SGEI and competition law

Anticompetitive practices

The Dutch Competition Authority publishes its market study into the access for "Mobility as a Service" providers to public transportation services in the Netherlands
Bird & Bird (The Hague)
,
Bird & Bird (Amsterdam)
On 8 March 2021, the Authority for Consumers & Markets (‘ACM’) published its market study into the access for Mobility as a Service (‘MaaS’) providers to public transportation services in the Netherlands. A MaaS platform integrates various methods of transport across different providers which (...)

The Finnish Competition Authority finds that the arrangement of social welfare and health care services in Savitaipale municipality violated the laws on public procurement (Eksote / Kiinteistö Oy Savitapaleeen Vuokratalot)
Finnish Competition and Consumer Authority (Helsinki)
FCCA finds that the arrangement of social welfare and health care services in Savitaipale violated the Act on Public Procurement* According to a decision issued by the Finnish Competition and Consumer Authority (FCCA) on 7 October 2020, the Joint Municipal Authority of Social Welfare and (...)

The Indian Competition Appellate Tribunal upholds the Competition Authority’s decision against 4 public insurance companies but reduces fines to avoid overburdening the taxpayers (National Insurance / New India Insurance / Oriental Insurance / United India Insurance)
Vaish Associates Advocates (New Delhi)
COMPAT upholds CCI order against four Insurance Companies, but reduces penalty* COMPAT vide order dated December 09, 2016 has upheld CCI order dated July 10, 2015 passed under section 27 of the Act against Public Sector Insurance Companies for bid-rigging while reducing the penalty from Rs. (...)

Dominance

The German Competition Authority accepts a postal service company’s commitments to end its discount system for the dispatch of newspapers and magazines (Deutsche Post)
Ashurst (Frankfurt)
,
Ashurst (Munich)
On 26 February 2021, the German Federal Cartel Office ("FCO") closed its six-year investigation into Deutsche Post AG ("DPAG") after securing commitments in connection with practices relating to the dispatch of newspapers and magazines. The FCO suspected that DPAG had abused its dominant (...)

The Italian Competition Authority fines a plastic supply chain consortium €27 million for abuse of dominant position in the recovery of pet plastic packaging (Corepla)
Italian Competition Authority (Rome)
ICA: sanction of €27 million to Corepla for abuse of dominant position in the recovery of pet plastic packaging* The Authority has found that the consortium has impeded competition and innovation in the services aimed at the recovery and recycling of pet bottles for food use The Competition (...)

The Belgian Competition Authority imposes interim measures on a broadcaster in order to ensure the continuity of the FM broadcasts in the execution of its public service mission (Norkring)
Belgian Competition Authority (Brussels)
The Competition College of the BCA imposed an interim measure on Norkring België* On 22 January 2019, the Competition College of the Belgian Competition Authority (BCA) imposed an interim measure on NV Norkring België (Norkring) in order to ensure the continuity of the FM broadcasts of VRT in (...)

The Indian Competition Authority fines a local development authority for abuse of dominance in the market for affordable housing (Satyendra Singh / Ghaziabad Development Authority)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty on Ghaziabad Development Authority (‘GDA’) for abuse of dominant position in Ghaziabad* By way of an order dated February 28, 2018, the CCI imposed penalty on GDA for abusing its dominant position in the relevant market of “provision of services for development and sale of (...)

The Indian Competition Authority opens investigation into abuse of dominance by a local development authority in the market for affordable housing (Satyendra Singh / Ghaziabad Development Authority)
Vaish Associates Advocates (New Delhi)
CCI initiates investigation against Ghaziabad Development Authority (GDA)* CCI by its order dated February 2, 2017 has initiated investigation against GDA for abuse of dominant position in relation to arbitrarily increasing price for sale of residential flats for economically weaker section in (...)

The Higher Regional Court of Düsseldorf rejects an appeal lodged by the German incumbent postal services operator, against a decision of the Federal Cartel Office in an abuse of dominance case (Deutsche Post)
Van Bael & Bellis (Brussels)
In a recently published decision of 6 April 2016, the Higher Regional Court of Düsseldorf (“Court”) rejected an appeal lodged by Deutsche Post AG (“DPAG”), Germany’s incumbent postal services operator, against a decision of the German Federal Cartel Office (“FCO”). By decision of 2 July 2015, the FCO (...)

Mergers

The Italian Competition Authority applies a COVID-19 related provision to clear a merger in the postal sector (Poste Italiane / Nexive) Free
Van Bael & Bellis (Brussels)
On 22 December 2020, the Italian Competition Authority (“ICA”) cleared the incumbent postal firm Poste Italiane’s (“PI”) acquisition of the sole control over its main rival Nexive Group (“Nexive”). The ICA did not apply the usual merger control rules in this case, but rather cleared the transaction (...)

The French Ministry of Economy clears “Phase III” review and imposes commitment to maintain employment (Cofigeo / Agripole)
Van Bael & Bellis (Brussels)
On 19 July 2018, the French Ministry of Economy (“Ministry”) announced a revised clearance of Cofigeo’s acquisition of the ready meals business of Agripole. This is the first time in the history of French merger control that the Ministry has reviewed a transaction on public interest grounds under (...)

The French Government reviews deal on public interest grounds for first time (Financière Cofigeo / Agripole group)
Van Bael & Bellis (Brussels)
On 14 June 2018, the French Ministry of Economy announced its intention to carry out, for the first time, a public interest review of Cofigeo’s acquisition of the ready meals business of Agripole. In addition to a standard merger review by the French competition authority (“FCA”), French law (...)

State Aids

The EU General Court examines several measures in favour of postal services that are classified as services of general economic interest (ITD / Brancheorganisation / Danske Fragtmænd)
College of Europe (Bruges)
Compensation for Universal Service Provision* Introduction The rules on State aid for services of general economic interest [SGEI] are very generous because they allow both investment and operating aid. Yet, it is not easy to comply with those rules because the calculation of the compensation (...)

The EU Commission approves German nation-wide scheme to support the deployment of Gigabit networks in Germany
DG COMP (Brussels)
State aid: Commission approves German nation-wide scheme to support deployment of Gigabit networks in Germany* The European Commission has approved, under EU State aid rules, a German scheme to support the deployment of very high capacity broadband networks offering Gigabit speeds in Germany. (...)

The EU Court of Justice leaves intact the Commission’s finding that e-procurement is a service of general interest which can be commercially exploited insofar as the State does not offer the service itself (TenderNed)
University of Bristol - Law School
In its Judgment of 7 November 2019 in Aanbestedingskalender and Others v Commission, C-687/17 P, EU:C:2019:932 (the ‘TenderNed’ case), the Court of Justice of the European Union (CJEU) rejected the appeal against the earlier Judgment of the General Court (GC) of 28 September 2017 (T-138/15, (...)

The EU Court of Justice rules, upon request for a preliminary ruling, whether the Lithuanian scheme for the provision of public interest services in the electricity sector and of its financing scheme must be regarded as State aid (Achema / Orlen Lietuva / Lifosa / VKEKK)
DG ENERGY (Luxembourg)
The judgment of the Court of 15 May 2019 in case C-706/17, delivered upon a request for a preliminary ruling from the Supreme Administrative Court of Lithuania (“Achema”), replicates the analysis which was previously established in Association Vent de Colère!. The judgment in Achema thus follows (...)

The EU General Court holds that a change in the method of funding public broadcasting does not constitute an alteration of an existing aid measure that would require notification to the Commission (Stichting Woonlinie / Stichting Woonpunt)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission approves the compensation provided by the UK to the incumbent postal operator for the extra costs of the public services provided for the 2018 - 2021 period (Post Office Limited)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice annuls a Commission decision due to the lack of motivation in the assessment of the selectivity criteria in the determination of the compatibility of an aid (Comunidad Autónoma de Galicia and Retagal)
Van Bael & Bellis (Brussels)
* Article published on StateAidHub.eu Blog (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission qualifies an airport as SGEI and rules that the related compensation is a compatible State aid (Inverness Airport)
Giannino SI (Monserrato)
* Article published on StateAidHub.eu Blog (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court affirms a Commission decision that compensation for public services and a capital increase granted by Sardinia to a maritime company is aid incompatible with the internal market (Regione autonoma della Sardegna)
College of Europe (Bruges)
* Article published on StateAidHub (click here). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no relationships with a party or related third party. Article will need (...)

The EU Court of Justice considers the relationship between the Altmark judgment and Article 106(2) TFEU (Viasat Broadcasting)
College of Europe (Bruges)
* Article published on StateAidHub.eu Blog (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice concludes that the conditions laid down in the Altmark judgment are relevant for determining whether a measure constitutes state aid (Viasat Broadcasting)
Van Bael & Bellis (Brussels)
On 8 March 2017, the European Court of Justice (“ECJ”) handed down its judgement on appeal in case C-660/15 P, Viasat Broadcasting UK (“Viasat”) Ltd v European Commission. The case concerns aid granted to the Danish public broadcaster TV2/Danmark for the execution of public service obligations. In (...)

The EU General Court upholds a Commission decision that a French ferry company received incompatible aid which must be recovered, and clarifies the definition of a service of general economic interest (SNCM)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Court of Justice rules on the temporal scope of secondary instruments applied to assess the compatibility of a State aid (Jørgen Andersen)
Maastricht University
Case C-303/13 P European Commission v Jørgen Andersen* In this post I will analyse a particular aspect of State aid law: the temporal scope of secondary instruments applied to assess the aid’s compatibility. The case at hand deals in particular with Regulation (EEC) 1191/69, which originally (...)

The EU Commission finds that Dutch subsidies for the acquisition of land for nature conservation are compatible with State aid (Nature land)
College of Europe (Bruges)
Nature Conservation as a Service of General Economic Interest* Public funding of non-economic activities does not create State aid problems when any related economic activities are clearly separated. The 2012 SGEI package can apply retroactively. Introduction Member States of the European (...)

The EU Commission finds a measure aimed at helping public hospitals not to constitute State aid because it did not affect the trade between member States (Hradec Králové Region)
College of Europe (Bruges)
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court explains that the fact that undertakings are obliged by law to comply with certain tests does not justify the subsidisation of their costs with public funds (Belgium)
College of Europe (Bruges)
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court holds that compensation for structural disadvantages encumbering undertakings is still State aid except if it satisfies the Altmark criteria (France)
College of Europe (Bruges)
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission explains that public funding does not have to satisfy the very strict Altmark criteria in order to be authorised if it complies with the relevant regulation or guidelines (Stretto airport)
College of Europe (Bruges)
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court holds that environmental harm does not make State aid incompatible with the internal market (Castelnou Energía)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission explains that a system which is predominantly based on solidarity does not become economic in nature when operators have a small degree of discretion to compete on quality and to make profit from efficient provision of services (Spoločná zdravotná poisťovňa)
College of Europe (Bruges)
* Article published on State Aid Hub (click here), republished in e-Competitions with the courtesy of the author(s). The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission reminds Member States of mistakes they can avoid when they compensate operators on whom they impose public service obligations (Dublin Bus / Irish Bus)
College of Europe (Bruges)
Public Service Obligations: A Few More Mistakes that Can Be Avoided* Even efficient companies will fail the 4th Altmark criterion if their costs are not proven to be comparable to those of a typical and well-equipped undertaking. Public funding of infrastructure is not State aid to users only (...)

The EU Commission accepts a nuclear power station funding scheme after getting the State to renegotiate the terms of the contract (Hinkley Point C)
University of Sussex (Brighton)
State Aid for Nuclear Power: No Thanks! Maybe? Yes Please!* The Commission’s decision on the Hinkley Point C nuclear power station of 8th October 2014 and what this might mean for the approach to nuclear energy... In 2014, the European Commission adopted new Guidelines on State aid for (...)

The EU Commission finds that some aid measures granted in support of a French airport are compatible, while others are not and must be recovered (Nîmes-Uzès-Le Vigan)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court pushes for overcompliance with EU public procurement rules in the provision of public services (Zweckverband)
University of Bristol - Law School
The GC pushes for overcompliance with EU public procurement rules in the provision of public services (T-309/12)* In its Judgment in Zweckverband Tierkörperbeseitigung v Commission, T-309/12, EU:T:2014:676, the GC has assessed the compatibility with EU State aid rules of a system of financial (...)

The EU General Court refuses to find the Altmark criteria fulfilled and reminds that Member States have discretion to define what they consider as an SGEI but only after having identified market gaps (Zweckverband)
College of Europe (Bruges)
* Article published on Lexxion State Aid Blog (click here), republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court decides in two cases on the compatibility with internal market principles of a tax partially funding a state aid (Telefonica / DTS)
College of Europe (Bruges)
* Article published on Lexxion State Aid Blog (click here), republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The Czech Supreme Court confirms the duty of national courts to enforce EU State aid rules (NH Hospital / Central Bohemian Region)
Skils (Prague)
On 25 June 2014, the Supreme Court cancelled preceding decisions by the High Court in Prague (Ref. No. 3 Cmo 289/2011-142 of 29 December 2011) and by the Municipal Court in Prague (Ref. No. 32 Cm 128/2010-131 of 13 June 2011) and remanded the case back for further proceedings before the (...)

Procedures

The Bulgarian Supreme Administrative Court confirms Commission’s decision ordering for a transportation company to suspend operations in Bulgaria for immediate enforcement (Uber)
Mondelez (Sofia)
On September 23, 2015 the five-member panel of the Bulgarian Supreme Administrative Court confirmed the decision of the Commission on Protection of Competition for immediate enforcement of the decision ordering for Uber to suspend operations in Bulgaria. On June 30, 2015, the CPC adopted its (...)

Regulations

The New Zealand Competition Authority releases its final decision on its approach to determining the value of the financial loss asset for fibre service providers under the fibre regulatory regime
New Zealand Commerce Commission (Wellington)
Commission completes input methodologies by finalising approach to valuing fibre providers’ financial loss* The Commerce Commission has released its final decision on its approach to determining the value of the financial loss asset for fibre service providers under the new fibre regulatory (...)

The Australian Competition Authority grants authorisation to the first national voluntary battery stewardship scheme (Battery Stewardship Council)
Australian Competition and Consumer Commission (Canberra)
Voluntary battery stewardship scheme granted authorisation* The Battery Stewardship Council (BSC) will be able to establish and operate a national scheme for managing expired batteries under an authorisation granted by the ACCC. BSC was formed in 2018 with the primary goal of establishing a (...)

The US DoJ issues positive Business Review Letter to drug wholesale company and announces it will not challenge collaborative efforts in procuring healthcare supplies used to treat COVID-19 patients (AmerisourceBergen) Free
US Department of Justice - Antitrust Division (Washington)
Justice Department Issues Business Review Letter to AmerisourceBergen Supporting Distribution of Critical Medicines Under Expedited Procedure for COVID-19 Pandemic Response* The Department of Justice announced today that it will not challenge collaborative efforts of AmerisourceBergen (...)

The EU Court of Justice rules on the possibility for a contracting authority to impose minimum wage special conditions on businesses tendering for public contracts (Regiopost)
Norton Rose Fulbright (London)
,
Norton Rose Fulbright (London)
Introduction When can a contracting authority impose minimum wage special conditions on businesses tendering for public contracts? On 17 November 2015, the Court of Justice of the EU (CJEU) delivered its judgment in Regiopost v Stadt Landau (Regiopost), a landmark ruling which could have (...)

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues