides to pursue a case, it will most likely adopt one of the following two types of decision. The first is formally to find an infringement pursuant to Article 7 of Regulation (EC) No 1/2003 on the implementation of Articles 101 and 102 of the Treaty ("Regulation 1/2003"). (...)

European Commission Glossary: State measure

2949

Law, ministerial decree, decision or other administrative act adopted by a Member State. A Member State’s omission to act may also constitute a measure. The Commission may start infringement proceedings if state measures taken in relation to public undertakings and undertakings to which Member (...)

European Commission, OECD Glossary: Relevant market

68664

The definition of a relevant market is a tool to identify and define the boundaries of competition between firms. It allows to establish the framework within which competition policy principles are applied by the Commission. The main purpose of market definition is to identify in a systematic (...)

European Commission, OECD Glossary: Bid rigging

32118

Particular form of co-ordination between firms which can adversely affect the outcome of any sale or purchasing process in which bids are submitted. For example, firms may agree their bids in advance, deciding which firm will be the lowest bidder. Alternatively, they may agree not to bid or to (...)

European Commission Glossary: Trustee (mergers)

4774

A legal or natural person appointed in merger cases to oversee the implementation of commitments and to contribute to their implementation where required. The trustee is appointed by the parties who have offered commitments the Commission with the Commission’s approval. His powers and duties are (...)

European Commission, OECD Glossary: Franchising

8895

A special type of agreement whereby one undertaking (the franchisor) grants to the other (the franchisee), in exchange for direct or indirect financial consideration, the right to exploit a package of industrial or intellectual property rights (franchise) for the purposes of producing and/or (...)

European Commission Glossary: Non-competition clause

21144

Contractual clause bringing about a direct or indirect obligation causing the parties to an acquisition agreement, or at least one of them, not to manufacture, purchase, sell or resell independently goods or services which compete with the contract goods or services. Such an obligation on the (...)

European Commission Glossary: Leniency

13723

General term for the total or partial reduction of fines applied to firms that co-operate with antitrust authorities in cartel investigations. The current leniency programme of the Commission is the 2006 Notice on immunity from fines and reduction of fines in cartel cases, as amended in 2015. © (...)

European Commission Glossary: Parallel imports (parallel trade)

24385

Trade in products which takes place outside the official distribution system set up by a particular firm. Through their own distribution system, firms may cause differences in prices for different countries, exploiting national differences in the behaviour of consumers. Parallel traders buy (...)

European Commission Glossary: De minimis notice

16547

Communication from the Commission clarifying under what conditions the impact of an agreement or practice on competition within the common market can in its view be considered to be non-appreciable, namely where the aggregate market share of the undertakings involved remains below certain (...)

European Commission Glossary: Exclusive distribution

30030

Distribution system, in which a company grants exclusive rights on its products or services to another company. The most common forms include single branding and/or exclusive territory rights, whereby a single distributor obtains the right to market a supplier’s product in a specific territory. (...)

European Commission Glossary: Selective distribution

42522

Distribution system whereby a supplier enters into (vertical) agreements with a limited number of selected dealers in the same geographic area. Selective distribution agreements, on the one hand, restrict the number of authorised distributors. On the other hand, they prohibit sales to (...)

European Commission Glossary: Spill-over effects

12715

Side effects of an agreement or a merger between two or several firms which affect competition between them in another relevant market than the one covered by the agreement or the merger in question. Spill-over effects are referred to in Article 2(4) of the Merger Regulation, which concerns the (...)

European Commission Glossary: Public undertaking

10704

An undertaking over which the public authorities directly or indirectly exercise dominant influence by virtue of their ownership, financial participation, or the rules which govern it. A dominant influence of public authorities is in particular presumed when they: a) hold the major part of the (...)

European Commission Glossary: Undertaking (notion)

17566

For the purpose of EU antitrust law, any entity engaged in an economic activity, that is an activity consisting in offering goods or services on a given market, regardless of its legal status and the way in which it is financed, is considered an undertaking. To qualify, no intention to earn (...)

European Commission Glossary: Exhaustion

4616

Intellectual property rights (IPRs) such as patents and trademarks give the developer certain exclusive rights over the exploitation of his work, such as in production and commerce. However, within the EU, the exclusive right cannot be used to artificially split up the common market along (...)

European Commission Glossary: Block exemption (Regulation)

31944

Regulations, issued by the Commission or by the Council pursuant to Article 101(3) TFEU specifying the conditions under which certain types of agreements are exempted from the prohibition of restrictive agreements laid down in Article 101(1) TFEU. When an agreement fulfils the conditions set (...)

European Commission, OECD Glossary: Extra-territoriality

9920

Term normally used to describe the exercise by a sovereign state of jurisdiction over foreigners in respect of acts done outside the borders of that state. One could say that - in a very broad sense - the EU applies its competition rules in an extra-territorial manner when it makes use of the (...)

European Commission Glossary: Essential facility

16988

Facility or infrastructure which is necessary for reaching customers and/or enabling competitors to carry on their business. A facility is essential if its duplication is impossible or extremely difficult due to physical, geographical, legal or economic constraints. Take for example a national (...)

Send a message