COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION Report on Competition Policy 2022
Date: 2023-04-04
Institutions: Directorate-General for Competition, European Commission
Subjects: EU competition policy, State aid, anti-trust legislation, control of State aid, control of restrictive practices, coronavirus disease, epidemic, merger control, restriction on competition, territorial dispute

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 4.4.2023  SWD(2023) 76 final  COMMISSION STAFF WORKING DOCUMENT                                 Accompanying the document REPORT FROM THE COMMISSION  Report on Competition Policy 2022 {COM(2023) 184 final}  
 
 
CONTENTS 

INTRODUCTION ...................................................................................................................... 3 
I.  LEGISLATION AND POLICY DEVELOPMENTS ........................................................ 3 
1.  Antitrust and cartels ......................................................................................................... 3 
1.1. Review of antitrust rules and guidance ........................................................................ 5 
1.2. Important cartel judgments by the Courts of the European Union .............................. 8 
1.3. The fight against cartels remains a top priority ......................................................... 13 
1.4. Cooperation within the European Competition Network and with national courts ... 15 
2.  Merger control ................................................................................................................ 18 
2.1. Recent enforcement trends ......................................................................................... 18 
2.2.  The  evaluation  of  selected  procedural  and  jurisdictional  aspects  of  EU  merger 
control ............................................................................................................................... 20 
2.3. Market definition notice ............................................................................................. 20 
2.4. Significant judgments by EU courts in merger control ............................................. 21 
3.  State aid control .............................................................................................................. 22 
3.1.  Temporary  Crisis  Framework  for  State  Aid  measures  to  support  the  economy 
following the aggression against Ukraine by Russia ........................................................ 23 
3.2. Temporary Framework for State aid measures to support the economy in the current 
COVID-19 outbreak.......................................................................................................... 24 
3.3. Recovery and Resilience Facility (RRF) ................................................................... 25 
3.4. Aid for horizontal objectives ..................................................................................... 25 
3.5. Significant judgments by the European Union Courts in the State aid area .............. 33 
4.  Developing the international dimension of EU competition policy ............................ 37 
4.1.  Regulation  on  foreign  subsidies  distorting  the  internal  market  –  a  new  tool  to 
safeguard the level playing field in the internal market .................................................... 37 
4.2. Multilateral relations .................................................................................................. 37 
4.3. Bilateral relations ....................................................................................................... 38 
5.  Supporting EU Competition Law Enforcement........................................................... 40 
5.1. Digital Transformation............................................................................................... 40 
5.2. Single Market Programme ......................................................................................... 41 
5.3. External Communication and Advocacy ................................................................... 42 
5.4. Analysis of the benefits of EU Competition Law enforcement for citizens .............. 43 
II. SECTORAL OVERVIEW .................................................................................................. 45 
1.  Energy & environment ................................................................................................... 45 
1.1 Overview of key challenges in the sector ................................................................... 45 
1.2 Effective competition in the green economy .............................................................. 46 
1.3 Secure Energy Supply ................................................................................................. 51 
1.4 Effective competition in energy markets .................................................................... 51 
Information and Communication Technologies and media........................................ 52 
2.1 Overview of key challenges in the sector ................................................................... 52 
2.2 Contribution of EU competition policy to tackling the challenges............................. 52 
3.  Financial services ............................................................................................................ 62 
3.1 Overview of key challenges in the sector ................................................................... 62 

2. 

1 

 
 
3.2 Contribution of EU competition policy to tackling the challenges............................. 64 
4.  Taxation and State aid .................................................................................................... 69 
4.1 Overview of key challenges on tax evasion and avoidance and fiscal aid ................. 69 
4.2 The Contribution of EU competition policy to tackling the challenges ..................... 70 
5.  Basic industries and manufacturing ............................................................................. 73 
5.1 Overview of key challenges in the sector ................................................................... 73 
5.2 Contribution of EU competition policy to tackling the challenges............................. 73 
6.  Agri-food sector ............................................................................................................... 76 
6.1. Overview of key challenges in the sector .................................................................. 76 
6.2. EU competition policy’s contribution to tackling the challenges .............................. 77 
7.  Pharmaceutical and health services sectors ................................................................. 81 
7.1 Overview ..................................................................................................................... 81 
7.2 Contribution of EU competition policy ...................................................................... 81 
8.  Transport, tourism, and postal services ........................................................................ 84 
8.1 Overview ..................................................................................................................... 84 
8.2 Contribution of EU competition policy ...................................................................... 84 
ANNEX 1. ................................................................................................................................ 94 
ANNEX 2 ............................................................................................................................... 105 
ANNEX 3 ............................................................................................................................... 107 
ANNEX 4 ............................................................................................................................... 117 

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INTRODUCTION 

The  present  Staff  Working  Document  is  composed  of  two  parts.  The  first  part  presents  the 
main  legislative  and  policy  developments  in  2022  across  the  three  competition  instruments: 
Antitrust (including cartels), mergers and State aid. In the second part, specific enforcement 
actions are detailed in a sectoral overview. 

I. 

LEGISLATION AND POLICY DEVELOPMENTS 

1. 

ANTITRUST AND CARTELS 

Articles 101, 102 and 106 TFEU 
According  to  Article  101  TFEU,  anti-competitive  agreements  are  prohibited  as  incompatible  with  the  internal 
market.  Article  101  TFEU  prohibits  agreements  with  an  anti-competitive  object  or  effects  where  companies 
coordinate  their  behaviour  instead  of  competing  independently.  However,  even  if  a  horizontal  or  a  vertical 
agreement could be viewed as restrictive it might be allowed under Article 101(3) TFEU if it ultimately fosters 
competition (for example by promoting technical progress or by improving distribution).  

Article 102 TFEU prohibits abuse of a dominant position. It is not in itself illegal for an undertaking to be in a 
dominant position or to acquire such a position. Dominant undertakings, as any other undertaking in the market, 
are entitled to compete on the merits. However, Article 102 TFEU prohibits the abusive behaviour by dominant 
undertakings  that,  for  example,  directly  or  indirectly  impose  unfair  purchase-  or  selling  prices  or  other  unfair 
trading conditions.  

Finally, Article 106 TFEU prevents Member States from enacting or maintaining in force measures contrary to 
the  Treaty  rules  regarding  public  undertakings  and  undertakings  to  which  Member  States  grant  special  or 
exclusive rights. 

Preserving  market  discipline  to  secure  the  functioning  of  the  Single  Market  is  essential 
especially  in  times  of  crisis.  Effective  enforcement  of  the  EU  competition  rules  is  of  vital 
importance to the digital transformation of the EU economy and a resilient recovery after the 
pandemic;  antitrust  enforcement  can  contribute  in  tearing  down  remaining  barriers  to  the 
Single Market and eliminating restrictions in the development of clean technologies and  the 
free flow of resources necessary for the circular economy and the objectives of the European 
Green  Deal.  The  present  Staff  Working  Document  highlights  the  recent  antitrust  and  cartel 
decisions,  while  the  graphs  below  give  an  overview  of  antitrust  enforcement  activity  in  the 
past ten years, including also decisions rejecting complaints1.  

Alongside  enforcement,  reforms  are  also  crucial  to  ensure  competition  policy  is  fully 
effective: the Commission advanced on its review agenda encompassing a large number of its 
key block exemption regulations, guidelines and notices as well as moved forward the work 
on a number of ongoing initiatives to ensure fair competition in the single market. 

1  Cases  AT.39999,  Concurrence/Samsung;  AT.40629,  Services  postaux;  AT.40626,  Strutture  Trasporto  Alto  Adige 
S.p.A. and Trenitalia S.p.A.; AT.40562, Polish biodiesel supplies; AT.40665, Toyota; AT.40609, Polish fuel app and 
AT.40758, Minerva. 

3 

 
 
 
 
                                                 
Figure 1: Antitrust and cartel decisions 2013-2022  

18

16

14

12

10

8

6

4

2

0

1
2

1

3

3

4

1

1
6

2

8

4

2

17

Cartel Prohibition (Normal)

1
4
1

3

3

5

2

1
5
1

4

2

4

3

1

2

4

4

1

5

1

8

1

2

1

2

2

6

2

1

3

1
0

3

3

1

3

7

2

1

2

2

1
1

3

1

3

3

1

Cartel Prohibition (Hybrid)

Cartel Prohibition
(Settlement)
Antitrust Prohibition

Antitrust Prohibition
(Cooperation)
Antitrust Commitment

Re-adoption decisions are 
included in the graph: two in 
2017, one in 2019, one in 
2020, two in 2021 and one in 
2022.

Source: Directorate-General 
for Competition

2013

2014

2015

2016

2017

2018

2019

2020

2021

2022

Figure 2: Rejection of complaints 2013 – 2022 

20

18

16

14

12

10

8

6

4

2

0

Rejection of complaint decisions

19

12

2

5

4

9

7

5

3

2

2013

2014

2015

2016

2017

2018

2019

2020

2021

2022

Source: Directorate-General for Competition

4 

 
 
 
 
 
1.1. Review of antitrust rules and guidance 

1.1.1. Evaluation of antitrust procedural rules 

In  March  2022,  the  Commission  announced  the  evaluation  of  its  antitrust  procedural  rules, 
Regulation 1/20032 and its implementing regulation, Regulation 773/20043. The Commission, 
national  competition  authorities  (‘NCAs’),  lawyers,  businesses  and  other  stakeholders  have 
now  had  almost  20  years  of  practice  and  experience  in  the  application  of  these  regulations. 
Given  the  changes  to  the  economic  landscape  that  have  taken  place  over  the  past  20  years, 
such as the digitisation of the global economy, an evaluation was considered timely. 

On 30 June 2022, the Commission launched a public consultation, with the aim of collecting 
in-depth  and  high  quality  evidence  that  will  provide  a  basis  for  the  assessment  of  the 
performance  of  the  antitrust  procedural  framework4.  This  consultation  closed  on  6  October 
2022. As part of the evaluation process, the Commission is also commissioning an evaluation 
support study, organising workshops on specific topics that will come out of the consultation 
process and engaging with NCAs. The objective is to publish a Staff Working Document with 
the results of the evaluation process by mid-2024. 

1.1.2. Informal guidance and COVID-19 related guidance 

The Commission’s revised Notice on informal guidance adopted on 3 October 20225 updates 
the circumstances in which the Commission would consider issuing informal guidance letters 
on the application of EU competition rules to undertakings facing genuine uncertainty about 
the legality of their actions. The previous Notice from 20046 adopted a strict approach, which 
limited  the  circumstances  in  which  the  Commission  could  provide  informal  guidance,  and 
was never used for that reason.  

The revised Notice introduces more flexible conditions to enable the Commission to use this 
tool to the benefit of legal certainty, especially for those undertakings involved in emerging 
ways  of  doing  business  or  those  facing  crisis  and  emergency  situations.  Whilst  the 
Commission  will  use  its  discretion  to  decide  how  and  when  to  provide  guidance  in  each 
specific case, it is ready to engage and will ensure that its guidance reflects today’s needs and 
business realities.   

In light of the relative improvement of the sanitary situation in Europe and the relaxation of 
restrictions,  the  Commission  has  also  withdrawn  the  Temporary  Framework  for  assessing 

2 Council Regulation (EC) No 1/2003 of 16.12.2002 on the implementation of the rules on competition laid down in 
Articles 81 and 82 of the Treaty, OJ L, 4.1.2003, p. 1. 
3  Commission  Regulation  (EC) No  773/2004 of  7.4.2004  relating  to  the  conduct of  proceedings  by  the  Commission 
pursuant to Articles 81 and 82 of the EC Treaty, OJ L 123, 27.4.2004, p. 18. 
4 See: https://competition-policy.ec.europa.eu/antitrust/legislation/regulation-12003_en  
5 Commission Notice on informal guidance relating to novel or unresolved questions concerning Articles 101 and 102 
of  the  Treaty  on  the  Functioning  of  the  European  Union  that  arise  in  individual  cases  (guidance  letters),  OJ  C  381, 
4.10.2022, p. 9. 
6 Commission Notice on informal guidance relating to novel questions concerning Articles 81 and 82 of the EC Treaty 
that arise in individual cases (guidance letters), OJ C 101, 27.4.2004, p. 78.   

5 

 
                                                 
antitrust issues related to business cooperation in response to situations of urgency stemming 
from the current COVID-19 outbreak7.  

1.1.3. Guidance on vertical agreements 

The Commission finalised its impact assessment for the revision of the 2010 Vertical Block 
Exemption  Regulation8,  together  with  the  2010  Guidelines  on  Vertical  Restraints9,  after 
conducting  an  additional  targeted  consultation  on  draft  guidance  relating  to  information 
exchange  in  the  context  of  dual  distribution  in  February  2022  and  publishing  the  results 
together with an expert report on that topic10. 

On  10  May  2022,  the  Commission  adopted  the  new  Vertical  Block  Exemption  Regulation 
(‘VBER’)11, accompanied by the Guidelines on Vertical Restraints (‘Vertical Guidelines’)12. 
The VBER, together with the Vertical Guidelines, entered into force on 1 June 2022.  

The Commission continued its evaluation of the Motor Vehicle Block Exemption Regulation 
(‘MVBER’)  regime13.  From  6  July  to  30  September  2022,  the  Commission  ran  a  public 
consultation  and  a  call  for  evidence  on  the  proposed  amendments  to  the  MVBER  regime, 
namely: (i) prolongation of the MVBER for five additional years until 31 May 2028; and (ii) 
amendments to the Supplementary Guidelines.  

1.1.4. Guidance on horizontal agreements, including on sustainability 

The Commission continued its impact assessment for the revision of the two horizontal block 
exemption  regulations  on  research  and  development  agreements  and  on  specialisation 
agreements  (‘R&D  BER’14  and  ‘Specialisation  BER’15  respectively,  together  ‘HBERs’), 
together with the Horizontal Guidelines16.  

7  The  Antitrust  COVID  Temporary  Framework  allowed  the  Commission  to  assess  business  cooperation  projects  in 
response  to  situations  of  urgency  stemming  from  the  coronavirus  outbreak.  It  also  introduced  the  possibility  for  the 
Commission  to  provide  companies  with  written  comfort  via  ad  hoc  “comfort  letters”  on  specific  and  well-defined 
cooperation  projects  falling  within  its  scope.  See:  Communication  from  the  Commission  Withdrawal  of  Temporary 
Framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming 
from the current COVID-19 outbreak, OJ C 381, 4.10.2022, p. 3.  
8  Commission  Regulation  (EU)  No  330/2010  of  20.4.2010 on  the  application  of  Article  101(3)  of  the  Treaty  on  the 
Functioning of the European Union to categories of vertical agreements and concerted practices, OJ L 102, 23.4.2010, 
p. 1. 
9 Guidelines on Vertical Restraints, OJ C 130, 19.5.2010, p. 1. 
10 See: https://competition-policy.ec.europa.eu/public-consultations/2018-vber_en  
11  Commission  Regulation  (EU)  2022/720  of  10.5.2022  on  the  application  of  Article  101(3)  of  the  Treaty  on  the 
Functioning of the European Union to categories of vertical agreements and concerted practices, OJ L 134, 11.5.2022, 
p. 4. 
12 Communication from the Commission, Guidelines on vertical restraints, OJ C 248, 30.6.2022, p. 1. 
13 Commission Regulation (EU) No 461/2010 of 27.5.2010 on the application of Article 101(3) of the Treaty on the 
Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle 
sector, OJ L 129, 28.5.2010, p. 52, and the Commission Notice on supplementary guidelines on vertical restraints in 
agreements for the sale and repair of motor vehicles and for the distribution of spare parts for motor vehicles, OJ C 
138, 28.5.2010, p. 16. 
14 Commission Regulation (EU) No 1217/2010 of 14.12.2010 on the application of Article 101(3) of the Treaty on the 
Functioning  of  the  European  Union  to  certain  categories  of  research  and  development  agreements,  OJ  L  335, 
18.12.2010, p. 36. 
15 Commission Regulation (EU) No 1218/2010 of 14.12.2010 on the application of Article 101(3) of the Treaty on the 
Functioning of the European Union to certain categories of specialisation agreements, OJ L 335, 18.12.2010, p. 43. 
16 Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal 
co-operation agreements, OJ C 11, 14.1.2011, p. 1. 

6 

 
                                                 
On  1  March  2022,  the  Commission  launched  a  public  consultation  on  the  draft  revised 
HBERs and Horizontal Guidelines17, to gather stakeholder feedback on the changes proposed 
to address the issues identified in the evaluation of the current rules18. The public consultation 
ended  on  26  April  2022  and  it  generated  considerable  interest  from  stakeholders.  Many 
comments  focused  on  the  newly  introduced  chapter  on  sustainability  agreements  in  the 
Horizontal  Guidelines  and  on 
information  exchange  and 
standardisation. In addition, several stakeholders commented on the proposals for revision of 
the R&D BER as regards competition in innovation.  

the  revised  chapters  on 

The competition rules play an important role in supporting the European economy to achieve 
the  goals  of  the  European  Green  Deal19.  For  that  reason,  the  draft  Horizontal  Guidelines 
include a new chapter on sustainability agreements that aims to answer calls for guidance and 
legal  certainty  from  stakeholders  on  how  to  factor  in  sustainability  considerations  in  the 
analysis of agreements between competitors under Article 101 TFEU.  

The draft chapter on sustainability agreements aims at clarifying how the Commission would 
assess  these  types  of  agreements  between  competitors  under  Article  101  TFEU  so  that 
companies can consider this when conducting their self-assessment. In particular, the chapter 
provides guidance on the types of agreements that do not restrict competition and, therefore, 
fall  outside  Article  101  TFEU.  For  agreements  affecting  certain  parameters  of  competition, 
the  chapter  indicates  when  these  have  to  be  assessed  by  object  or  by  effect  and  it  clarifies, 
building  on  the  general  2004  Guidelines  on  Article  101(3),  how  sustainability  benefits  are 
considered under Article 101(3) TFEU so that they can outweigh the competition restrictions. 
This  aspect  is  novel,  in  that  it  articulates  more  clearly  the  approach  to  three  categories  of 
sustainability  benefits,  namely  (i)  use  value  benefits,  (ii)  non-use  value  benefits  and  (iii) 
collective benefits. 

The Commission aims to adopt revised HBERs and Horizontal Guidelines before the current 
HBERs expire on 30 June 202320.  

1.1.5. Collective bargaining of solo self-employed persons 

The  number  of  solo  self-employed  persons  in  the  EU  is  relatively  high  and  has  grown 
substantially in recent years, mainly due to the emergence of digital labour platforms. While 
this trend has enhanced the accessibility and flexibility of the labour market, it has also led to 
difficult  working  conditions  for  some  people.  To  address  this  issue,  the  Commission  had 

at 

final, 

available 

6.5.2021, 

17 See: https://competition-policy.ec.europa.eu/public-consultations/2022-hbers_en 
18  See:  Commission  Staff  Working  Document  “Evaluation  of  the  Horizontal  Block  Exemption  Regulations”, 
SWD(2021) 
https://competition-policy.ec.europa.eu/system/files/2021-
104 
05/HBERs_evaluation_SWD_en.pdf 
19  European  Commission,  Directorate-General  for  Competition,  Competition  policy  brief  2021-01,  September  2021, 
available at https://data.europa.eu/doi/10.2763/962262  
20 On 8 December 2022, the Commission adopted two regulations extending the period of validity of the HBERs by six 
months, to ensure sufficient time for the Commission to complete the process for the adoption of the new regulations: 
Commission  Regulation  (EU)  2022/2455  of  8  December  2022  amending  Regulation  (EU)  No  1217/2010  on  the 
application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research 
and  development  agreements,  OJ  L  321,  15.12.2022,  p.  1;  Commission  Regulation  (EU)  2022/2456  of  8  December 
2022 amending Regulation (EU) No 1218/2010 on the application of Article 101(3) of the Treaty on the Functioning 
of the European Union to certain categories of specialisation agreements, OJ L 321, 15.12.2022, p. 3.   

7 

 
                                                 
launched in June 2020 a process to assess whether there is a need for measures at EU level to 
ensure  that  EU  competition  law  does  not  stand  in  the  way  of  collective  agreements  of  self-
employed  persons  aiming  to  improve  their  working  conditions21.  Following  extensive 
consultation and the publication of draft Guidelines in December 2021 on the application of 
EU competition  law to  collective agreements regarding the working conditions  of solo  self-
employed  persons,  the  Commission  adopted  the  final  version  of  the  Guidelines  on  29 
September 202222. 

Based on established case-law of the Court of Justice of the European Union23, the Guidelines 
describe  situations  when  solo  self-employed  persons  may  be  comparable  to  workers,  and 
clarify that their collective agreements then fall outside the scope of Article 101 TFEU. This 
covers economically dependent solo self-employed persons, those working side-by-side with 
workers and those providing their services through digital labour platforms. 

Furthermore,  the  Guidelines  clarify  that  in  certain  cases,  where  self-employed  persons  who 
are  not  in  a  situation  comparable  to  that  of  workers  have  difficulties  in  influencing  their 
working  conditions  because  of  a  weak  negotiating  position,  the  Commission  will  not 
intervene against certain categories of collective agreements. This concerns situations where 
there is  an imbalance in  bargaining power or  certain  situations where  collective agreements 
are being concluded by self-employed persons pursuant to national or Union legislation, e.g. 
authors and performers, self-employed audiovisual translators or freelance journalists, as long 
as the collective agreements are covered by national or Union law24.  

1.2. Important cartel judgments by the Courts of the European Union  

In  2022,  the  Courts  of  the  European  Union  largely  confirmed  the  Commission’s  cartel 
enforcement  practice.  In  particular,  the  Courts  confirmed  the  Commission’s  jurisdiction  to 
tackle  cartels  that  operate  on  a  worldwide  basis,  the  notion  of  single  and  continuous 
infringement  as  interpreted by the Commission, the legality of staggered  hybrid procedures, 
as  well  as  the  methodology  used  by  the  Commission  for  the  calculation  of  fines.  The 
judgments of the Courts also shed light on important aspects in relation to the application of 
the Leniency Notice.  

21 See: https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12483-Collective-bargaining-
agreements-for-self-employed-scope-of-application-EU-competition-rules_en  
22  Communication  from  the  Commission  -  Guidelines  on  the  application  of  Union  competition  law  to  collective 
agreements regarding the working conditions of solo self-employed persons, OJ C 374, 30.9.2022, p. 2. 
23  Judgment  of  the  Court  of  Justice  of  4.12.2014,  Case  C-413/13,  FNV  Kunsten  Informatie  en  Media  v  Staat  der 
Nederlanden, EU:C:2014:2411; judgment of the Court of Justice of 21.12.1999, Case C-67/96, Albany International 
BV v Stichting Bedrijfspensioenfonds Textielindustrie, EU:C:1999:430.  
24 This is for example the case of Directive (EU) 2019/790 of the European Parliament and of the Council (‘Copyright 
Directive’),  which has  set out  the  principle  that  authors  and  performers  are  to  be  entitled  to receive  appropriate  and 
proportionate remuneration when they license or transfer their exclusive rights for the exploitation of their works and 
any  other  subject  matter  protected  by  copyright  and  related  rights.  Authors  and  performers  tend  to  be  in  a  weaker 
contractual position than their counterparty/-ies, and the Copyright Directive provides for the possibility to strengthen 
their  contractual  position  in  order  to  ensure  fair  remuneration  in  contracts  for  the  exploitation  of  their  work.  The 
Copyright  Directive  grants  flexibility  to  Member  States  to  implement  this  principle  using  different  mechanisms 
(including collective bargaining), as long as they comply with Union law. 

8 

 
                                                 
1.2.1. The Commission’s jurisdiction 

In the Airfreight cases25, the General Court confirmed the Commission’s jurisdiction, under 
Article 101 TFEU and Article 53 EEA,  to  tackle worldwide cartels  that restrict competition 
within the EEA.  

The airlines contested the Commission’s jurisdiction  over their worldwide cartel  (consisting 
of a set of bilateral and multilateral contacts) on the grounds that part of that cartel concerned 
sales outside the EEA.  The General  Court first  recalled that  conduct  outside  the territory of 
the EEA falls under the Commission’s jurisdiction on the basis of either the implementation 
test (i.e., when the conduct is implemented in the territory of the EEA) or the qualified effects 
test (see below), the two tests being alternative26.  

The  General  Court  assessed  the  worldwide  cartel  under  the  qualified  effects  test  and  found 
that  the  Commission  was  right  to  consider  that  it  had  jurisdiction  over  the  aspects  of  the 
worldwide cartel that affected the EEA, as it was foreseeable that those aspects would have an 
immediate and substantial effect in the internal market or within the EEA27. The Commission 
therefore did not have to demonstrate the actual effects of the worldwide cartel in the EEA, its 
probable effects being enough to recognise the Commission’s jurisdiction.  

The  General  Court  also  confirmed  that  the  Commission  was  entitled  to  apply  the  qualified 
effects test to the worldwide cartel taken as  a whole because all its aspects  served the same 
anticompetitive  objective.  As  a  result,  it  was  not  possible  for  the  airlines  to  escape  the 
application of Article 101(1) TFEU by combining several types of conduct that pursued the 
same objective, but which, taken individually, were incapable of producing an immediate and 
substantial effect in that market28.  

In  the  Optical  Disk  Drives  cases,  the  Court  of  Justice  confirmed  the  Commission’s  finding 
that,  although  the  cartel  contacts  took  place  outside  the  EEA,  they  were  implemented  on  a 
worldwide basis, including the EEA, and that, as a result, the Commission had jurisdiction29. 

25 Judgments of the General Court of 30.3.2022 in Cases T-323/17, Martinair Holland v Commission, EU:T:2022:174; 
T-324/17,  SAS  Cargo  Group  and  Others  v  Commission,  EU:T:2022:175;  T-325/17,  Koninklijke  Luchtvaart 
Maatschappij  v  Commission,  EU:T:2022:176;  T-326/17,  Air  Canada  v  Commission,  EU:T:2022:177;  T-334/17, 
Cargolux  Airlines  v  Commission,  EU:T:2022:178;  T-337/17,  Air  France-KLM  v  Commission,  EU:T:2022:17;  T-
338/17,  Air  France  v  Commission,  EU:T:2022:180;  T-340/17,  Japan  Airlines  v  Commission,  EU:T:2022:181;  T-
341/17,  British  Airways  v  Commission,  EU:T:2022:182;  T-342/17,  Deutsche  Lufthansa  and  Others  v  Commission, 
EU:T:2022:183;  T-343/17  Cathay  Pacific  Airways  v  Commission,  EU:T:2022:184;  T-344/17,  Latam  Airlines  Group 
SA and Lan Cargo SA v Commission, EU:T:2022:185; T-350/17 Singapore Airlines and Singapore Airlines Cargo v 
Commission, EU:T:2022:186. 
26  See,  for  example,  the  judgment  of  the  General  Court  of  30.3.2022  in  Case  T-323/17,  Martinair  Holland  v 
Commission, EU:T:2022:174, paragraphs 102-103. 
27 See, among others, the judgment of the General Court of 30.3.2022 in Case T-324/17, SAS Cargo Group and Others 
v Commission, EU:T:2022:175, paragraph 161.  
28  See,  among  others,  the  judgment  of  the  General  Court  of  30.3.2022  in  Case  T-340/17,  Japan  Airlines  Co.  Ltd  v 
Commission, EU:T:2022:181, paragraphs 154-155. 
29  Judgments  of  the  Court  of  Justice  of  16.6.2022  in  Cases  C-697/19  P,  Sony  Corporation  and  Sony  Electronics  v 
Commission, EU:C:2022:478; C-698/19 P, Sony Optiarc and Sony Optiarc America v Commission,  EU:C:2022:480; 
C-699/19  P,  Quanta  Storage  v  Commission,  EU:C:2022:483;  and  C-700/19  P,  Toshiba  Samsun  Storage  Technology 
and Toshiba Samsung Storage Technology Korea v Commission, EU:2022:484. 

9 

 
                                                 
1.2.2. Single and continuous infringement 

In litigation relating to the Trucks cartel, a cartel relating to the coordination of prices and the 
timing  and  pricing  related  to  the  introduction  of  emission  technologies  to  comply  with  the 
European  emissions  standards30,  the  General  Court  confirmed  that,  in  order  to  find  a  single 
and continuous infringement, the Commission is not required to demonstrate that each of the 
various  instances  of  a  conduct  falls  within  Article  101  TFEU.  Instead,  there  is  a  single  and 
continuous infringement when there is a demonstration that the various instances of a conduct 
form part of an overall plan designed to achieve a single anti-competitive objective31.  

In the Airfreight cases, the General Court confirmed the qualification of  a worldwide cartel 
(consisting  of  a  set  of  bilateral  and  multilateral  contacts)  as  a  single  and  continuous 
infringement  in  so  far  it  affected  the  EEA.  It  nonetheless  reduced  the  fines  imposed  on 
specific carriers due to the inability of the Commission to prove their participations in certain 
elements of the single and continuous infringement32.  

In the Optical Disk Drives cases, in which the parties concerned coordinated their behaviour 
through a network of bilateral contacts, the Court of Justice confirmed that the participation of 
an  undertaking  in  a  single  and  continuous  infringement  does  not  require  its  direct 
participation in all the anticompetitive conduct of which that infringement is comprised33.  

The Optical Disk Drives cases were also the opportunity for the Court of Justice to confirm 
that  the  Commission  is  entitled  to  find  that  an  undertaking  participated  in  a  single  and 
continuous infringement when it participated only passively (i.e., by merely being in copy of 
emails) in that infringement34.  

Finally, in the Optical Disk Drives cases, the Court of Justice also ruled on the issue of the 
dual characterisation of an infringement. According to the Court of Justice, where a single and 
continuous  infringement  consists  of  separate  practices  that  are,  taken  in  isolation,  also 
characterised as individual infringements of Article 101(1) TFEU, the Commission is required 
to  identify and legally  characterise each of those separate infringements.  As a consequence, 
the  Court  of  Justice  concluded  that  the  mere  mention  in  a  statement  of  objections  of  the 
possibility  to  qualify  the  single  and  continuous  infringement  as  separate  infringements  was 
not sufficient to observe the parties’ rights of defence35. 

30  Judgment  of  the  General  Court  of  2.2.2022  in  Case  T-799/17,  Scania  and  Others  v  Commission,  EU:T:2022:48. 
More specifically, as regards the emission technologies, the truck manufacturers agreed to (i) coordinate the timing for 
the  introduction  of  emission  technologies;  and  (ii)  pass  on  to  customers  the  costs  for  the  emissions  technologies 
required in order to comply with the European emissions standards.  
31  Judgment  of  the  General  Court  of  2.2.2022  in  Case  T-799/17,  Scania  and  Others  v  Commission,  EU:T:2022:48, 
paragraph 208. 
32  Namely  Air  Canada,  British  Airways,  LAN  and  SAS.  See,  among  others,  the  judgment  of  the  General  Court  of 
30.3.2022 in Case T-326/17, Air Canada v Commission, EU:T:2022:177, paragraphs 514-543 and 582-587. 
33 See, among others, the judgments of the Court of Justice of 16.6.2022 in Case C-697/19 P, Sony Corporation and 
Sony Electronics v Commission, EU:C:2022:478, paragraph 64; C-698/19 P, Sony Optiarc and Sony Optiarc America 
v Commission, EU:C:2022:480, paragraph 61. 
34 See, among others, the judgment of the Court of Justice of 16.6.2022 in Case C-697/19 P, Sony Corporation and 
Sony Electronics v Commission, EU:C:2022:478, paragraphs 128-130. 
35 See, among others, the judgment of the Court of Justice of 16.6.2022 in Case C-697/19 P, Sony Corporation and 
Sony Electronics v Commission, EU:C:2022:478, paragraphs 67-79. 

10 

 
                                                 
1.2.3. Staggered hybrid procedures 

In  a  judgment  concerning  the  Trucks  cartel36,  the  General  Court  confirmed  the  legality  of 
‘staggered hybrid procedures’ in cartel matters37.  

In  that  case,  the  Commission  had  adopted  first  a  settlement  decision  in  respect  of  the 
undertakings  which  had  submitted  a  formal  request  for  settlement.  The  Commission 
continued its investigation concerning the applicant, who had withdrawn from the settlement 
procedure and addressed to it a prohibition decision with fines. The applicant claimed that the 
Commission had breached the presumption of innocence and its right of defence by adopting 
the  settlement  decision  before  the  decision  addressed  to  it.  However,  the  General  Court 
confirmed that the Commission was entitled to follow such a staggered  hybrid procedure in 
the context of the application of Article 101 TFEU.  

The  General  Court  emphasised  that  the  Commission’s  decision  not  to  follow  the  settlement 
procedure  does  not,  in  itself,  entail  an  infringement  of  the  presumption  of  innocence,  the 
rights  of  the  defence  or  the  duty  of  impartiality38.  The  General  Court  further  examined  the 
precise  circumstances  of  the  case  and  recognised  that  the  Commission  had  observed  those 
principles, thereby fully upholding the Commission’s decision and the amount of the fine.  

1.2.4. The calculation of cartel fines 

In  the  Airfreight  cases,  the  General  Court  confirmed  the  methodology  used  by  the 
Commission  regarding  the  calculation  of  the  fines  and  its  application  of  the  2006  Fining 
Guidelines39.  

First, the General Court recognised that the Commission was entitled, in  order to  determine 
the  basic  amount  of  the  fines,  to  take  into  account  the  entire  amount  of  sales  linked  to  the 
airfreight services, without being required to split that amount into its component elements40. 
The General Court thus dismissed the argument from the airlines according to which the basic 
amount  of  the  fines  should  have  been  calculated  by  reference  to  the  revenues  derived 
specifically from the surcharges that constituted the single and continuous infringement. 

Second,  the  General  Court  confirmed  that  the  “sales  in  the  EEA”  also  covered  sales  to 
customers outside the EEA, as these sales have a link with the EEA41. 

36 Judgment of the General Court of 2.2.2022 in Case T-799/17, Scania and Others v Commission, EU:T:2022;48. 
37  See  also  the  judgment  adopted  by  the  Court  of  Justice  in  2021  regarding  staggered  hybrid  procedure  in  Case  C-
440/19 P, Pometon v Commission, EU:C:2021:214.  
38  Judgment  of  the  General  Court  of  2.2.2022  in  Case  T-799/17,  Scania  and  Others  v  Commission,  EU:T:2022:48, 
paragraphs 99-105. 
39 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003, OJ C 210, 
1.9.2006, p. 2.  
40  Judgments  of  the  General  Court  of  30.3.2022  in  Cases  T-325/17,  Koninklijke  Luchtvaart  Maatschappij  v 
Commission, EU:T:2022:176, paragraph 306; T-337/17, Air France-KLM v Commission, EU:T:2022:179, paragraphs 
404-408;  T-338/17,  Air  France  v  Commission,  EU:T:2022:180,  paragraph  296 ;  T-340/17,  Japan  Airlines  v 
Commission, EU:T:2022:181, paragraph 307. 
41  Judgments  of  the  General  Court  of  30.3.2022  in  Cases  T-324/17,  SAS  Cargo  Group  and  Others  v  Commission, 
EU:T:2022:175, paragraph 778; T-340/17, Japan Airlines Co. Ltd v Commission, EU:T:2022:181, paragraph 369; T-
343/17, Cathay Pacific Airways v Commission, EU:T:2022:184, paragraph 557.  

11 

 
                                                 
1.2.5. Application of the Commission’s Leniency Notice 

In the Airfreight cases – and more specifically in the Air Canada case -, the General Court 
held that the Commission did not breach the right of defence of Air Canada when it refused 
its request to withdraw its leniency application and accompanying documents at a late stage of 
the administrative proceedings.  

The General Court recalled that any statement made vis-à-vis the Commission in connection 
with a leniency application forms an integral part of its file, since the Commission may use 
such statements as evidence42. 

In addition, the General Court ruled that removing from the file evidence that was originally 
provided by an undertaking that ultimately terminated its cooperation before the  adoption of 
the Commission’s decision would undermine the effectiveness of the leniency procedure. This 
is  because  the  Commission  would  be  deprived  of  evidence  that  is  essential  to  establish  the 
infringement at a stage where the possibility of making up for that lack of evidence would be 
considerably  reduced,  and  because  this  would  leave  the  Commission  to  the  goodwill  of  the 
leniency applicant43. 

1.2.6. The duration of proceedings  

In the Reinforcing steel bars cartel,  the General Court confirmed that the Commission  was 
entitled to impose fines on undertakings for their participation in the cartel even though it had 
started 30 years before the Commission adopted its final decision44.   

The Commission had originally adopted two infringement decisions against the applicants in 
200245 and in 200946 that were subsequently both annulled on procedural grounds, namely the 
use  of  the  wrong  legal  basis  for  the  2002  decision47,  and  the  insufficient  consultation  of 
representatives from EU Member States for the 2009 decision48. The Commission ultimately 
adopted a final decision in 2019 and granted a 50% reduction of the amount of the fines due 
to the length of the procedure49.  

The General Court dismissed the argument of the applicants according to which the duration 
of the proceedings was excessive and that the Commission no longer had the power to impose 
sanctions50.  The  General  Court  fully  confirmed  the  Commission’s  decision  and  considered 

42  Judgment  of  the  General  Court  of  30.3.2022  in  Case  T-326/17,  Air  Canada  v  Commission,  EU:T:2022:177, 
paragraph 547.  
43  Judgment  of  the  General  Court  of  30.3.2022  in  Case  T-326/17,  Air  Canada  v  Commission,  EU:T:2022:177, 
paragraph 552.  
44 Judgments of the General Court of 9.11.2022 in Cases T-655/19, Ferriera Valsabbia and Valsabbia Investimenti v 
Commission, EU:T:2022:689; T-656/19, Alfa Acciai v Commission, EU:T:2022:690; T-657/19, Feralpi v Commission, 
EU:T:2022:691 and T-667/19, Ferriere Nord v Commission, EU:T:667/19.  
45 Decision C(2002) 5087 final of 17.12.2002. 
46 Decision C(2009) 7492 final of 30.9.2009 as amended by Decision C(2009) 9912 final of 8.12.2009. 
47 Judgment of the Court of First Instance of 25.10.2007 in Joined Cases T-27/03, T-46/03, T-58/03, T-79/03, T-80/03, 
T-97/03 and T-98/03, SP SpA t. al. v Commission, EU:T:2007:317. 
48 Judgments of the Court of Justice of 21.9.2017 in Cases C-85/15 P, C-86/15 P, C-87/15 P, C-88/15 P und C-89/15 P, 
Feralpi Holding SpA et. al. v Commission, EU:C:2017:709; EU:C:2017:717; EU:C:2017:716; EU:C:2017:713. 
49 Decision C(2019) 4969 final of 4.7.2019.  
50 See, among others, the Judgment of the General Court of 9.11.2022 in Case T-667/19, Ferriere Nord v Commission, 
EU:T:2022:692, paragraph 229. 

12 

 
                                                 
that the duration of the proceedings was not unreasonable given the number of appeals lodged 
and the complexity of the case51.  

1.2.7. The right of defense  

In the Qualcomm case, the General Court annulled the Commission’s decision, finding inter 
alia a number of procedural irregularities  which affected Qualcomm's rights of defense52. In 
2018, the Commission imposed a EUR 997 million fine on Qualcomm, finding that the firm 
had abused its  dominant  position on the worldwide market  for chipsets  compatible with  the 
Long  Term  Evolution  (LTE)  standard.  Qualcomm  agreed  to  make  ‘significant  payments’  to 
Apple on condition that Apple would exclusively use Qualcomm chipsets in its devices. The 
Commission  found  these  exclusivity  payments  capable  of  having  anticompetitive  effects  by 
reducing  Apple's  incentives  to  switch  to  competing  LTE  chipset  providers.  Qualcomm 
challenged the decision, arguing that the Commission had made procedural errors and that its 
assessment  of  anticompetitive  effects  was  insufficient.  The  General  Court  annulled  the 
Commission's decision in its entirety, finding a  number of procedural  irregularities, which  - 
according to the General Court - affected Qualcomm's rights of defence. The General Court 
also disagreed with the Commission's analysis of the anticompetitive effects of the exclusivity 
payments. 

1.3. The fight against cartels remains a top priority 

Cartels  are  considered  the  ultimate  threat  to  competition.  The  detection  and  sanctioning  of 
cartels  therefore  represents  an  essential  concern  for  the  Commission.  Following  the  strong 
enforcement record of 2021, the Commission used the year 2022 as an opportunity to build up 
a new stream of cartel cases, relying on information from leniency applicants as well as leads 
obtained from its own ex officio efforts. In addition, the relaxation of the sanitary restrictions 
towards the end of 2021 enabled the Commission to again carry out unannounced inspections 
in a number of different sectors. This compensated, at least partially, for the investigatory gap 
caused by the impact of the Covid-19 pandemic on the travelling logistics.  

The pandemic not only impacted the Commission’s powers to conduct inspections, but it also 
changed  the  working  habits  in  many  sectors  of  the  EU  economy.  The  increased  number  of 
employees,  who  work  from  their  homes,  affects  the  location  of  potential  evidence  for  an 
alleged  cartel  conduct  and  consequently  the  scope  of  the  Commission’s  inspections.  The 
Commission has therefore, for the first time in many years, made use of its powers to search 
the private home of individuals in parallel with an inspection of the business premises of the 
employer concerned.  

In  addition,  the  Commission  further  reinforced  its  ex  officio  policy  to  generate  new  cartel 
cases. The ex officio strategy consists of several elements, such as the whistle-blower tool, the 
cooperation  with  other  authorities  and  external  stakeholders  and  the  support  of  a  dedicated 
forensic intelligence analysis unit within DG  Competition that often complement each other 
during  the  different  stages  of  an  investigation.  DG  Competition  continuously  builds  up  its 

51 See, among others, the Judgment of the General Court of 9.11.2022 in Case T-667/19, Ferriere Nord v Commission, 
EU:T:2022:692, paragraph 252. 
52 Judgment of the General Court of 15.6.2022 in Case T-235/18, Qualcomm v Commission, EU:T:2022:358. 

13 

 
                                                 
expertise  in  this  field,  which  is  confirmed  by  a  growing  number  of  investigations  initiated 
based on its ex officio work.  

The  Commission  also  continues  to  invest in  the  strengthening  of  its  leniency  policy.  On  25 
October 2022, the Commission published a Frequently Asked Questions document to provide 
guidance on its leniency policy and practice53. This includes clarifications on the application 
of  the  Leniency  Notice  and  details  on  the  legal  protections  and  benefits  that  the  leniency 
programme offers, sets out new practical arrangements, such as the identification of Leniency 
Officers  that  companies  or  their  legal  representatives  can  contact  for  informal  advice  on 
leniency or for guidance on submitting a leniency application, and signals the Commission's 
intention to discuss potential leniency applications on a “no-names” basis, without the need to 
disclose the sector, the parties involved or any other details identifying the potential cartel.  

The eLeniency tool, introduced in 2019, was key to an effective continuation of the leniency 
programme throughout the pandemic, since it allowed leniency applicants to file submissions 
online  24/7  with  the  same  safeguards  as  if  the  statements  had  been  dictated  at  the 
Commission’s premises. The Commission further built on this success and upgraded the tool 
in 2022 to increase its functionality54. The eLeniency tool now enables an efficient two-way 
interaction  with  parties,  including  in  the  settlement  procedure,  while  safeguarding  the 
confidentiality of the documents submitted or displayed in the system.  

In July 2022, the Commission fined the metal packaging producers Crown and Silgan a total 
of  EUR  31.5  million  in  a  settlement  procedure  for  taking  part  in  a  cartel  concerning  metal 
cans and closures in Germany55. The cartel consisted of two legs, namely 1) regular bilateral 
exchanges on the parties’ past annual sales volumes of metal closures to their customers, and 
2) in the context of the introduction of metal cans and closures coated with a (then) new BPA-
free  lacquer  in  Germany,  exchanges  of  information  concerning  their  intentions  to  impose  a 
surcharge  and  to  shorten  the  minimum  durability  recommendations  compared  to  BPA-
containing  lacquers.  Crown  was  granted  a  reduction  of  the  fine  of  50%  under  the  Leniency 
Notice and both companies were granted a reduction of 10% under the Settlement Notice.  

In November 2022, the Commission fined Sunpor, Synbra, Synthomer, Synthos and Trinseo a 
total  of  EUR  157  million  for  participating  in  a  cartel  concerning  purchases  on  the  styrene 
monomer  merchant  market56.  This  most  recent  purchasing  cartel  case  shows 
the 
Commission’s intention to  pursue a wide range of different  types of cartels,  including more 
traditional price- and market fixing cartels as well as e.g. purchasing or labour market cases or 
collusion  on  other  elements  than  price  and  output.  The  cartel  investigations  in  these  cases 
contribute to clarifying the borderlines of legitimate cooperation between undertakings. 

In June 2022, the Commission informed České dráhy and Österreichische Bundesbahnen, the 
Czech  and  Austrian  rail  incumbents,  of  its  preliminary  view  that  they  have  breached  EU 

53 See the press release of 25.10.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_6373   
54 See the press release of 30.9.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_5845  
55 Case T.40522, Metal packaging,see also the press release of 12.7.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_4483 
56 Case AT.40547, Styrene monomer; see also the press release of 29.11.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7168  

14 

 
                                                 
antitrust rules by colluding in the market for used passenger railway wagons with the aim to 
distort competition in the rail passenger transport market57.  

In  July  2022,  the  Commission  informed  Alcogroup  S.A.  and  its  subsidiary  Alcodis  S.A. 
(together  ‘Alcogroup’)  as  well  as  Lantmännen  ek  för  and  its  subsidiary  Lantmännen 
Agroetanol  AB  (together  ‘Agroetanol’)  of  its  preliminary  view  that,  together  with  Abengoa 
S.A.,  which  settled  the  case  in  December  202158,  they  had  breached  EU  antitrust  rules  by 
colluding to influence the wholesale price formation mechanism for ethanol in Europe59. 

In  December  2022,  the  Commission  informed  Deutsche  Bank  and  Rabobank  of  its 
preliminary view that the two banks breached EU antitrust rules by exchanging commercially 
sensitive  information  and  colluding  on  their  pricing  and  trading  strategies  with  respect  to 
Euro-denominated  Sovereign,  SSA 
(Supra-Sovereign,  Foreign  Sovereign,  Sub-
Sovereign/Agency), Covered and Government Guaranteed bonds60. 

The  Commission  remains  committed  to  investigating  possible  anticompetitive  conduct 
affecting the achievement of the green and digital transition. It has, amongst other, conducted 
unannounced inspections in the automotive sector concerning possible collusion in relation to 
the  collection,  treatment  and  recovery  of  end-of-life  cars  and  vans  which  are  considered 
waste61.  

Cartel decisions 2022: 

Case name 

Adoption date 

Fine imposed EUR  Undertakings 

Metal packaging 
Styrene monomer 

Total 

12/07/2022 
29/11/2022 

concerned 

2 
5 

31.522.000 
157.072.000 

188.594.000 

Prohibition 
Procedure 
Settlement 
Settlement 

1.4. Cooperation within the European Competition Network and with national courts 

1.4.1.  Cooperation  with  national  competition  authorities  within  the  European 

Competition Network  

Since 2004, the Commission and the NCAs in all EU Member States cooperate through the 
European  Competition  Network  (ECN)62.  The  objective  of  the  ECN  is  to  ensure  that  EU 
competition law is applied in an effective and coherent manner against companies engaging in 
business practices that restrict competition in the EU. 

In 2022, the Commission continued to ensure the coherent application of Regulation 1/200363 

57 See the press release of 10.6.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_3585 
58 Case AT.40054, Ethanol benchmarks, see also the press release of 10.12.2021: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6769 
59 Case AT.40054, Ethanol benchmarks.  
60 Case AT. 40512, Euro denominated bonds; see also the press release of 6.12.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7409 
61 See the press release of 15.3.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_1765  
62 Commission Notice on cooperation within the Network of Competition Authorities, OJ C 101, 27.4.2004, p. 43 and 
OJ C 374, 13.10.2016, p. 10. 
63 See Fn. 2. 

15 

 
                                                 
 
on the implementation of the rules on competition (Articles 101 and 102 TFEU) through the 
ECN.  Two  of  the  key  supporting  cooperation  mechanisms  in  this  Regulation  are  the 
obligation of NCAs to inform the Commission on a new investigation at the stage of the first 
formal investigative measure and to consult the Commission on envisaged decisions. In 2022, 
148  new  investigations  were  launched  within  the  network  and  78  envisaged  decisions  were 
submitted.  

In  addition  to  those  cooperation  mechanisms  set  out  in  Regulation  (EC)  No  1/2003,  other 
ECN cooperation work streams equally ensure a coherent enforcement of the EU competition 
rules. The ECN members meet regularly to discuss cases at early stages, policy issues, as well 
as matters of strategic importance. In 2022, 45 meetings across horizontal working groups and 
sector-specific sub-groups were organised, where competition authorities’ officials exchanged 
views.  

1.4.2. The ECN+ Directive  

The  ECN+  Directive64,  empowering  Member  States'  competition  authorities  to  be  more 
effective enforcers of EU competition  rules in the field  of antitrust, entered, into force on 4 
February  2019.  The  ECN+  Directive  aims  to  ensure  that  when  applying  the  same  legal 
provisions  –  the  EU  antitrust  rules  –  NCAs  have  the  effective  enforcement  tools  and  the 
resources  necessary  to  detect  and  sanction  companies  that  infringe  Articles  101  and  102 
TFEU. It also aims to ensure that they can take their decisions in full independence, based on 
the facts  and the law. The  new rules contribute to  the objective of a  genuine single market, 
promoting  the  overall  goal  of  an  open,  competitive  and  innovative  internal  market  creating 
jobs and growth.  

Member States had to  transpose the Directive into national  law by 4  February 2021.  On 19 
March 2021, the Commission sent Letters of Formal Notice, opening infringement procedures 
against 22 Member States for non-communicating the transposing measures by the deadline. 
In  September  2022,  the  Commission  sent  a  Reasoned  Opinion,  the  second  step  of  the 
infringement  procedure,  to  four  Member  States  that  still  did  not  notify  any  transposing 
measures.  In  December  2022,  21  Member  States  have  notified  full  transposition  of  the 
Directive and three Member States at least partial transposition. The Commission will check 
the  completeness  and  conformity  of  their  national  transposition  measures.  The  Commission 
keeps assisting the remaining Member States in the last stages of their transposition processes. 

1.4.3. Cooperation with national courts 

In  addition  to  its  cooperation  with  NCAs  in  the  context  of  the  ECN,  the  Commission  also 
continued  its  cooperation  with  national  courts.  The  Commission  supports  national  courts  in 
enforcing  the  EU  competition  rules  in  an  effective  and  coherent  manner  by  providing  case-
related information or opinions on matters of substance or by intervening as amicus curiae in 
proceedings pending before the national courts.  

64  Directive  (EU)  2019/1 of  the European  Parliament  and  of  the  Council of  11.12.2018  to  empower  the  competition 
authorities  of  the  Member  States  to  be  more  effective  enforcers  and  to  ensure  the  proper  functioning  of  the  internal 
market, OJ L 11, 14.1.2019, p. 3. 

16 

 
                                                 
1.4.4. Private enforcement 

Directive  2014/104/EU  on  antitrust  damages  actions  (‘the  Damages  Directive’)65  aims  at 
ensuring  that  anyone  harmed  by  infringements  of  the  EU  competition  rules  can  effectively 
avail itself of the right to compensation before national courts. As noted in  the report on the 
implementation  of  the  Damages  Directive  to  the  European  Parliament  and  the  Council  of 
December  202066,  since  the  adoption  of  the  Damages  Directive  in  2014,  the  number  of 
damages  actions  before  national  courts  has  increased  significantly,  and  actions  for  damages 
have  become  much  more  widespread  in  the  EU.  This  has  also  resulted  in  a  number  of 
references  for  a  preliminary  ruling  to  the  Court  of  Justice  under  Article  267  TFEU  which 
contribute  to  the  further  clarification  of  central  aspects  of  private  enforcement  of  EU 
competition  law  as  well  as  to  the  interpretation  of  the  Damages  Directive.  A  significant 
number  of  damages  actions  are  still  follow-on  actions,  where  the  person  harmed  by  a 
competition  law  infringement  claims  damages  following  a  final  decision  of  a  competition 
authority.  

The  Commission  continues  to  monitor  the  application  of  the  Damages  Directive  by  the 
national courts of the Member States with a view to reviewing it, once sufficient experience 
from the application of its rules is available. 

65  Directive  2014/104/EU  of  the  European  Parliament  and  of  the  Council  of  26.11.2014  on  certain  rules  governing 
actions for damages under national law for infringements of the competition law provisions of the Member States and 
of the European Union, OJ L 349, 5.12.2014, p. 1.   
66 Commission Staff Working Document on the implementation of Directive 2014/104/EU of the European Parliament 
and of the Council of 26.11.2014 on certain rules governing actions for damages under national law for infringements 
of the competition law provisions of the Member States and of the European Union SWD(2020) 338 final, 14.12.2020.   

17 

 
 
 
                                                 
2. 

MERGER CONTROL 

EU merger control  
The purpose of EU merger control is to ensure that market structures remain competitive while enabling smooth 
restructuring of the industry. This applies not only to EU-based companies, but also to any company active on 
the EU markets. Industry restructuring is an important way of fostering efficient allocation of production assets. 
However, there are also situations where industry consolidation can give rise to harmful effects on competition, 
taking  into  account  the  merging  companies’  degree  of  market  power  and  other  market  features.  EU  merger 
control ensures that changes in the market structure which lead to harmful effects on competition do not occur.  

EU merger control ensures that all firms active in EU markets can compete on fair and equal 
terms.  Proposed transactions  which may distort competition  are subject to  close scrutiny by 
the Commission. If necessary to protect competition, the Commission can give merging firms 
the  possibility  to  dispel  competition  concerns  by  offering  commitments.  If  sufficient 
commitments cannot be found or agreed upon, the Commission may prohibit the transaction. 
In its assessments, the Commission takes into account efficiencies possibly brought about by 
mergers.  Efficiencies  may  have  positive  effects  on  costs  and  innovation,  for  example, 
provided  that  they  are  verifiable,  merger-specific  and  likely  to  be  passed  on  to  consumers. 

Recent enforcement trends  

The Commission’s enforcement activity remained at a high level with a total number of 368 
merger  decisions  adopted  in  2022  (371  notifications).  Moreover,  in  2022  the  Commission 
received 26 reasoned submissions by notifying parties in pre-notification, requesting a referral 
of a case from the Commission to a NCA or vice versa. The Commission accepted to examine 
two  transactions  following  a  referral  pursuant  to  Article  22  of  Council  Regulation  (EC)  No 
139/2004 (the ‘EU Merger Regulation’)67 and referred one transaction pursuant to Article 9 of 
the EU Merger Regulation to be examined by NCAs. 

The  vast  majority  of  mergers  notified  in  2022  did  not  raise  competition  concerns  and  were 
speedily reviewed. The simplified procedure was applied in 78 % of all notified transactions 
under  the  EU  Merger  Regulation  in  2022.  Nevertheless,  in  2022,  the  Commission’s  merger 
enforcement  was  intensive  due  to  the  large  number  of  notified  transactions  as  well  as  the 
complexity  of  a  significant  number  of  cases.  Moreover,  the  Commission  intervened  in  14 
cases.  An  increasing  number  of  notified  transactions  concerned  already  concentrated 
industries.  Reviewing  such  transactions  required  the  Commission  to  carefully  assess  their 
potential  impact  on  competition,  employing  sophisticated  quantitative  techniques  and 
comprehensive qualitative investigative tools. 

In 2022, the Commission opened in-depth investigations (the “Phase II”) in eight cases. These 
cases  concerned  diverse  sectors  of  the  economy,  including  woodboard  panels,  retail  motor 
fuel markets, retail markets for the supply of fixed internet services and audio-visual services, 
the  entire  book  value  chain  in  French-speaking  countries,  green  aluminium  products,  the 

67 Council Regulation (EC) No 139/2004 of 20.1.2004 on the control of concentrations between undertakings, OJ L 24, 
29.1.2004, p. 1. 

18 

 
 
                                                 
market  for  accommodation  online  travel  agencies,  video  games  as  well  as  virtualisation 
software. 

In line with  the trends of recent  years, the Commission  in  2022  assessed mergers involving 
digital  issues.  For  example,  the  Commission,  following  an  in-depth  assessment,  adopted  a 
clearance  decision  in  Meta/Kustomer,  a  transaction  involving  the  market  for  the  supply  of 
customer  relationship  management  (‘CRM')  software,  and  opened  an  in-depth  investigation 
into the proposed acquisition of Activision by Microsoft, as the transaction may significantly 
reduce  competition  on  the  markets  for  the  distribution  of  console  and  PC  video  games, 
including multi-game subscription services and/or cloud game streaming services, and for PC 
operating systems. 

The Commission’s merger enforcement activities remained at levels similar to the most recent 
years. The Commission adopted 368 merger decisions in various sectors of which 291 were 
approved  following  a  simplified  procedure.  The  Commission  intervened  in  14  proposed 
acquisitions,  of  which  12  transactions  were  approved  subject  to  conditions.  Four  notified 
transactions  were  abandoned  by  the  parties  and  withdrawn  in  Phase  II  during  the  in-depth 
investigation. Finally, the Commission prohibited two transactions in 202268.  

Figure 3: Merger outcomes 2013-2022 

68 Cases M.9343 Hyundai Heavy Industries Holdings (HHIH) / Daewoo Shipbuilding & Marine Engineering CO., Ltd 
(DSME) and M.10188 Illumina / Grail, prohibition decision of 6 September 2022 

19 

 
 
 
 
                                                 
Most remedies accepted  by the Commission  in  2022 consisted of divestitures  of tangible or 
intangible assets. This confirms the Commission’s general preference for structural remedies 
in  merger  cases  as  they  are  best  suited  to  address  competition  concerns  arising  from  a 
concentration in a durable manner.  

In  addition  to  remedies  offered  in  Phase  II  investigations,  in  2022,  the  Commission  also 
cleared  transactions  subject  to  remedies  where  the  notifying  parties  offered  comprehensive 
remedy  packages  already  in  phase  I,  including  in  some  complex  transactions  such  as  the 
acquisition  of  Equans  by  Bouygues69  or  Celanese's  acquisition  of  DuPont's  Mobility  and 
Materials Business70.  

In 2022, following Illumina’s premature implementation of its acquisition of GRAIL in 2021 
prior  to  the  outcome  of  merger  review  of  the  transaction  and  the  subsequent  prohibition 
decision of 2022, the Commission adopted interim measures pursuant to Article 8(5)(c) of the 
EU Merger Regulation to restore and maintain the conditions of effective competition71.  

Finally, on 21 February 2022, the Commission concluded on a breach of Article 21 of the EU 
Merger  Regulation  and  ordered  Hungary  to  withdraw  its  veto  on  the  acquisition  of  two 
Hungarian subsidiaries of AEGON by VIG, both active in the insurance sector, by 18 March 
202272. 

2.2.  The  evaluation  of  selected  procedural  and  jurisdictional  aspects  of  EU  merger 
control 

Following  a  stakeholders’  consultation  in  May/June  2022,  the  Commission  finalised  its 
impact assessment on policy options for further simplification of merger procedures73. On 28 
October  2022,  the  Commission’s  Regulatory  Scrutiny  Board  adopted  a  positive  opinion  on 
the impact assessment report. Once adopted, the revised Implementing Regulation and Notice 
on a simplified procedure will allow for further simplification through the introduction of new 
categories  of  simplified  cases,  the  streamlining  of  the  Commission’s  merger  procedures,  as 
well  as  the  introduction  of  electronic  notification  as  the  default  way  of  notifying  merger 
transactions.  

2.3. Market definition notice  

In  2022,  the  Commission  continued  its  review  of  the  1997  Commission  Notice  on  the 
definition  of  relevant  market  for  the  purposes  of  Community  competition  law  (‘the  Market 
Definition Notice’)74. Market definition is an important first step in the assessment of merger 
cases and of most antitrust cases and is used to define the boundaries of competition between 

69 Case M.10575, Bouygues / Equans; see also the press release of 19.7.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/IP_22_4603  
70 Case M. 10721, Celanese / DuPont; see also the press release of 11.10.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/IP_22_6114  
71  Case  M.10938,  Illumina  /  Grail  (Interim  measures  under  Article  8(5)(c)).  These  Interim  measures  replace  the 
Interim measures imposed by the Commission pursuant to the decision in Case M.10493 pursuant to Article 8(5)(a) of 
the Merger Regulation adopted on 29 October 2021.  
72 Case M.10494, VIG / Aegon CEE (Art. 21 procedure). The transaction had already been unconditionally approved 
by the Commission on 12 August 2021, see: Case M.10102. 
73 See: https://competition-policy.ec.europa.eu/public-consultations/2022-merger-simplification_en  
74 Commission Notice on the definition of relevant market for the purposes of Community competition law, OJ C 372, 
9.12.1997, p. 5. 

20 

 
                                                 
companies.  It  is  the  first  time  since  its  adoption  in  1997  that  the  Notice  is  being  revised. 
Based on the results of the evaluation of the Market Definition Notice, summarised in a Staff 
Working Document of July 202175, the Commission launched a public consultation on a draft 
revised Market  Definition Notice on 8 November 2022, to  run until  mid-January 2023. The 
main  objective  of  the  draft  revised  Market  Definition  Notice  is  to  offer  more  guidance, 
transparency  and  legal  certainty  for  businesses  to  facilitate  compliance,  including  through 
concrete  examples.  It  also  aims  at  contributing  to  a  more  efficient  enforcement  by  the 
Commission  and  NCAs.  The  Commission  aims  at  adopting  the  revised  Market  Definition 
Notice before the end of 2023.  

2.4. Significant judgments by EU courts in merger control  

On 23 February 2022, the General Court dismissed the actions by UPS and ASL for damages 
totalling EUR 2 billion76. According to the Court, the conditions for non-contractual liability 
pursuant to Article 340 TFEU were not fulfilled in the UPS case. However, the Court ordered 
the  Commission  to  pay  1/3  of  the  costs  of  UPS,  as  a  compensation  for  the  Commission’s 
sufficiently  serious  breach  of  its  due  process  rights  during  the  administrative  procedure 
leading to the prohibition decision in 2013. UPS appealed the judgment. In the ASL case, the 
Court ruled that a simple general reference to UPS’ claims as the basis for its own claims was 
inadmissible.  

In an important judgment on ‘gun jumping’, the  Union Courts confirmed the Commission’s 
approach. On 18 May 2022, the General Court upheld in its entirety the Commission decision 
in  Canon77.  The  General  Court  ruled  that  a  partial  implementation  of  a  concentration  via  a 
parking  structure  contributes  to  the  envisaged  ultimate  change  of  control  and  can  be  fined 
concurrently for breaches of Articles 4(1) and 7(1) of the EU Merger Regulation. 

On the same day, the General Court also dismissed the appeal brought by Wieland against the 
2019  Commission’s  decision  prohibiting  the  acquisition  by  Wieland  of  Aurubis  Rolled 
Products and Aurubis' stake in Schwermetall78. In its judgment, the General Court confirmed 
that the Commission’s approach to market definition of copper products was appropriate and 
reflected market reality. It also upheld the Commission’s assessment of the risk of creation of 
a significant impediment to effective competition in the markets for rolled copper products in 
the  EEA.  Furthermore  the  General  Court  confirmed  the  Commission’s  rejection  of  the 
commitments proposed by Wieland as neither effective nor comprehensive. 

On 22 June 2022 the General Court upheld the Commission’s 2019 decision prohibiting the 
creation  of  a  joint  venture  by  Tata  Steel  and  thyssenkrupp79.  In  its  judgment,  the  General 

law  of  9.12.1997,  SWD 

the  purposes  of  Community  competition 

75 Commission Staff Working Document, Evaluation of the Commission Notice on the definition of relevant market 
for 
final,  12.7.2021, 
https://ec.europa.eu/competition-policy/system/files/2021-07/evaluation_market-definition-notice_en.pdf  
76 Judgments of the General Court of 23.2.2022 in parallel Cases T-834/17, UPS v Commission, EU:T:2022:84 and T-
540/18, ASL v Commission, EU:T:2022:85. The judgment in T-834/17 was appealed by UPS. 
77 Judgment of the General Court of 18.5.2022, Case T-609/19, Canon Inc. v European Commission, EU:T:2022:299. 
78  Judgment  of  the  General  Court  of  18.5.2022,  Case  T-251/19,  Wieland-Werke  AG  v  European  Commission, 
EU:T:2022:296. 
79  Judgment  of  the  General  Court  of  22.6.2022,  Case  T-584/19,  thyssenkrupp  AG  v  European  Commission, 
EU:T:2022:386.  

(2021)  199 

21 

 
                                                 
Court  fully  upheld  the  Commission’s  assessment  and  confirmed  the  finding  of  a  significant 
impediment  to  effective  competition  in  the  European  Economic  Area  markets  for  certain 
automotive steel products, where the merger was found to eliminate an important competitive 
constraint, and packaging steel products where the merged entity would achieve dominance in 
certain  segments  of  the  market.  The  General  Court  further  found  that  the  Commission 
correctly concluded that the remedies offered by the parties were insufficient to eliminate the 
identified significant impediments to effective competition. 

Lastly, the General Court upheld the Commission’s referral decisions under Article 22 of the 
EU  Merger  Regulation  in  the  Illumina/GRAIL  case,  which  marked  the  first  time  that  the 
Commission applied its recalibrated approach to merger referrals under Article 22 of the EU 
Merger  Regulation.  It  followed  the  announcement  by  EVP  Vestager  that  the  Commission 
would no longer discourage Member States from requesting a referral of cases which are not 
notifiable  in  that  Member  State,  to  ensure  that  mergers  involving  companies  whose  (low) 
turnover  does  not  appropriately  reflect  their  importance  for  competition  can  be  subject  to 
merger review. In March 2021, the Commission published guidance in that respect. Illumina 
supported  by  GRAIL  challenged  the  Commission’s  decisions  of  19  April  2021  to  accept 
jurisdiction over the case after such a referral. On 13 July 2022, the General Court dismissed 
the action80. The impact of this judgment is very significant, as the General Court confirmed, 
inter  alia,  that  transactions  referred  under  Article  22  of  the  EU  Merger  Regulation  do  not 
need to fall within the scope of the merger control rules of the Member State requesting the 
referral.  The  judgment  of  the  General  Court  is  currently  under  appeal  before  the  Court  of 
Justice.  

3. 

STATE AID CONTROL 

State aid control  is an integral part of EU competition policy and a  necessary safeguard to preserve effective 
competition and free trade in the single market. 

The Treaty establishes the principle that State aid which distorts or threatens to distort competition is prohibited 
in so far as it affects trade between Member States (Article 107(1) TFEU). However, State aid, which contributes 
to well-defined objectives of common interest without unduly distorting competition between undertakings and 
trade  between  Member  States,  may  be  considered  compatible  with  the  internal  market  (under  Article  107(3) 
TFEU).  

The objectives of the Commission’s control of State aid are to ensure that aid is growth-enhancing, efficient and 
effective,  and  better  targeted  in  times  of  budgetary  constraints,  that  aid  does  not  restrict  competition  but 
addresses market failures for the benefit of society as a whole. In addition to this, the Commission acts to prevent 
and recover State aid which is incompatible with the internal market. 

The  Commission  continued  to  apply  in  2022  the  Temporary  Framework  for  State  aid 
measures to support the economy in the COVID-19 pandemic, adopted in 2020 and amended 
for  a  total  of  six  times,  while  embarking  on  a  path  of  phase-out.  It  allowed  well-targeted 
public  support  to  remedy  the  serious  disturbance  in  the  economy  of  Member  States  by 

80  Judgment  of  the  General  Court  of  13.7.2022,  Case  T-227/21,  Illumina,  Inc.  v  European  Commission, 
EU:T:2022:447. 

22 

 
 
                                                 
countering the disruptions caused by the pandemic and to preserve the continuity of economic 
activity. In addition, the Commission adopted in March 2022 a Temporary Crisis Framework 
to  enable  Member  States  to  use  the  flexibility  foreseen  under  State  aid  rules  to  support  the 
economy in the context of Russia's invasion of Ukraine, while limiting negative consequences 
to the level playing field in the Single Market.  

To prepare the exit from the economic and social crisis caused by COVID-19 and by Russia’s 
invasion  of  Ukraine  towards  a  sustainable  and  resilient  recovery  of  the  EU  economy  with 
focus  on  green  and  digital  transition  and  an  increased  independence  on  fossil  fuels,  DG 
Competition  together  with  other  Commission  services  continued  to  assist  Member  States  in 
preparing  their  Recovery  and  Resilience  Plans  (RRPs).  In  addition  to  dealing  as  swiftly  as 
possible  with  State  aid  cases  on  RRF  measures,  DG  Competition  continued  to  provide 
practical guidance on State aid notifications81 and guiding templates to assist Member States 
in  the design of the State aid  elements  of their  RRPs in line with  EU State aid  rules and to 
provide  guidance  on  the  State  aid-related  aspects  of  the  types  of  investments  which  are 
expected to be common to most of those plans82.  

In  addition  to  crisis  response  and  recovery,  the  Commission  adopted  in  2022  revised  EU 
Guidelines  for  State  aid  for  climate,  environmental  protection  and  energy  (‘CEEAG'),  the 
revised  Framework  for  State  aid  for  the  promotion  of  research  and  development  and 
innovation  (‘RDI  Framework’),  new  Broadband  Guidelines,  revised  Agricultural  Guidelines 
and  Block  Exemption  Regulation  and  revised  Fisheries  Guidelines  and  Block  Exemption 
Regulation.  It  also  continued its work on revising the  General  Block Exemption  Regulation 
targeted to the green and digital transition, consulting Member States on an updated draft in 
September,  and  on  the  revision  of  the  Fisheries  de  minimis  Regulation.  The  review  of  the 
sector specific rules and guidance is elaborated further in the second part of the Staff Working 
Document in the sectoral overview below.  

3.1.  Temporary  Crisis  Framework  for  State  Aid  measures  to  support  the  economy 
following the aggression against Ukraine by Russia 

On  23  March  2022,  the  Commission  adopted  a  Temporary  Crisis  Framework  for  State  Aid 
measures  to  support  the  economy  following  the  aggression  against  Ukraine  by  Russia 
(‘TCF’)83. The TCF allows liquidity support for all undertakings directly or indirectly affected 
by the crisis and aid to undertakings, in particular energy-intensive commercial consumers, to 
compensate for part of their increase in energy costs due to the price shock since the Russian 
invasion, while including a number of safeguards to preserve the level playing field.  

On 20 July 2022, the TCF was amended84 to complement the Winter Preparedness Package85 
and in line with the objectives of the REPowerEU plan86.  

81 See: https://competition-policy.ec.europa.eu/system/files/2022-
02/practical_guidance_to_MS_for_notifications_under_RRF.pdf  
82 See: https://competition-policy.ec.europa.eu/state-aid/coronavirus/rrf-guiding-templates_en 
83  Communication  from  the  Commission  -  Temporary  Crisis  Framework  for  State  Aid  measures  to  support  the 
economy following the aggression against Ukraine by Russia, OJ C 131I , 24.3.2022, p. 1.  
84 Communication from the Commission – Amendment to the Temporary Crisis Framework for State Aid measures to 
support  the  economy  following  the  aggression  against  Ukraine  by  Russia,  OJ  C  280,  21.7.2022,  p.  1.  This  first 

23 

 
                                                 
 
On 28 October 2022, the Commission adopted a Communication replacing the previous TCF 
with an updated TCF87. It sets the main principles for potential recapitalisations, especially for 
energy  companies,  increases  the  maximum  allowed  aid  levels  for  small  aid  amounts,  and 
provides  additional  flexibility  for  guarantees  for  energy  companies  to  cover  their  liquidity 
needs. It also simplifies and adjusts the rules for aid granted in view of increased energy costs. 

A particular need for liquidity support has emerged in the energy sector, most notably related 
to an increased need for financial collaterals for trading activities on the energy market. The 
TCF  reflects  this  particularity  by  a  more  permissive  temporary  regime  for  this  type  of 
liquidity  support.  The  Commission  has  accepted  sector  specific  schemes  in  Denmark, 
Belgium and Finland88. 

In 2022, the Commission adopted 195 decisions, approving 182 national measures notified by 
27 Member States. The overall budget that Member States notified to the Commission under 
such State aid measures amounted to around EUR 670 billion. Some 53% of the approved aid 
had been notified by  Germany, 24% by France  and 7% by  Italy89,  which however does not 
represent the amounts actually paid out.  

3.2.  Temporary  Framework  for  State  aid  measures  to  support  the  economy  in  the 
current COVID-19 outbreak 

The Commission had adopted in March 2020 a Temporary Framework for State aid measures 
for State aid measures to support the economy in the current COVID-19 outbreak (Temporary 
Framework’)90  to  enable  Member  States  to  use  the  full  flexibility  foreseen  under  State  aid 
rules  to  support  the  economy.  The  Temporary  Framework,  which  was  initially  established 
with  an  expiry  date  of  31  December  2020,  provided  a  number  of  aid  measures  that  the 
Commission considers compatible under Article 107(3)(b) and Article 107(3)(c) TFEU, such 
as  limited  amount  of  aid  and  State  guarantees  for  loans.  The  aim  of  the  Temporary 
Framework  was  to  allow  Member  States  to  tackle  the  difficulties  undertakings  are 
encountering  as a result of the pandemic  whilst  maintaining the integrity of the EU internal 
market  and  ensuring  free  and  fair  competition.  The  Temporary  Framework  included  certain 

amendment  included  provisions  for  Member  States  to  provide  support  to  accelerate  the  rollout  of  renewable  energy 
and to facilitate the decarbonisation of industrial processes. 
85  Proposal  for  a  Council  Regulation  on  coordinated  demand  reduction  measures  for  gas,  COM/2022/361  final, 
20.07.2022. 
86 Communication from the Commission, REPowerEU Plan, COM(2022) 230 final, 18.05.2022. 
87  Communication  from  the  Commission  -  Temporary  Crisis  Framework  for  State  Aid  measures  to  support  the 
economy  following  the  aggression  against  Ukraine  by  Russia,  OJ  C  426,  9.11.2022,  p.  1.  This  Temporary  Crisis 
Framework  replaces  the  Temporary  Crisis  Framework  adopted  on  23  March  2022,  as  amended  on  20  July  2022 
(‘previous Temporary Crisis Framework). The previous Temporary Crisis Framework was withdrawn with effect from 
27 October 2022. 
88  Case  SA.104273,  Belgium  -  TCF  -  State  aid  scheme  in  the  context  of  the  economic  crisis  caused  by  Russia’s 
aggression  against  Ukraine;  Case  SA.104602,  Denmark  –  TCF  -  Guarantee  scheme  for  financial  collaterals  for 
electricity and gas companies; Case SA.104224, Finland – TCF - State Aid liquidity support in the energy sector; Case 
SA.104267, Finland - TCF - Subsidised loans in energy sector. 
89 Source: Directorate-General for Competition. 
90 Communication from the Commission: Temporary framework for State aid measures to support the economy in the 
current COVID-19 outbreak, OJ C 91 I, 20.3.2020, p. 1, as amended by Commission Communications C(2020) 2215, 
OJ C 112I, 4.4.2020, p. 1; C(2020) 3156, OJ C 164, 13.5.2020, p. 3; C(2020) 4509, OJ C 218, 2.7.2020, p. 3; C(2020) 
7127, OJ C 340I, 13.10.2020, p. 1 and C(2021) 564, OJ C 34, 1.2.2021, p. 6, C(2021) 8442, OJ C 473, 24.11.2021, p. 
1 and C(2022) 7902 of 28 October 2022. 

24 

 
                                                                                                                                                         
requirements  related  to  the  green  and  digital  transformation.  Large  undertakings  that  have 
received recapitalisation aid need to report on how the aid received supports their activities in 
line  with  EU  targets  and  national  obligations  related  to  green  and  digital  transformation, 
including the EU’s 2050 climate neutrality objective.  

In May 2022, the Commission announced that it would phase out the Temporary Framework 
on  30  June  2022  with  some  exceptions.  In  particular,  investment  and  solvency  support 
measures  may  still  be  put  in  place  until  31  December  2023.  In  addition,  the  Temporary 
Framework already provides for a flexible transition, under clear safeguards, in particular for 
the  conversion  and  restructuring  options  of  debt  instruments,  such  as  loans  and  guarantees, 
into other forms of aid, such as direct grants, until 30 June 2023. 

In  2022,  the  Commission  adopted  217  decisions,  approving  123  new  national  measures  in 
response  to  the  serious  disturbance  in  the  economy  related  to  the  COVID-19  outbreak.  The 
total budget notified to the Commission under such State aid measures was around EUR  29 
billion.  

3.3. Recovery and Resilience Facility (RRF)  

The  implementation  of  the  national  Recovery  and  Resilience  Plans  (RRPs)  under  the 
Recovery  and  Resilience  Facility  (RRF)  has  been  progressing  well.  State  aid  control 
continues to ensure that any competition distortions that measures included in the RRPs may 
cause are limited to the minimum necessary.  This will help European companies to  become 
resilient, healthy and competitive following the economic and social crisis caused by Covid-
19 and by Russia’s invasion  of Ukraine. Where  measures  constitute State aid,  they must be 
notified to the Commission, unless they are implemented under a block-exemption regulation 
or  under  an  existing  authorised  scheme.  To  facilitate  this  process,  DG  Competition  has 
published  a  Practical  guidance  to  Member  States  for  a  swift  treatment  of  State  aid 
notifications in the RRF framework91 and will continue to provide guidance and templates to 
the Member States. 

3.4. Aid for horizontal objectives  

Over the years, the architecture of State aid control has evolved. Today, a substantial part of 
aid  is  granted  under  block-exempted  schemes,  which  are  not  examined  by  the  Commission 
before  entering  into  force.  State  aid  for  horizontal  objectives  generally  accounts  for  the 
overwhelming  majority  of  all  aid.  Already  now,  the  Block  Exemption  Regulations  (GBER, 
ABER, FIBER)92 allow Member States to implement a wide range of public support measures 
in areas such as research and development, environmental protection, broadband connectivity, 

91 See: https://ec.europa.eu/competition/state_aid/what_is_new/practical_guidance_to_MS_for_notifications_under_RRF.pdf 
92  Commission  Regulation  (EU)  No  651/2014  of  17.6.2014  declaring  certain  categories  of  aid  compatible  with  the 
internal  market  in  application  of  Articles  107  and  108  of  the  Treaty,  OJ  L  187,  26.6.2014,  p.  1;  Commission 
Regulation (EU) No 702/2014 of 25.6.2014 declaring certain categories of aid in the agricultural and forestry sectors 
and  in  rural  areas  compatible  with  the  internal  market  in  application  of  Articles  107  and  108  of  the  Treaty  on  the 
Functioning  of  the  European  Union,  OJ  L  193,  1.7.2014,  p.  1;  Commission  Regulation  (EU)  No  1388/2014  of 
16.12.2014 declaring certain categories of aid to undertakings active in the production, processing and marketing of 
fishery  and  aquaculture  products  compatible  with  the  internal  market  in  application  of  Articles  107  and  108  of  the 
Treaty on the Functioning of the European Union, OJ L 369, 24.12.2014, p. 37. 

25 

 
                                                 
regional development or support to SMEs, without prior notification if certain conditions are 
fulfilled. As illustrated by the graphs below, much of horizontal aid falls under the GBER.  

Figure 4: State aid expenditure 2011-2021 

Figure 5: GBER State aid expenditure by objective in the EU, excluding aid for agriculture, fisheries 
and railways 

3.4.1. Evaluation of aid schemes 

Evaluation  of  aid  schemes  is  another  requirement  introduced  by  State  Aid  Modernisation 
(‘SAM’)93. The aim is to gather the necessary evidence to better identify the impact, positive 

93 See: https://competition-policy.ec.europa.eu/state-aid/legislation/modernisation_en  

26 

 
 
 
 
 
                                                 
and negative, of the aid and to provide input for future policy-making by the Member States 
and  the  Commission.  Since  1  July  2014,  evaluation  is  required  for  large  GBER  schemes  in 
certain aid categories94 as well as for a selection of notified schemes under the new generation 
of State aid guidelines.95  

By the  end of 2022, the Commission  had approved evaluation plans covering  118  State  aid 
schemes.  Ten  additional  schemes  were  still  under  analysis,  covering  a  total  of  19  Member 
States96 and the United Kingdom. Most of these decisions concerned either large regional aid 
projects  or  Research,  Development  and  Innovation  (‘RDI’)  aid  schemes  under  GBER  or 
notified  energy  and  broadband  schemes.  In  total,  these  schemes  account  for  over  EUR  62 
billion in annual State aid budget. By the end of 2022, the Member States had delivered to the 
Commission  32  interim  and  36  final  evaluation  reports.  They  were  assessed  by  the 
Commission services and considered to be of average to good quality97.  

In 2022, the Commission has continued with the harmonisation of the evaluation requirement 
across  legal  bases.  This  process  was  started  in  2021  to  take  into  account  the  experience 
maturated  over  the  course  of  the  previous  years  as  well  as  the  2020  fitness  check  and  fact-
finding study to  assess the implementation  of the evaluation  requirement as foreseen by the 
GBER  and  relevant  guidelines.  The  revised  version  of  the  evaluation  requirement  features 
already in the newly approved guidelines on Regional aid, Risk Finance and ETS. 

In  2022,  the  Commission  resumed  the  annual  dedicated  workshops  with  Member  States' 
representatives  and  evaluation  experts,  which  had  been  suspended  due  to  the  COVID-19 
situation.  The  current  priority  of  the  Commission  is  to  comprehensively  assess  evaluation 
reports, both intermediate and final ones, in order to: (i) give appropriate feedback to Member 
States, (ii) make sure that results are used for better policy-making, and (iii) provide evidence 
to assist Member States when reflecting on future legal developments. 

3.4.2. Aid for research, development and innovation (RDI) 

Research,  development  and  innovation  (‘RDI’)  are  key  drivers  of  economic  growth  and  are 
necessary  to  achieve  a  variety  of  policy  objectives,  including  those  of  the  European  Green 
Deal  and  of  the  Digital  Strategy.  State  interventions  can  be  necessary  to  address  market 
failures that may result in a level of RDI activities which is too low from the point of view of 
society.  State  aid  expenditure  for  RDI  reported  by  Member  States  reached  in  2020  an 
unprecedented level of approx. EUR 18.8 billion98, significantly higher than the expenditure 

94 Schemes with an average annual State aid budget above EUR 150 million in the fields of regional aid, aid for SMEs 
and  access  to  finance,  aid  for  research  and  development  and  innovation,  energy  and  environmental  aid  and  aid  for 
broadband infrastructures. 
95 Evaluation can apply to notified aid schemes with large budgets, containing novel characteristics or when significant 
market, technology or regulatory changes are foreseen. 
96 Austria, Croatia, Czechia, Finland, France, Germany, Greece, Hungary,  Ireland, Italy,  Lithuania, Poland, Portugal, 
Romania, Slovakia, Spain, and Sweden. 
97  All  the  submitted  evaluation  reports  are  reviewed  by  the  JRC  within  the  framework  of  the  Administrative 
Arrangement  established  between  DG  Competition  and  the  JRC  on  the:  "Support  to  the  quality  assessment  of 
evaluation reports in the area of State Aid, 2018-2020". The JRC has continued to support DG Competition under the 
new Administrative Arrangement for the “Support to the quality assessment of evaluation plans and reports in the area 
of State Aid, 2021-2023 (EVALSA II)”. 
98 See the 2022 State Aid Scoreboard (forthcoming). 

27 

 
                                                 
reported in 2014 of approx. EUR 8.1 billion (in current prices). The vast majority of aid for 
RDI,  approx.  EUR  17.7  billion,  is  granted  under  the  relevant  provisions  of  the  GBER, 
meaning that very few measures in this area are notified by Member States. In April 2022, the 
Commission  approved  a  French  aid  scheme  to  support  RDI  projects,  which  is  part  of  the 
“France  2030”  recovery  program  that  aims  to  develop  industrial  competitiveness  and  future 
technologies99.  

The review of the RDI Framework – launched in 2019 as part of the State aid Fitness Check – 
was  completed  in  October  2022100.  The  new  RDI  Framework  adopted  by  the  Commission 
includes a number of targeted revisions compared to the 2014 Framework, which it replaces. 
In  particular:  1)  some  definitions  of  research  and  innovation  activities  eligible  for  support 
have  been  updated,  specifically  with  respect  to  digital  technologies  and  activities  related  to 
digitalisation (e.g. super-computing, quantum technologies, block chain, artificial intelligence, 
cyber security, big data  and cloud  or  edge  computing); 2) a new category  of  aid  for  testing 
and  experimentation  infrastructures  has  been  introduced  to  further  enable  the  development 
and  eventual  deployment  of  breakthrough  technologies,  in  particular  by  SMEs;  3)  certain 
rules  were  simplified  to  facilitate  the  practical  application  of  the  rules  including  with  a 
simplified mechanism to determine the indirect costs of research and development projects.  

3.4.3.  Aid  enabling  Member  States  jointly  to  support  important  projects  of  common 

European interest – IPCEIs 

Under  Article  107(3)(b)  of  the  TFEU,  State  aid  for  the  execution  of  important  projects  of 
common European interest (‘IPCEIs’) can be found compatible with the internal market. This 
provision  had  remained  largely  unused  until  the  Commission  adopted  in  2014  a  dedicated 
Communication  laying  out  the  assessment  criteria  for  this  kind  of  projects101.  Following  an 
evaluation and an extensive public consultation, a revised IPCEI Communication was adopted 
in November 2021102 and is applied since 1 January 2022. 

The revised IPCEI Communication  i) enhances the European and open character of IPCEIs, 
by providing that IPCEIs must ordinarily involve at least four Member States and by requiring 
that IPCEIs are designed in a transparent and inclusive manner; ii) facilitates the participation 
of  SMEs  in  IPCEIs  and  enhances  the  benefits  of  their  involvement,  for  example  through 
specific facilitations for the assessment of the compatibility of the aid to SMEs; and iii) aligns 
the rules with the current EU priorities, for example by  requiring Member States to provide 
evidence of compliance with the ‘do no significant harm' environmental principle.  

The  revised  IPCEI  Communication  has  been  applied  twice  in  2022,  in  both  cases  for 
integrated projects in the hydrogen value chain.  These two IPCEIs were approved in July103 

99  Case  SA.102230,  France  -  French  notified  scheme  for  RDI  aid  as  part  of  the  “France 2030”  recovery  program; 
following an amendment approved by the Commission in July 2022, the budget of this French scheme was increased 
to EUR 3.7 billion. 
100 See the press release of 19.10.2022: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_6233  
101  Communication  from  the  Commission,  Criteria  for  the  analysis  of  the  compatibility  with  the  internal  market  of 
State aid to promote the execution of important projects of common European Interest, OJ C 188, 20.6.2014, p. 4. 
102 C(2021) 8481 final of 25.11.2021. 
103 See the press release of 15.7.2022: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_4544  

28 

 
                                                 
and  September  2022104.  The  first  one,  ‘Hy2Tech’,  includes  41  projects  in  15  Member 
States105.  It  enables  breakthrough  innovations  for  technologies  related  to  the  generation, 
transport and storage of hydrogen as well as fuel cells and end-use applications especially in 
the mobility sector. The second one, ‘Hy2Use’, includes 35 projects in 13 Member States106. 
This  IPCEI  enables  the  construction  of  large  scale  hydrogen-related  infrastructure  of  great 
importance  for  the  EU  and  supports  innovations  related  to  the  use  of  hydrogen  in  some 
energy-intensive industrial sectors such as steel, cement and glass.   

3.4.4. Aid strengthening the resilience of the EU semiconductors ecosystem 

The State aid  rules also  provide a number of possibilities to  strengthen the resilience of the 
EU  semiconductors  ecosystem,  including  aid  for  research  and  development  and  support  in 
line with the rules on IPCEIs. In addition, and as announced in the Chips Act Communication 
of  February  2022107,  the  Commission  will  assess  State  aid  proposed  by  Member  States  to 
support new advanced production facilities that will strengthen the semiconductor value chain 
in Europe directly under Article 107(3)(c) TFEU.  

This  Communication  also  sets  out  the  main  elements  the  Commission  will  consider  in  the 
required balancing between positive effects  of such aid  and its potential negative impact  on 
trade  and  competition  in  the  internal  market.  In  particular,  the  Commission  will  consider  if 
such facilities are first-of-a-kind in Europe and will ensure that any such aid has an incentive 
effect, is necessary, appropriate, and proportionate.  

In  October  2022,  the  Commission  approved  a  EUR  292.5  million  Italian  State  aid  measure 
supported  by  the  RRF  to  support  STMicroelectronics  in  the  construction  of  a  plant  in  the 
semiconductor value chain in Catania, Sicily108. The project concerns a production facility for 
specific  semiconductor  wafer  substrates  that  are  important  for  the  further  electrification  of 
mobility but also industrial applications as well as for the generation of renewable energies. It 
will strengthen Europe's semiconductors supply chain and help deliver the  green and digital 
transition while limiting potential distortions of the market. 

3.4.5. Regional aid  

The revised Guidelines on regional State aid, adopted in April 2021109, entered into force on 1 
January 2022. It was for the Member States to notify their regional aid maps to apply as from 
that date. In 2021, regional aid maps were adopted for about half of the Member States. The 
remaining  regional  aid  maps  were  adopted  in  the  first  half  of  2022.  The  Commission  also 
adopted several amendments to those regional aid maps, for instance for France and Italy to 

104 See the press release of 21.9.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_5676  
105  Austria,  Belgium,  Czechia,  Denmark,  Estonia,  Finland,  France,  Germany,  Greece,  Italy,  Netherlands,  Poland, 
Portugal, Slovakia and Spain 
106  Austria,  Belgium,  Denmark,  Finland,  France,  Greece,  Italy,  Netherlands,  Poland,  Portugal,  Slovakia,  Spain  and 
Sweden;  this  also  includes  two  projects  in  Norway,  which  were  assessed  in  parallel  by  the  EFTA  Surveillance 
Authority.  
107 Communication from the Commission to the European Parliament, the Council, the European Economic and Social 
Committee and the Committee of the Regions – A Chips Act for Europe, COM(2022) 45 final of 8.2.2022. 
108  Case  SA.103083,  Italy  -  RRF  -  STMicrolectronics  S.R.L;  see  also  the  press  release  of  4.10.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/IP_22_5970  
109 Communication from the Commission, Guidelines on regional State aid, OJ C 153, 29.4.2021, p. 1.  

29 

 
                                                 
include their so-called ‘c’ areas, or for Greece and Austria to update their regional aid map, 
after  the  approval  of  the  respective  Territorial  Just  Transition  Plan  that  identified  the 
territories eligible for support from the Just Transition Fund110. 

In 2022, the Commission adopted several decisions concerning regional aid. The Commission 
authorised regional investment aid to Volta Energy Solutions111 for the extension of a battery 
copper  foil  plant  in  Hungary  and  to  SK  On  Hungary112  for  a  new  battery  cell  plant  in 
Hungary.  As  to  the  Hungarian  support  to  Rubin  NewCo113  for  the  construction  of  a  new 
automotive  components  plant,  the  Commission  decided  to  open  the  in-depth  investigation. 
The  Commission  also  approved  regional  investment  aid  to  LG  Chem114  to  support  the 
expansion of a battery cell production facility for electric vehicles in Poland. 

The  Commission  further  adopted  several  amendments  to  an  operating  aid  scheme  in  the 
French outermost region of Saint Martin115 and adopted decisions to support the production of 
rum  and  certain  other  alcoholic  products  in  the  French116  and  Portuguese117  outermost 
regions. 

The Commission also approved an evaluation plan for a large Greek scheme118, implemented 
under the General Block Exemption Regulation. 

3.4.6. Aid to risk finance 

Member States can support young SMEs and certain other non-large enterprises, such as start-
ups or certain middle-capitalisation firms (mid-caps), typically suffering from limited access 
to finance through equity, guarantees, loans or fiscal incentives to grow and develop their full 
potential in the face of asymmetric information available to investors.  

Risk finance aid for SMEs and start-ups, up to EUR 15 million per beneficiary, can be block-
exempted under the General Block Exemption Regulation (GBER at section 3, Articles 21 to 

110 Regulation (EU) 2021/1056 of the European Parliament and the Council, establishing the Just Transition Fund, OJ 
L 231, 30.6.2021, p. 1. 
111 Case SA.59516, Hungary - LIP - Regional investment aid to Volta Energy Solutions Kft. 
112 Case SA.63328, Hungary - Regional investment aid to SK On Hungary Kft.  
113 Case SA.63470, Hungary - Regional investment aid to Rubin NewCo 2021 Kft. 
114 Case SA.53903, Poland –LIP - Regional investment aid to LG CHEM 2. 
115  Case  SA.100457,  France  -  Aide  fiscale  à  l'investissement  productif  ou  à  l'investissement  dans  le  secteur  du 
logement  (  intermédiaire  ou  en  location-accession  à  la  propriété)  à  Saint-Martin;  Case  SA.102248,  France  - 
Amendement  au  régime  SA.62675  d’aide  fiscale  à  l’investissement  outre-mer  en  faveur  du  logement  social  à  Saint-
Martin 2021-2025. 
116 Case SA.63903,  France - Taux d'accise réduit sur le rhum traditionnel produit dans les départements et régions 
d’outre-mer (2022-2027). 
117 Case SA.61045, Portugal – Reduced rate of excise duty on certain alcoholic products produced in the Autonomous 
Region  of  the  Azores,  from  1.1.2021  to  31.12.2027;  Case  SA.102547,  Portugal  –  Second  prolongation  of  State  aid 
scheme  SA.38823  -  Reduced  rate  of  excise  duty  applied  to  rum  and  liqueurs  produced  and  consumed  in  the 
Autonomous Region of the Madeira for the period 1 January until 31 July 2022; Case SA.103398, Portugal – Reduced 
rate  of  excise  duty  on  certain  alcoholic  products  produced  in  the  Autonomous  Region  of  Madeira  from  1.8.2022  to 
31.12.2027.  
118 Case SA.102933, Greece - Evaluation plan of the General Entrepreneurship and Entrepreneurship for Small and 
Micro Enterprises schemes of Development Law 4399/2016. 

30 

 
                                                 
24119);  whereas  aid  to  innovative  or  small  mid-caps,  or  aid  that  goes  beyond  the  GBER 
conditions, can be approved by the Commission under the Risk Finance Guidelines120.  

The revised Risk Finance Guidelines121 entered into force on 1 January 2022. Their structure 
has been reorganised; moreover, they now clarify in more detail the elements of the  ex ante 
assessment that the Member States must carry out to demonstrate the identified obstacles for 
access to finance and how the notified aid would address them, and specify in which cases the 
evidence provided in this ex ante assessment can be more limited (i.e. for start-ups and SMEs 
before first commercial sale) or where the funding gap must be identified (i.e. for cases where 
the  aid  exceeds  EUR  15  million  per  beneficiary).  Finally,  the  Guidelines  were  aligned  with 
the GBER conditions, for example for the expanded definition of ‘innovative’ beneficiaries.   

3.4.7. Infrastructure support measures 

In  January  2022,  the  Commission  approved  a  Spanish  scheme  under  the  Recovery  and 
Resilience Facility to support the deployment of intelligent transportation systems on Spanish 
motorways  and  tunnels122.  In  March  2022,  the  Commission  approved  a  Lithuanian  measure 
for the construction of a multifunctional complex in Vilnius123. 

3.4.8.  Increased  monitoring  of  existing  State  aid  to  ensure  competition  on  fair  and 

equal terms 

Despite the exceptionally high number of Commission decisions approving aid schemes put 
in  place  due  to  the  outbreak  of  COVID-19  pandemic,  83%  of  the  new  State  aid  measures 
implemented in 2021 are covered by a block-exemption regulation124. Among all the State aid 
measures  active  in  the  same  year,  approximately  81%  are  GBER,  ABER  and  FIBER 
measures125. These figures show that it is essential for the Commission to verify that Member 
States  apply  State  aid  schemes  correctly  and  that  they  only  grant  aid  when  all  required 
conditions  are  met.  Monitoring  is  the  counterweight  to  ‘self-assessment’  by  Member  States 
resulting  from  the  exemption  from  the  notification  obligation  (for  example  the  GBER)  and 
also a necessary complement of the approval of State aid schemes by the Commission. 

3.4.9. Restoring competition by recovering State aid granted in breach of the rules 

To  ensure  the  integrity  of  the  internal  market,  Member  States  must  take  all  necessary 
measures to recover unlawful and incompatible aid. The purpose of recovery is to restore the 
situation that existed on the internal market prior to the granting of the aid. This is necessary 
to ensure that competition in the Single Market can take place on fair and equal terms.  

In  2022  the  Commission  adopted  one  new  recovery  decision,  ordering  the  Member  State 

119 Commission Regulation (EU) No 651/2014 of 17.6.2014, OJ L 187, 26.6.2014, p. 1, as amended. 
120 The new Communication from the Commission - Guidelines on State aid to promote risk finance investments, OJ C 
508, 16.12.2021, p. 1, entered into force on 1 January 2022. 
121  Communication  from  the  Commission,  Guidelines  on  State  aid  to  promote  risk  finance  investments,  OJ  C  508, 
16.12.2021, p. 1. 
122 SA.62986, RRF – Spain - Intelligent Transportation Services (ITS) for the road sector and other services related to 
road safety and maintenance. 
123  SA.62831,  Lithuania  -  Individual  aid  for  the  development  of  the  multifunctional  health,  education,  culture  and 
business support complex in Vilnius. 
124 See the State Aid Scoreboard 2022 (forthcoming). 
125 See the State Aid Scoreboard 2022 (forthcoming). 

31 

 
                                                 
concerned  to  recover  EUR  8.5  million126.  50  recovery  cases  (resulting  from  previously 
adopted negative decisions with recovery) were pending at the end of 2022. 

By  31  December  2022,  the  sum  of  unlawful  and  incompatible  aid  recovered  from 
beneficiaries  amounted  to  EUR  29.6  billion127.  At  the  same  point  in  time,  the  outstanding 
amount pending recovery was EUR 7.6 billion128.  

Recovery decisions adopted in 2022  

1 

Pending recovery cases on 31 December 2022 

50  

In  2022,  the  Commission  imposed  penalties  on  Greece  and  Italy  based  on  Court  judgments 
condemning these two Member States for having infringed EU law on State aid129. 

3.4.10. Cooperation with national courts to ensure the effectiveness of State aid rules  

The  Commission  continued  its  cooperation  with  national  courts  under  Article  29  of  the 
Procedural Regulation130 and according to its Notice on the enforcement of State aid rules by 
national  courts131.  This  includes  direct  case-related  assistance  to  national  courts  when  they 
apply EU State aid law. National courts and tribunals can ask the Commission to provide case 
related  information,  or  to  provide  an  opinion  on  the  application  of  State  aid  rules.  The 
Commission may also submit amicus curiae observations on its own initiative.  

The  Commission  received  two  requests  for  information  in  2022.  It  also  received  three 
requests for legal opinions, two from courts in Latvia and one from a court in Belgium. The 
first  request  for  opinion,  from  the  Regional  Administrative  Court  in  Latvia,  concerned  the 
scope of application of the Temporary Framework adopted by the Commission to address the 
COVID-19 pandemic. The second request from Latvia was sent by the Constitutional Court in 
order to clarify the duration of aid under an approved scheme in the energy sector. Finally, the 
request  for  opinion  received  from  the  Court  of  Appeal  in  Brussels  concerned  the 
implementation of the Belgian capacity mechanism scheme approved by the Commission in 
the energy sector.  

In 2022 the Commission continued to intervene in national proceedings as  amicus curiae132. 

126 Case SA.26494, France - Aéroport de La Rochelle. 
127  The  reference  period  is  1  January  1999  to  31  December  2022.  This  amount  includes  also  the  amount  of  aid 
registered in pending insolvency proceedings. In addition, the amount of EUR 4.5 billion could not be recovered from 
concluded  insolvency  proceedings  because  of  the  lack  of  mass  from  the  liquidation  of  assets  which  did  not  allow 
satisfying the State aid claims. 
128 See also: https://ec.europa.eu/competition-policy/state-aid/procedures/recovery-unlawful-aid_en  
129  Case  SA.15525,  Greece  -  Hellenic  Shipyards;  Case  SA.34572,  Greece  -  State  aid  to  Larko  General  Mining  & 
Metallurgical Company S.A.; Case SA.9398, Italy - Employment measures; Case SA.14895, Italy - Hotel industry in 
Sardinia; Case SA.9440, Italy - Social security charges reduction and exoneration in Venezia and Chioggia. 
130 Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 
TFEU, OJ L 248, 24.9.2015, p. 9. 
131 Communication from the Commission, Commission Notice on the enforcement of State aid rules by national courts, 
OJ C 305, 30.7.2021, p. 1. 
132 The Commission submitted written observations under Article 29(2) of the Procedural Regulation before the district 
court  of  Beiuș,  in  connection with  the  implementation of  its recovery  decision  in  the  Micula  case.  Even  outside  the 
scope of Article 29(2) of the Procedural Regulation, the Commission continues to intervene as amicus curiae in State 
aid-related matters before courts outside the EU and arbitration tribunals inside and outside the EU.  

32 

 
                                                 
To make its views publicly known, the Commission publishes its opinions and amicus curiae 
observations, as well as observations to other bodies, for example, arbitration tribunals, on its 
website133. 

3.5. Significant judgments by the European Union Courts in the State aid area  

In  2022,  the  Union  Courts  adopted  a  number  of  important  State  aid  judgments.  The  following 
overview  is  based  on  a  selection  of  court  judgments,  in  particular  on  the  notions  of  advantage 
and selectivity, the interplay of State aid with bilateral investment treaties, the compatibility 
assessment under various communications, and several points of procedure. 

3.5.1. Advantage and selectivity 

In its judgment T-150/20 Tartu Agro v Commission134, the General Court disagreed with the 
Commission’s use of statistical studies in order to demonstrate the existence of an advantage 
and to calculate the aid amount. In its decision, the Commission had in particular relied on the 
average amount per year obtained from the price ranges and data contained in those studies. 
The General Court considered that the Commission had not sufficiently taken into account the 
prices  corresponding  to  the  lower  end  of  the  price  ranges  used,  the  extent  of  the  margin  of 
error, the context at the time the agreement at issue was concluded and the characteristics of 
the land in question. As a result, the Commission had not been able to sufficiently substantiate 
that these averages corresponded as close as possible to the market value. 

In its judgment in joint  cases T-363/19 and T-456/19 UK and ITV plc v Commission135, the 
General  Court  confirmed  the  Commission’s  assessment  that  the  measures  at  issue  were 
selective.  In  particular,  the  General  Court  found  that  the  UK  controlled  foreign  company 
(CFC)  rules  constituted  the  correct  reference  framework  as  they  were  severable  from  the 
general UK corporate income tax system. That reference framework had a specific objective 
to protect the UK tax base from artificial diversion of profits, in light of which all financing 
transactions  were  in  a  comparable  legal  and  factual  situation.  The  General  Court  also 
confirmed that administrative practicability and the UK’s obligation to refrain from imposing 
disproportionate  obstacles  to  the  freedom  of  establishment  could  not  justify  the  prima  facie 
selectivity of the measure. 

In its judgment in joined cases C-885/19 P and C-898/19 P Fiat Chrysler Finance Europe v 
Commission  and  Ireland  v  Commission136,  the  Grand  Chamber  of  the  Court  annulled  the 
decision of the Commission  on a tax ruling adopted in  favour of an undertaking of the  Fiat 
group by the Luxembourgish authorities. The Court of Justice provided clarification as to the 
assessment of the reference system and, thereby, the establishment of a selective advantage. It 
held  in  particular  that  in  areas  where  EU  tax  law  has  not  been  harmonised,  it  was  for  the 
Member State involved to determine the characteristics of the tax; therefore, only the national 

133 See: https://ec.europa.eu/competition-policy/state-aid/national-courts_en 
134  Judgment  of  the  General  Court  of  13.7.2022,  Case  T-150/20,  Tartu  Agro  AS  v  European  Commission, 
EU:T:2022:443. 
135 Judgment of the General Court of 8.6.2022, Joined Cases T‑363/19 and T‑456/19, United Kingdom and ITV plc v 
European Commission, EU:T:2022:349. 
136 Judgment of the Court of Justice (Grand Chamber) of 8.11.2022, Joined Cases C-885/19 P and C-898/19 P, Fiat 
Chrysler Finance Europe v Commission and Ireland v Commission, EU:C:2022:859. 

33 

 
                                                 
law should be considered when assessing the reference system in direct taxation. Accordingly, 
the  reference  framework  used  by  the  Commission  to  apply  the  arm's  length  principle  to 
integrated  companies  should  have  taken  into  account  the  specific  rules  implementing  this 
principle in the Member State involved.  

3.5.2. State aid and bilateral investment treaties  

In its judgment C-638/19 P Commission v European Food and Others137, the Grand Chamber 
of the Court of Justice confirmed that the State aid rules were applicable to an arbitral award 
rendered after a State’s accession to the European Union, irrespective of the earlier consent to 
the  arbitration  procedure.  The  Court  of  Justice  held  that  the  arbitration  clause  in  a  bilateral 
investment  treaty  concluded  between  a  Member  State  and  a  third  State  was  capable  of 
adversely  affecting the autonomy of  Union  law after the accession of that third State to  the 
European  Union,  and  that  as  from  the  date  of  accession  the  system  of  judicial  remedies 
provided for by the TEU and TFEU replaced the arbitration procedure. The Court’s judgment 
thus  reinstated  the  original  Commission  decision  and  declared  the  Achmea  case-law138 
applicable to the dispute, rendering the arbitral award incompatible with EU law. 

3.5.3. Rescue and Restructuring Guidelines 

In  its  judgment  rendered  in  May  2022,  T-718/20  Wizz  Air  Hungary  v  Commission139,  the 
General Court held that the Commission was entitled to conclude that the notified rescue aid 
granted to the airline company TAROM constituted compatible aid in line with the Rescue and 
Restructuring  Guidelines140.  In particular, the General  Court confirmed that the requirement 
under points 44 and 45 of the Rescue and Restructuring Guidelines that State aid must pursue 
an objective of common interest was not in conflict with the ruling of the Court of Justice in 
the  Hinkley  Point  C  judgment141.  The  General  Court  noted  that  the  Guidelines  required 
Member States to demonstrate how the aid would ‘prevent social hardship or address market 
failure’;  this  could  be  subsumed  under  the  first  condition  laid  down  in  Article  107(3)(c) 
TFEU,  which  allows  State  aid  to  be  found  compatible  when  it  is  intended  to  facilitate  the 
development of certain economic activities or of certain  economic areas.  With regard to the 
plea that the Commission should have opened a formal investigation procedure into that aid 
measure, the General Court held that, even though the Commission may need to go beyond a 
mere examination of the facts and legal points, it cannot be inferred that it would have to seek 
on its own initiative all information which might be connected with the case, even where such 
information  were  in  the  public  domain.  The  General  Court  also  provided  guidance  on  the 
interpretation of the key concepts underlying the so-called “one time, last time” principle. 

137  Judgment  of  the  Court  of  Justice  (Grand  Chamber)  of  22.1.2022,  Case  C-638/19  P,  European  Commission  v 
European Food SA and Others, EU:C:2022:50. 
138  Judgment  of  the  Court  (Grand  Chamber)  of  6.3.2018,  Case  C‑284/16,  Slovak  Republic  v  Achmea  BV, 
EU:C:2018:158. 
139  Judgment  of  the  General  Court  of  4.5.2022,  Case  T-718/20,  Wizz  Air  Hungary  Légiközlekedési  Zrt.  (Wizz  Air 
Hungary Zrt.) v European Commission, EU:T:2022:276. 
140  Communication  from  the  Commission,  Guidelines  on  State  aid  for  rescuing  and  restructuring  non-financial 
undertakings in difficulty, OJ C 249, 31.7.2014, p. 1. 
141 Judgment of the Court of Justice (Grand Chamber) of 22.9.2020, Case C-594/18 P, Republic of Austria v European 
Commission, EU:C:2020:742. 

34 

 
                                                 
In  another  judgment  given  in  May  2022,  T-577/20  Ryanair  v  Commission142,  concerning 
rescue aid to the airline Condor, the General Court clarified that, in order for a service to be 
regarded as ‘important’ under point 44(b) of the Rescue and Restructuring Guidelines, it was 
not  necessary  for  the  undertaking  providing  that  service  to  play  a  systemic  role,  nor  to  be 
entrusted  with  a  service  of  general  economic  interest  or  of  national  importance.  It  was 
sufficient for a Member State to demonstrate a risk of disruption to an important service that 
would be hard to replicate and where it would be difficult for any competitor simply to step 
in. In the case at hand, the General Court stated that the Commission rightfully concluded that 
Condor’s exit from the market was likely to involve a severe market failure as it endangered 
the  immediate  repatriation  of  a  large  number  of  passengers,  which  thus  created  a  risk  of 
disruption to an important service that was hard to replicate. 

3.5.4.  Temporary  Framework  for  State  aid  measures  to  support  the  economy  in  the 

current COVID-19 outbreak 

In its judgment T-657/20 Ryanair v Commission143 relating to aid granted to Finnair under the 
Temporary  Framework144,  the  General  Court  considered  that  while  the  Commission,  in  the 
area  of  State  aid,  was  bound  by  its  guidelines,  the  adoption  of  such  guidelines  did  not, 
however, relieve it of its obligation to examine the specific exceptional circumstances relied 
on by a Member State, in a particular case, for the purpose of requesting the direct application 
of  Article  107(3)(b)  TFEU.  The  General  Court  noted  in  this  respect  that  the  Temporary 
Framework  had  been  adopted  only  a  few  days  after  the  adoption  of  the  first  containment 
measures by the Member States, in order to enable them to act with the urgency required by 
the situation; it could therefore not be expected to cover all the measures that Member States 
were  likely  to  adopt,  and  that  it  had  also  been  amended  several  times.  The  General  Court 
confirmed that in view of the exceptional circumstances caused by the COVID-19 pandemic, 
the  Commission  was  entitled  to  directly  apply  Article  107(3)(b)  TFEU  and  depart  from  the 
requirements in section 3.11 of the Temporary Framework. 

3.5.5. Public service obligation compensation and antitrust infringement  

The  General  Court’s  judgment  T-601/20  Tirrenia  di  navigazione  SpA  v  European 
Commission145  addressed,  among  others,  the  interplay  of  the  State  aid  and  antitrust  rules.  It 
concerned  the  assessment  of  the  compatibility  with  the  State  aid  rules  of  a  public  service 
obligation  (‘PSO’)  compensation  received  by  the  company  Adriatica  for  a  ferry  connection 
while it was at the same time participating in a price fixing cartel146. The General Court noted 

142  Judgment  of  the  General  Court  of  18.5.2022,  Case  T-577/20,  Ryanair  DAC  v  European  Commission, 
EU:T:2022:301. 
143  Judgment  of  the  General  Court  of  22.6.2022,  Case  T-657/20,  Ryanair  DAC  v  European  Commission, 
EU:T:2022:390. 
144 Communication from the Commission: Temporary framework for State aid measures to support the economy  
in the current COVID-19 outbreak, OJ C 91 I, 20.3.2020, p. 1, as amended by Commission Communications  C(2020) 
2215, OJ C 112I, 4.4.2020, p. 1; C(2020) 3156, OJ C 164, 13.5.2020, p. 3; C(2020) 4509, OJ C 218,  
2.7.2020, p. 3; C(2020) 7127, OJ C 340I, 13.10.2020, p. 1 and C(2021) 564, OJ C 34, 1.2.2021, p. 6 and C(2021)  
8442, OJ C 473, 24.11.2021, p. 1. 
145 Judgment of the General Court of 18.5.2022, Case T-601/20, Tirrenia di navigazione SpA v European Commission, 
EU:T:2022:302. 
146 Commission Decision of 9.12.1998 relating to a proceeding pursuant to Article 85 of the EC Treaty  - (IV/34466 - 
Greek Ferries), OJ L 109, 27.4.1999, p. 24. 

35 

 
                                                 
that the aid granted was not by itself contrary to other relevant provisions of Union law (here: 
Article  101  TFEU).  However,  it  agreed  with  the  Commission  that  there  was  a  clear 
contradiction  between  the  objective  pursued  by  the  cartel  to  increase  the  prices  charged  to 
consumers, and the objective pursued by the PSO compensation to maintain a connection for 
users at  affordable prices.  The Commission  was entitled to  take this finding into account  in 
the compatibility assessment. The General Court also rejected the argument of the applicant 
that  in  this  situation,  ordering  recovery  in  addition  to  the  cartel  fine  would  infringe  the 
principle  of  proportionality,  recalling  that  the  cartel  conviction  constituted  a  separate 
infringement and that recovery was the normal result of the incompatibility of State aid. 

3.5.6. Procedural rights  

As  regards  the  concept  of  interested  party,  the  Court  of  Justice  clarified  in  its  judgment  C-
99/21  Danske  Slagtermestre  v  European  Commission147  the  evidential  requirements  for 
applicants  to  demonstrate  direct  and  individual  concern.  In  particular,  it  noted  that  it  was 
sufficient  to  conduct  a  prima  facie  assessment  of  the  risk  that  the  Commission’s  decision 
would lead to a competitive disadvantage for the applicant; there was no need for an in-depth 
analysis of the competitive relationships on the relevant market nor to establish precisely the 
extent of the harm to competition. 

The  Union  Courts  also  clarified  the  requirements  as  regards  the  scope  and  content  of 
decisions to initiate the formal investigation procedure: 

- 

- 

In  its  judgment  in  Joined  Cases  C-167/19  P  and  C-171/19  P  European  Commission  v 
Freistaat  Bayern  and  Others148,  the  Court  of  Justice  held  that  a  decision  of  the 
Commission  to  initiate  the  formal  investigation  procedure  had  to  expressly  and  clearly 
mention  the  relevant  issues  of  fact  and  law  in  order  for  interested  parties  to  be  able  to 
submit their comments effectively. Omitting such an issue, in so far as it played a role in 
the  reasoning  of  the  decision  at  issue,  constituted  a  breach  of  an  essential  procedural 
requirement. This could lead to the annulment of the decision, irrespective of whether that 
breach had caused damage to the person invoking it or whether the procedure could have 
led to a different result. 
In  its  judgment  in  T-508/19  Mead  Johnson  Nutrition  (Asia  Pacific)  and  Others  v 
Commission149, the  General  Court, in  particular, considered that the obligation to  rectify 
or  extend  the  formal  investigation  procedure,  in  order  to  give  interested  parties  the 
opportunity  to  submit  their  comments,  must  also  have  the  character  of  an  essential 
procedural  requirement  where  the  Commission  has  fully  changed  its  reasoning  between 
the opening decision and the final decision.  

147  Judgment  of  the  Court  of  Justice  of  30.6.2022,  Case  C‑99/21  P,  Danske  Slagtermestre  v  European  Commission, 
EU:C:2022:510. 
148 Judgment of the Court of Justice of 10.3.2022, Joined Cases C‑167/19 P and C‑171/19 P, European Commission v 
Freistaat Bayern and Others, EU:C:2022:176. 
149 Judgment of the General Court of 6.4.2022, T-508/19, Mead Johnson Nutrition (Asia Pacific) Pte Ltd and Others v 
European Commission, EU:T:2022:217. 

36 

 
 
                                                 
4. 

DEVELOPING THE INTERNATIONAL DIMENSION OF EU COMPETITION POLICY 

As  world  markets  continue  to  integrate  and  more  companies  rely  on  global  value  chains, 
competition agencies need to increase their collaboration and agree on common standards and 
procedures  more  than  ever  before.  Effectively  enforcing  competition  rules  depends  to  a 
growing extent on co-operation with other enforcement authorities and having effective tools 
to  ensure  a  fair  business  environment  in  the  EU.4.1.  Regulation  on  foreign  subsidies 
distorting  the  internal  market  –  a  new  tool  to  safeguard  the  level  playing  field  in  the 
internal market 
Following the Commission proposal presented in May 2021150, the Council of the European 
Union  and  the  European  Parliament  reached  a  political  agreement  in  June  2022  on  the 
Regulation on foreign subsidies distorting the internal market (‘FSR’). In November 2022, the 
European  Parliament  plenary  voted  in  favour  of  the  final  text151,  which  was  adopted  by  the 
Council on 28 November 2022152. Following its publication in the Official Journal153, the FSR 
entered  into  force  in  early  2023  and  will  start  to  apply  from  12  July  2023.  The  notification 
obligation on companies will start to apply three months later, from 12 October 2023.  

The  Regulation  aims  at  closing  a  regulatory  gap  in  the  Single  Market,  whereby  subsidies 
granted by non-EU governments currently go largely unchecked, while subsidies granted by 
Member States are subject to close scrutiny under EU State aid rules.  

According to the Regulation, companies will have to  notify financial  contributions  received 
from  non-EU  public  authorities  before  concluding  a  concentration  (merger,  acquisition  or 
joint  venture)  or  a  public  procurement  procedure  in  the  EU  above  given  notification 
thresholds. The Regulation  also  allows the Commission to  conduct  ex-officio  investigations 
into other economic activities if it has a suspicion of distortive foreign subsidies.  

4.2. Multilateral relations 

In 2022, the Commission continued its active engagement in international competition related 
fora  such  as  the  OECD  Competition  Committee,  the  International  Competition  Network 
(ICN), and United Nations Conference on Trade and Development (UNCTAD).  

At the OECD Competition Committee meeting in June 2022, the Commission contributed to 
the discussions on environmental regulations and policies supporting electric vehicles, interim 
measures in antitrust investigations154, purchasing power and buyers’ cartels155, market power 

the 

See 

press 

150 Proposal for a Regulation of the European Parliament and of the Council on foreign subsidies distorting the internal 
market, COM(2021) 223 final, 5.5.2021. 
151 See the press release of the European Parliament of 10.11.2022: https://www.europarl.europa.eu/news/en/press-
room/20221107IPR49609/parliament-approves-new-tool-to-ensure-fair-competition-on-the-single-market 
152 
the  Council 
https://www.consilium.europa.eu/en/press/press-releases/2022/11/28/council-gives-final-approval-to-tackling-
distortive-foreign-subsidies-on-the-internal-market/#:~:text=10%3A28-
,Council%20gives%20final%20approval%20to%20tackling%20distortive%20foreign%20subsidies%20on,on%20the
%20EU%20single%20market  
153  Regulation  (EU)  2022/2560  of  the  European  Parliament  and  of  the  Council  of  14  December  2022  on  foreign 
subsidies distorting the internal market, OJ L 330, 23.12.2022, p. 1. 
154 See: https://www.oecd.org/daf/competition/interim-measures-in-antitrust-investigations.htm 

European  Union 

28.11.2022: 

release 

the 

of 

of 

of 

37 

 
                                                 
in  the  digital  economy  and  competition  policy156  and  experiences  and  challenges  in 
disentangling  consummated  mergers157.  In  December  2022,  the  Commission  contributed  to 
the  Competition  Committee’s  deliberations  on  competition  in  the  energy  market158,  director 
disqualification  and  bidder  exclusion  in  competition  enforcement159,  competition  and 
inflation160, subsidies, competition and trade161, remedies and commitments in abuse cases162 
and interactions between competition authorities and sectoral regulators163.   

In  the  ICN,  the  Commission  continued  the  multi-annual  project  on  the  “assessment  of 
dominance and market power in digital markets” in the Unilateral Conduct Working Group. 
In addition, the Commission took up a three-year co-chair role in the Merger Working Group, 
where  the  work  started  with  a  new  project  on  digital  mergers  and  the  update  to  the  ICN 
Recommended Practices for Merger Analysis with a new chapter on non-horizontal mergers. 
In  May  2022,  the  Commission  participated  in  the  ICN  Annual  Conference164,  delivering  a 
keynote speech on competition policy, the  FSR and the DMA, and speaking in a number of 
conference sessions. 

In  July  2022,  the  Commission  participated  in  the  20th  meeting  of  the  UNCTAD 
Intergovernmental  Group  of  Experts  on  Competition  Law  and  Policy165,  where  the 
discussions  focused  on  competition  law  and  sustainable  development,  on  how  competition 
policy  can  best  address  market  difficulties  in  commodities  and  food  markets,  energy,  small 
and medium sized enterprises in developing countries, and on the impact of digitalization in 
developing economies.   

Finally, the Commission continued its endeavours to improve international rules for subsidies. 
Reforming the subsidy rules is one of the EU’s main priorities for the modernisation of WTO 
trade  rules.  To  this  effect,  in  2022  the  Commission  was  engaged  in  sectoral  initiatives 
addressing  subsidies  in  the  international  context,  such  as  the  G20  Global  Forum  on  steel 
excess capacity. 

4.3. Bilateral relations 

In October 2022, the Commission and the US competition authorities held the second meeting 
of the Joint Technology Competition Policy Dialogue, discussing the progress made on their 
cooperation efforts to ensure and promote fair competition in the digital sector166.  

Two ministerial meetings also took place in May and December 2022 in the framework of the 
EU-US Trade and Technology Council to continue fostering cooperation on global trade and 

155 See: https://www.oecd.org/daf/competition/purchasing-power-and-buyers-cartels.htm 
156 See: https://www.oecd.org/daf/competition/market-power-in-the-digital-economy-and-competition-policy.htm 
157 See: https://www.oecd.org/daf/competition/disentangling-consummated-mergers-experiences-and-challenges.htm 
158 See: https://www.oecd.org/competition/competition-in-energy-markets.htm 
159 See: https://www.oecd.org/competition/director-disqualification-and-bidder-exclusion-in-competition-
enforcement.htm 
160 See: https://www.oecd.org/competition/competition-and-inflation.htm 
161 See: https://www.oecd.org/competition/subsidies-competition-and-trade.htm 
162 See: https://www.oecd.org/competition/remedies-and-commitments-in-abuse-cases.htm 
163 See: https://www.oecd.org/competition/interactions-between-competition-authorities-and-sector-regulators.htm 
164 See: https://www.icn2022berlin.de/ 
165 See: https://unctad.org/meeting/intergovernmental-group-experts-competition-law-and-policy-twentieth-session 
166 See the press release of 13.10.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_6167 

38 

 
                                                                                                                                                         
 
technology  issues.  The  latest  meeting  led  to  the  conclusion  of  two  administrative 
arrangements on an early warning mechanism to address and mitigate semiconductor supply 
chain  disruptions  cooperatively  and,  on  a  common  mechanism  for  reciprocal  sharing  of 
information  about  public  support  provided  by  the  EU  and  the  US  to  the  semiconductor 
industry to enhance transparency of public spending in this area167. 

In 2022, the Commission continued its cooperation in competition policy and in case review 
with  China's  State  Administration  for  Market  Regulation,  the  Korean  and  the  Japanese  Fair 
Trade  Commissions.  DG  Competition's  multilateral  technical  cooperation  with  the  Chinese, 
Japanese, Korean, Indian and ASEAN competition authorities also continued168.  

The  Commission  aims  to  include  provisions  on  competition  and  subsidy  control  when 
negotiating  Free  Trade  Agreements  (‘FTAs’).  In  2022,  the  Commission  continued  FTA 
negotiations  with  Australia,  India,  Indonesia,  and  concluded  the  negotiations  with  New 
Zealand and Uzbekistan.  

As regards the draft Second Generation Cooperation Agreement between the EU and Canada, 
the  Commission  continued  negotiations  with  Canada,  with  a  view  to  ensure  that  the 
provisions  on  data  protection  line  up  with  the  standards  established  by  the  Opinion  of  the 
Court of Justice on the 2014 EU Canada Passenger Name Record Agreement. Moreover, the 
Commission continued the negotiations with Japan on a Second Generation Agreement with a 
view to updating the existing cooperation agreement from 2003.  

As regards the candidate countries169 and potential candidates170, including Ukraine, Moldova 
and  Georgia,  the  Commission's  main  policy  objective  is  to  help  these  countries  to  create 
independent  competition 
legislative 
authorities  that  build  up  a  solid  enforcement  record.  In  2022,  the  Commission  continued  to 
monitor  candidate  countries’  and  potential  candidates’  compliance  with  their  commitments 
under the Stabilisation and Association agreements.  

frameworks  with  well-functioning  operationally 

The Commission has also been actively engaging with several African national and regional 
authorities  to  further  cooperation  in  the  competition  field171.  In  2022,  the  Commission 
organised for the first time the Africa-EU Competition Week to foster dialogue with African 
competition authorities at the national and regional level. 

167 See the press release of 5.12.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7433  
168 See: https://asia.competitioncooperation.eu/ 
169  Countries  granted  candidate  country  status  by  the  European  Council  on  the  basis  of  a  recommendation  by  the 
European Commission: Albania, Bosnia and Herzegovina, Moldova, Montenegro, North Macedonia, Serbia, Türkiye 
and Ukraine. 
170 Potential candidates for EU membership: Georgia and Kosovo. 
171 See: https://africa.competitioncooperation.eu/ 

39 

 
 
 
                                                 
5. 

SUPPORTING EU COMPETITION LAW ENFORCEMENT 

5.1. Digital Transformation 

Digital transformation is a major political priority for the Commission’s current mandate (‘A 
Europe fit for the digital age’), not only for driving change in markets, but also for enabling 
public sector modernisation. The implementation of DG Competition’s IT strategy to further 
digitise business processes, modernise digital solutions and to transform DG Competition into 
a more data-driven organisation to support EU competition policy and enforcement, continued 
throughout 2022 in alignment with the Commission’s revised Digital Strategy172. In addition, 
DG  Competition  made  substantial  progress  in  implementing  its  IT  security  action  plan  to 
further  improve  cybersecurity  of  its  information  systems,  to  draft  and  update  the 
accompanying  IT security  plans173 and, in  collaboration with  DG DIGIT, to  increase staff’s 
cyber skills and awareness.  

5.1.1 Case management modernisation  

In  2022,  the  CASE@EC  programme  focused  on  supporting  DG  Competition’s  legislative 
priorities,  notably  the  Digital  Markets  Act  (‘DMA’)174,  which  entered  into  force  on  1 
November 2022 and the FSR. The first version of CASE@EC supporting DMA was released 
in October 2022. Work for the internal case management for FSR cases is ongoing with the 
first release scheduled for 2023.  

Also, the support for, and migration of, DG Competition’s horizontal projects to CASE@EC 
advanced well and is expected to be launched in February 2023. In parallel, work on replacing 
the  ageing  case  management  system  for  Antitrust  and  Cartels  with  CASE@EC  has  been 
proceeding, albeit at a slower pace due to above legislative priorities. 

5.1.2.  Improving  digital  exchanges  with  Member  States’  administrations,  companies 

and citizens  

During 2022, DG Competition continued improving its range of digital solutions to enhance 
and fully digitise communication and collaboration processes with its external stakeholders, in 
particular Member State administrations, NCAs, citizens as well as businesses and their legal 
representatives.  

This  included  the  launch  of  a  new  digital  solution,  eRFI,  to  support  DG  Competition’s 
requests for information to investigate markets. Moreover, the tool enabling collaboration and 
communication  within  the  ECN,  ECN2,  was  adapted  to  support  the  DMA.  Furthermore, 
significant  upgrades  were  made  on  the  tools  supporting  the  EC  leniency  programme 

172 Communication of the Commission, European Commission digital strategy - 
Next generation digital Commission, C(2022) 4388 final, 30.6.2022.  
173 During 2022, 11 IT security plans were approved. 
174 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable 
and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets 
Act), OJ L 265, 12.10.2022, p. 1. 

40 

 
                                                 
(eLeniency)175 and the negotiation on confidentiality claims in the context of the access to file 
procedure (eConfidentiality176). 

Finally, DG Competition progressed with a project to revamp the publication of competition 
cases’ data on the EUROPA website177 and help citizens and external stakeholders to better 
access, search and export public data on competition cases.  

5.1.3. Advanced data support and digital solutions for competition investigations  

As  DG  Competition  continues  facing  an  exponential  increase  in  the  volume  of  electronic 
communications  with  parties  as  well  as  in  electronic  evidence,  projects  are  ongoing  to 
improve the handling of large volumes of case related submissions and the on premise access 
to files by parties. Moreover, eDiscovery, the tool used by case teams to review large amounts 
of documents, was overhauled.  Additionally, investigative  case teams  received support with 
advanced data and machine learning services, to assist processing and exploiting non-standard 
submissions  of  large  volumes  of  documents.  A  content  search  tool  was  made  available  to 
State Aid case handlers. In 2022, a new data warehouse and data visualisation infrastructure 
was  put  in  place  to  integrate  with  CASE@EC  and  enable  advanced  visual  and  interactive 
dashboards based on a data analytics solution.  

Moreover, DG Competition keeps investing into state-of–the-art, non-standard hardware and 
software solutions operated by specialised staff in the context of investigative and forensic IT 
activities,  performed  to  better  detect  and  effectively  prosecute  anticompetitive  conduct.  A 
dedicated unit was renamed ‘Data Analysis and Technology’. The unit will report to the Chief 
Technology  Officer,  a  newly  created  post  attached  to  the  Director  General.  The  Chief 
Technology officer will support increasingly data-driven enforcement and market monitoring 
tasks, working in close collaboration with many other departments within DG Competition. 

5.2. Single Market Programme 

Adapting to an increasingly digital and fast-paced environment is a constant challenge for the 
enforcement  of  EU  competition  policy.  New  sophisticated  digital  tools  and  algorithms  used 
by economic operators, combined with an exponential increase in electronic communications, 
the sheer quantity of data and the number of documents on case files render many competition 
investigations 
identified  digital 
transformation as a key priority for 2022 and concentrated efforts to put in place innovative 
and optimised digital solutions to make competition enforcement more effective by working 
on the implementation of its Digital Solutions Modernisation Plan.  

increasingly  complex.  DG  Competition 

therefore 

The Multiannual  Financial Framework 2021-2027 also  responds  to these new challenges  by 
including for the first time a dedicated Competition programme as part of the Single Market 
Programme (SMP)178 to provide stable financing of measures that enhance the Commission’s 

175 See the press release of 30.9.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_5845  
176 See: https://competition-policy.ec.europa.eu/antitrust/econfidentiality_en  
177 See: https://ec.europa.eu/competition/elojade/isef/index.cfm?clear=1&policy_area_id=3    
178  Regulation  (EU)  2021/690  of  the  European  Parliament  and  of  the  Council  of  28  April  2021  establishing  a 
programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the 
area of plants, animals, food and feed, and European statistics (Single Market Programme) and repealing Regulations 

41 

 
                                                 
 
enforcement  capacity,  policy  initiatives,  international  cooperation,  as  well  as  competition 
policy advocacy. With a budget of EUR 20.4 million for 2022, the Competition programme 
channels  investment  into  areas  that  support  effective  and  up-to-date  enforcement  of  EU 
competition  policy.  Programme  implementation  accelerated  in  2022  compared  to  2021  and 
the  improvement  of  the  sanitary  situation  across  Europe  allowed  for  a  wider  range  of 
activities,  also  together  with  Member  States,  at  international  level  or  advocacy  events 
increasingly taking place in person.  

DG  Competition  actively  pursued  a  comprehensive  plan  to  implement  the  Competition 
programme. It continues investing in the development of digital business solutions dedicated 
to modernise case management and interactions with external stakeholders and to increase the 
speed  and  efficiency  of  competition  enforcement  through  data  and  artificial  intelligence 
solutions.  

5.3. External Communication and Advocacy  

DG Competition  reaches out  to  a variety of stakeholders, including businesses, lawyers and 
other advisers, policy makers, academics, students and civil society more generally. Various 
channels  are  being  used  for  this  purpose,  first  and  foremost  Executive  Vice-President 
Vestager’s  own  participation  in  events,  press  conferences  and  speeches,  complemented  by 
press  releases,  newsletters,  conferences,  specialised  publications  and  an  active  social  media 
presence. In October 2022, DG Competition organised the conference ‘Making Markets Work 
for  People'179  to  discuss  the  significance  of  maintaining,  nourishing,  and  developing  a 
European social market  economy and the role of competition policy. In her keynote speech, 
Executive  Vice-President  Vestager  highlighted  the  main  aspects  of  an  economy  that  truly 
works  for  people  and  how  competition  policy  is  playing  a  vital  role  in  this  respect180.  This 
includes a fairer distribution of new opportunities, while at the same time keeping prices low, 
maintaining choice and fostering innovative products and services. In 2022, Executive Vice-
President  Vestager  delivered  53  speeches to  a variety of audiences, both  within and outside 
Europe.  Executive  Vice-President  Vestager  also  addressed  representatives  of  the  European 
Parliament  and  of  Member  States  in  the  Council  on  several  occasions  as  part  of  a  regular 
dialogue  with  other  EU  institutions181.  The  Director-General  of  DG  Competition  also 
participated  in  more  than  24  international  events  and,  together  with  other  senior  managers, 
actively  engaged  in  outreach  efforts  towards  EU  institutions  and  Member  States  on  the 
benefits  of  a  strong  and  effective  competition  policy  and  enforcement.  DG  Competition 
posted  1.050  tweets  from  its  account,  along  with  190  posts  on  its  LinkedIn  account  and 
reached close to 10.750 subscribers with its electronic newsletter, and its publications in the 
EU Bookshop were viewed, downloaded or ordered as paper copies some 73.000 times. DG 
Competition issued more than 250 press releases during 2022. Some of the cases and policy 
initiatives generated broad media coverage, for example the prohibition under the EU Merger 

(EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014 and (EU) No 652/2014 (Text with EEA relevance), OJ L 
153, 3.5.2021, p. 1. The Regulation applies retroactively, from 1.1.2021. 
179 See: Making Markets Work for People (europa.eu) 
180 EVP Vestager Keynote at the Making Markets Work for People conference. See: Making Markets Work for People 
conference (europa.eu) 
181 Report on Competition Policy 2022, p. 26. 

42 

 
                                                                                                                                                         
Regulation  of  the  implemented  acquisition  of  GRAIL  by  Illumina  or  the  Statement  of 
Objections sent to Teva over misuse of the patent system and disparagement of rival multiple 
sclerosis  medicine,  and  the  entry  into  force  of  the  DMA  and  the  Regulation  to  address 
distortions caused by foreign subsidies in the Single Market.  

5.4. Analysis of the benefits of EU Competition Law enforcement for citizens 

The Commission’s enforcement actions in the fields of antitrust and mergers generate direct 
benefits for citizens. DG Competition estimates182 that direct customer savings generated by 
the  Commission’s  antitrust  and  merger  enforcement  over  the  period  2012-2021  amount  to 
between EUR 120 - 210 billion. On average, antitrust and merger enforcement generated thus 
around  EUR  12  to  21  billion  of  direct  customer  benefits  per  year.  In  addition  to  these 
estimates,  overall  customer  benefits  of  competition  enforcement  also  include  the  indirect  or 
deterrent  effects  of  enforcement  and  positive  effects  on  innovation  and  quality.  While  both 
effects  are more difficult to  estimate,  economists agree that  they  are likely  more significant 
than  the  direct  customer  savings.  Complementary  recent  modelling  of  the  macro-economic 
effects of competition enforcement suggests that antitrust and merger enforcement of the kind 
performed by the Commission during the last 10 years is likely to have a positive impact on 
EU GDP in the range of 0,6% - 1.1% (corresponding to EUR 90 - 160 billion per year) in the 
medium to long term183. 

Figure 6: Customer savings 2012-2021 

Customer savings (2012-2021) in bn EUR

40

35

30

25

20

15

10

5

0

Merger

Cartel

Antitrust

182  See  Competition  Policy  Brief  2022/1:  Customer  savings  generated  by  the  Commisssion’s  antitrust  and  merger 
enforcement:  A  ten  years  perspective,  T.  Deisenhofer,  A.  Dierx,  F.  Ilzkovitz,  A.  Stevenson,  V.  Verouden  at 
https://competition-policy.ec.europa.eu/publications/competition-policy-briefs_en   
183  European  Commission,  Directorate-General  for  Competition,  Directorate-General  for  Economic  and  Financial 
Affairs, Joint Research Centre, Archanskaia, E., Cai, M., Cardani, R., et al.,  Modelling the macroeconomic impact of 
competition  policy:  2021  update  and  further  development,  Publications  Office  of  the  European  Union,  2022, 
https://data.europa.eu/doi/10.2763/729367  

43 

 
 
                                                 
In October 2022, the Commission published the 2022 Eurobarometer surveys dedicated to EU 
competition  policy184. The  results  clearly indicate  that  well-functioning  competitive markets 
improve the citizens’ daily life and have a positive impact on SMEs. They bring lower prices, 
more choice and more innovative products and services. 

Figure 7: Citizens’ perceptions about competition policy 

184 See the press release of 25.10.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_6374  

44 

 
 
 
 
                                                 
II. SECTORAL OVERVIEW 

1. 

ENERGY & ENVIRONMENT 

1.1 Overview of key challenges in the sector 

On 27 January  2022, the Commission  adopted the new Guidelines on State aid  for  climate, 
environmental  protection  and  energy  (‘CEAAG’)185,  which  create  a  flexible,  fit-for-purpose 
enabling framework for the Member States to reach the ambitious objectives of the European 
Green Deal and reduce the EU’s dependence on fossil fuel imports. 

In  response  to  the  hardship  and  global  energy  market  disruption  caused  by  Russia's 
unprovoked  war  of  aggression  against  Ukraine,  on  8  March  2022,  the  Commission  adopted 
the REPowerEU Communication186, setting out ways forward for adjusting the EU’s energy 
sector  to  the  Russian  invasion  of  Ukraine,  tackling  the  high  energy  prices  and  reducing 
dependence  on  imported  fossil  fuels.  This  was  followed  up  on  18  May  2022,  when  the 
Commission presented the REPowerEU Plan187.  

to  support  companies  and  sectors  severely 

In addition, on 23 March 2022, the Commission adopted a Temporary Crisis Framework (see 
section  I.3.1),  to  allow  Member  States  to  make  full  use  of  the  flexibility  of  the  State  aid 
toolbox 
the  geopolitical 
developments. In 2022, the Commission adopted 25 decisions in the energy sector under the 
TCF. Based on the new and updated TCF of 28 October 2022, the application was extended 
until 31 December 2023.  

impacted  by 

In  addition,  the  Commission  has  approved  other  crisis  measures  to  support  the  solvency  of 
certain  undertakings  in  the  energy  sector,  in  line  with  the  principles  laid  down  in  the  TCF, 
aiming to remedy a serious disturbance in the economy of the Member States. Among others, 
the  Commission  approved,  on  11  November  2022,  a  German  aid  measure  to  provide  fresh 
capital  to  SEFE  Securing  Energy  for  Europe  GmbH  (former  Gazprom  Germania  GmbH) 
(‘SEFE  GmbH’)188  replacing  the  former  shareholder  Gazprom  by  public  ownership  of 
Germany  in  order  to  safeguard  the  security  of  gas  supply  to  the  German  economy.  On  20 
December 2022, the Commission approved, taking account of the commitments provided by 
Germany, aid measures to Uniper189 and SEFE GmbH190 providing capital injections, notably 
to  cover  losses  occurred  by  purchasing  gas  at  higher  market  prices  replacing  gas  which 
Russian suppliers did not supply under existing long-term contracts.  

185 Communication from the Commission – Guidelines on State aid for climate, environmental protection and energy 
2022, OJ C 80, 18.2.2022, p. 1. 
186  Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council,  the  Council,  the 
European Economic and Social Committee and the Committee of the Regions:  REPowerEU: Joint European Action 
for more affordable, secure and sustainable energy, COM(2022) 108 final, 8.3.2022. 
187  Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council,  the  Council,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions:  REPowerEU  Plan,  COM(2022)  230, 
18.5.2022. 
188 Case SA.104353, Germany - Replacement of registered capital in SEFE GmbH. 
189  Case  SA.103791,  Germany  -  Recapitalisation  of  Uniper  SE;  see  also  the  press  release  of  20.12.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/IP_22_7830  
190  Case  SA.105001,  Germany  -  Recapitalisation  of  SEFE  GmbH;  see  also  the  press  release  of  20.12.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/IP_22_7828  

45 

 
                                                 
On 18 October 2022, the Commission proposed a new emergency regulation191 to mitigate the 
impact  of  high  gas  prices  in  the  EU.  The  regulation  foresees,  among  other  things,  a  joint 
purchasing  mechanism  for  gas  to  help  gas  companies  and  gas  consumers  negotiate  better 
prices, reduce the risk of Member States outbidding each other, and ensure security of supply 
across the entire European Union during a possible supply shortage.  

Joint gas purchasing under the regulation shall be compliant with the EU competition rules. 
The Commission announced that it stands ready to accompany companies in the design of  a 
possible  joint  gas  purchasing  consortium  participating  in  the  planned  demand  aggregation 
mechanism  and  to  issue  a  decision,  pursuant  to  Article  10  of  Regulation  1/2003  on  the 
inapplicability of Articles 101 and/or 102 TFEU, if relevant safeguards are incorporated and 
respected192.  The  Commission  also  announced  that  it  stands  ready  to  provide  informal 
guidance to the extent that undertakings participating in any other joint purchasing consortia 
face  uncertainty  with  regard  to  the  assessment  of  one  or  more  elements  of  their  joint 
purchasing arrangement under the EU competition rules193.  

The  energy  sector  also  saw  intense  merger  and  acquisition  activity  in  2022,  with  several 
simplified  cases,  notably  in  the  renewable  energy  sector  and  some  ongoing  cases  related  to 
the  current  energy  crisis  resulting  from  Russia’s  invasion  of  Ukraine.  The  European 
Commission also opened a Phase II investigation regarding the acquisition of OMV Slovenia 
by  MOL  in  order  to  determine  whether  the  transaction  is  likely  to  reduce  significantly 
effective competition on the retail fuel market in Slovenia194. The investigation is ongoing.  

The European Commission also cleared in phase I the creation of a joint venture, by  SNAM 
and ENI, to operate the Trans-Mediterranean Pipeline, used to import gas from Algeria into 
Italy195. The European Commission further cleared in phase I the acquisition of joint control 
by ENI, together with Sonatrach and Equinor, in In Salah JV, an Algerian company active in 
the production of natural gas196.   

1.2 Effective competition in the green economy 

In 2022, competition enforcement continued to contribute to the EU environmental objectives 
through the application of the State aid, antitrust and merger rules.  

1.2.1. E-mobility  

The  shift  to  zero-emission  mobility  remains  one  of  the  key  objectives  of  the  European 
sustainable and smart mobility strategy and makes an important contribution to the European 
Green  Deal.  It  can  also  help  reducing  dependency  on  imported  fossil  fuels.  The  large-scale 

191 Proposal for a Council Regulation Enhancing solidarity through better coordination of gas purchases, exchanges of 
gas across borders and reliable price benchmarks, COM(2022) 549 final, 18.10.2022. 
192  Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council,  the  Council,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions,  Energy  Emergency  –  preparing, 
purchasing and protecting the EU together, COM(2022) 533 final, 18.10.2022. 
193  See  Recital  34  of  Council Regulation  (EU)  2022/2576  of 19  December  2022  enhancing  solidarity  through  better 
coordination of gas purchases, reliable price benchmarks and exchanges of gas across borders, OJ L 335, 29.12.2022, 
p. 1. 
194 Case M.10438, MOL / OMV Slovenija, OJ C 245, 28.6.2022, p. 2. 
195 Case M.10619, SNAM / ENI / JV. 
196 Case M.10941, ENI / Sonatrach / Equinor / In Salah JV. 

46 

 
 
                                                 
deployment of electric charging and hydrogen-refuelling stations under a competitive market 
is important to ensure the take-up of electric and hydrogen powered vehicles and encourage 
the shift away from fossil fuels.  

In 2022, the Commission approved several  State aid schemes for the deployment of electric 
charging stations and other alternative refuelling infrastructure, for the acquisition of zero- or 
low-emission vehicles (in particular electric or hydrogen buses for public transport) as well as 
for  the  retrofitting  of  vessels197.  It  also  advised  Member  States  on  several  other  schemes  to 
either bring them under the GBER or to ensure that they did not entail State aid in line with 
published relevant guidance198. To ensure that competition policy and enforcement contribute 
to the green transition, including green mobility, the Commission published an open call for 
tender for a study on competition in the emerging market for publicly accessible recharging 
infrastructure for electric vehicles. The study will be completed in Q1 2023. The goal of this 
study  is  to  gain  a  better  understanding  of  the  competitive  conditions  on  that  market  and  to 
identify potential competition concerns as early as possible to allow competition to develop in 
a free and undistorted way199.  

1.2.2. Reduction of industrial emissions  

Reduction and avoidance of industrial  greenhouse gas emissions is another important leg of 
the  European  Green  Deal  and  is  equally  important  to  reduce  dependency  on  fossil  fuels.  In 
addition to the significant contribution to the achievement of the  objectives of the European 
Green Deal provided by the two IPCEIs for the hydrogen value chain approved in 2022 (see 
section  I.3.4.3.),  the  Commission  also  approved  several  State  aid  measures  aiming  at  the 
decarbonisation of industrial sectors such as steel and the chemical sector through the uptake 
of hydrogen-based technologies or through electrification of hydrogen production200.  

The  Commission  also  approved  on  10  October  2022  two  Slovak  State  aid  schemes  for  the 
decarbonisation of the industry201. These were the first decisions adopted by the Commission 
under the new CEEAG on broad industrial decarbonisation schemes. The schemes are open to 
all  industrial  sectors  subject  to  the  European  Emission  Trading  System;  supported  projects 
will be selected in a competitive bidding processes based on CO2 abatement costs. 

197 See for instance Case SA.62131,  Luxembourg - Aid scheme for the deployment of charging infrastructures; Case 
SA.64763,  Italy  -  State  aid  scheme  for  the  modernisation  of  inland  waterway  freight  transport  vessels;  Case 
SA.101781, Italy - Aid to Poste Italiane for the deployment of recharging stations in Italian small municipalities; Case 
SA.10479, Germany – Aid scheme for the roll out of high power charging (‘HPC') infrastructure for electric vehicles. 
198 See: https://ec.europa.eu/competition-policy/system/files/2021- 
12/template_RRF_electric_and_hydrogen_charging_stations.pdf ; 
https://ec.europa.eu/competitionpolicy/system/files/2021-
12/template_RRF_premiums_acquisition_low_emission_vehicles.pdf  
199 https://competition-policy.ec.europa.eu/single-market-programme-smp/calls-tenders-contracts/ex-ante-publicity-
low-and-middle-value-contracts_en  
200 Case SA.103774, Germany - BASF - Project Hy4Chem-El; Case SA.104361, Spain - RRF - Project Green Cobra; 
Case SA.104276, Germany – Aid to Salzgitter for project SALCOS stage I. 
201 Case SA.102385, Slovakia - State aid scheme for the decarbonisation of industry from the RRP; Case SA.102388, 
Slovakia - State aid scheme for the decarbonisation of industry financed from the Modernisation Fund. 

47 

 
                                                 
1.2.3.  Renewable  energy  and  other  technologies  for  the  reduction  and  removal  of 

emissions 

Reduction and avoidance of greenhouse gas emissions in sectors other than in the industry, for 
example through the installation of new renewable energy production capacity or through the 
increase in energy efficiency, is fundamental to achieve the 2050 climate neutrality objective. 
In  2022,  the  Commission  approved  seven202  State  aid  measures  under  the  new  CEEAG  to 
support  the  development  of  renewable  energy,  covering  a  number  of  different  technologies 
(e.g. solar photovoltaics, offshore wind, renewable hydrogen, biomethane).  

On 8 August 2022, the Commission approved a first support measure under the new CEEAG 
for renewable hydrogen  production203. On the same day, the Commission  also  approved  an 
Italian  scheme  supported  by  the  RRF  to  support  the  development  of  new  or  converted 
biomethane  production  plants,  which  will  contribute  to  the  reduction  of  greenhouse  gas 
emissions and to the increase of the share of renewable energy. These two schemes will also 
contribute to the objectives of the REPowerEU Plan to reduce dependence on Russian fossil 
fuels and fast forward the green transition. 

In  addition,  on  27  September  2022,  the  Commission  approved  an  additional  measure 
supplementing  the  German  Renewable  Energy  Act  (‘EEG  2021’)  to  support  electricity 
production  from  renewable  energy  sources  in  Germany  through  small  rooftop  solar 
photovoltaics installations (up to 300 kW), which fully feed the electricity produced into the 
grid. Moreover, further fine-tuning of the EEG 2021 took place through small amendments to 
the  innovation  and  solar  photovoltaics  tenders,  increasing  competitiveness  in  the  aid 
procedures204.  This  set  of  amendments  was  followed  in  December  2022  by  a  full  re-
assessment of the EEG 2021, which will become the ‘EEG 2023’ as of 1 January 2023205. In 
contrast to the EEG 2021, the EEG 2023 support scheme, with a EUR 28 billion budget, will 
be  funded  by  Germany’s  federal  budget.  The  scheme  aims  at  achieving  a  share  of  80%  of 
electricity produced from renewable energy sources by 2030, with a view to become climate 
neutral by 2045. To achieve its objective, Germany plans to increase the number and volume 
of tenders for rooftop and ground-based solar photovoltaic, onshore wind, biomethane and for 
innovation tenders. The most important improvements in the EEG 2023 are the introduction 
of  safeguards  in  all  tender  procedures,  which  ensure  the  competitiveness  of  the  tenders,  the 
agreement to gradually phase out support at times of negative prices by 1 January 2027 and 
the introduction of regional measures for onshore wind, biomass and biomethane in the South, 
in order to help dealing with Germany’s continued grid congestion issues. On 21 December 
2022,  the  Commission  further  approved  amendments  to  Germany’s  support  scheme  for 

202  Case  SA.100704,  Italy  -  RRF  -  Support  scheme  for  the  promotion  of  biomethane;  Case  SA.101842,  Poland  – 
Individual  Aid  for  Baltica  2  and  Baltica  3  Offshore  Wind  Farms;  Case  SA.102003,  Romania  –  RRF  -  Scheme  to 
support  capacity  for  renewable  hydrogen  production;  Case  SA.102303,  Germany  –  EEG  2021  amendments:  Easter 
Package  2022  –  Early  Bird  Measures;  Case  SA.103086,  Germany  –  EEG  2021  amendments:  Additional  round  of 
solar  PV  tenders  in  2022;  Case  SA.102084,  Germany  –  EEG  2023;  Case  SA.103069,  Germany  –  Offshore  Wind 
Energy Act – amendments 2023. 
203 Case SA.102003, Romania- RRF -  Scheme to support capacity for renewable hydrogen production. 
204  Case  SA.102303,  Germany  –  EEG  2021  amendments:  Easter  Package  2022  –  Early  Bird  Measures;  Case 
SA.103086, Germany – EEG 2021 amendments: Additional round of solar PV tenders in 2022. 
205 Case SA.102084, Germany – EEG 2023.  

48 

 
                                                 
offshore wind electricity production206. The amended scheme increases expansion targets for 
installed  capacity  for  offshore  wind  energy  installations  and  introduces  a  new  tender 
procedure for a different type of sites in the German Exclusive Economic Zone, that is sites 
which  have  not  been  centrally  pre-investigated  by  the  State.  With  this  new  procedure, 
Germany  expects  to  increase  and  speed  up  offshore  wind  development.  In  the  event  where 
several bids with a value of zero are received, the amendments introduce a dynamic bidding 
procedure, which will allow Germany to differentiate and select between these zero-cent bids. 
The  amended  scheme  will  continue  to  be  applicable  until  the  end  of  2026  and  has  a  total 
budget of EUR 1.5 billion. 

Antitrust  enforcement  also  contributes  to  the  objective  of  a  low-carbon  economy  and  the 
European  Green  Deal.  In  2022,  the  Commission  continued  its  investigation  of  ethanol 
producers suspected of having colluded with the aim of influencing the ethanol benchmarks 
published  by  the  price-reporting  agency  S&P  Global  Platts.  In  July  2022,  the  Commission 
informed Alcogroup S.A. and its subsidiary Alcodis S.A. as well as Lantmännen ek för and its 
subsidiary  Lantmännen  Agroetanol  AB  of  its  preliminary  view  that,  together  with  Abengoa 
S.A.,  which  settled  the  case  in  December  2021207,  they  have  breached  EU  antitrust  rules208. 
Biofuels like ethanol can contribute to promoting cleaner transport and reduce greenhouse gas 
emissions, supporting EU energy objectives and the European Green Deal. 

1.2.4. Energy infrastructure  

In December 2022, the Commission opened an in-depth investigation209 to determine whether 
the amendment to the aid measure to support the operation of the LNG Terminal in Klaipėda 
by the designated supplier Litgas for the period 2016-2018 is in line with EU State aid rules in 
relation  to  the  compensation  of  boil-off  and  balancing  costs  under  the  SGEI  Framework210. 
This  follows  the  EU  General  Court's  partial  annulment  of  a  previous  Commission  decision 
approving amendments to the measure211. 

As regards other energy infrastructure projects, the Commission adopted in September 2022 
two decisions on measures to support the development of electricity storage facilities: a Greek 
State  aid  scheme  under  the  Recovery  and  Resilience  Facility212  and  a  Croatian  individual 
State  aid  measure213.  Both  measures  were  assessed  and  approved  under  Section  4.9  of  the 
CEEAG  for  aid  for  energy  infrastructure.  Electricity  storage  facilities  can  contribute  to  a 
smooth integration in the electricity system of an increasing share of renewable energy, in line 
with the EU's strategic objectives relating to the European Green Deal.  

206 Case SA.103069, Germany – Offshore Wind Energy Act – amendments 2023. 
207 See the press release of 10.12.2021: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6769  
208 See the press release of 7.7.2022: https://ec.europa.eu/commission/presscorner/detail/e%20n/ip_22_4362  
209  Case  SA.44678,  Lithuania  -  Modification  of  aid  for  LNG  Terminal  in  Lithuania;  see  also  the  press  release  of 
1.12.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7231  
210 Commission Decision of 20.12.2011 on the application of Article 106(2) of the Treaty on the  Functioning of the 
European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with 
the operation of services of general economic interest, OJ L 7, 11.1.2012, p. 3.  
211  Judgment  of  the  General  Court  of  8.9.2021  in  Case  T-193/19,  Achema  and  Achema  Gas  Trade  v  Commission, 
EU:T:2021:558.  
212 Case SA.64736, Greece - RRF - Financial support in favour of electricity storage facilities.  
213 Case SA.64374, Croatia - Individual aid to IE-Energy for grid-scale energy storage.  

49 

 
                                                 
1.2.5 District heating and cooling 

The heating and cooling sector plays a crucial role in the EU’s ambition to transition into a 
clean and carbon-neutral economy by 2050. On 2 August 2022, the Commission approved a 
EUR  2.98  billion  German  scheme  to  promote  green  district  heating  based  on  renewable 
energy  and  waste  heat.  The  measure  supports  the  construction  of  new  district  heating 
networks  and  the  decarbonisation  of  existing  ones  as  well  as  the  installation  of  new  heat 
generation facilities214. In addition, on 30 September 2022, the Commission approved a EUR 
390 million scheme, partly financed by the RRF, to support the production of electricity and 
heat  from  high-efficient  cogeneration  installations  connected  to  district  heating  networks  in 
Romania215.  

1.2.6. Coal phase-out  

In 2022, the Commission continued examining measures taken by Member States to support 
the  phase-out  from  coal-fired  power  generation.  Among  other  measures,  the  Commission 
continued its in-depth investigation into the German plans to compensate lignite-fired power 
plants for phasing out earlier than foreseen216.  

Following  a  temporary  rescue  aid  granted  by  Romania  to  Romanian  power  company 
Complexul  Energetic  Oltenia  SA  (‘CE  Oltenia’)  after  being  approved  by  the  Commission 
under EU State aid rules, Romania notified to the Commission a plan for the restructuring of 
CE  Oltenia.  On  26  January  2022,  following  a  formal  investigation  procedure,  the 
Commission  adopted  a  conditional  decision  under  the  2014  Rescue  and  Restructuring  aid 
Guidelines  approving  aid  of  EUR  2.65  billion.  The  approved  restructuring  plan  entails 
phasing-out lignite through the closure of the lignite power units and of lignite mines based 
on  the  decarbonisation  plan  of  Romania  that  aims  to  replace  lignite-based  electricity 
production  with  electricity  produced  from  natural  gas  and  renewables  (solar  and 
hydropower)217. 

1.2.7. ETS Guidelines revision  

On  21  September  2020,  the  Commission  adopted  the  revised  EU  Emission  Trading  System 
State  aid  Guidelines  in  the  context  of  the  system  for  greenhouse  gas  emission  allowance 
trading post-2021 (’ETS Guidelines’)218, which entered into force on 1 January 2021 and were 
supplemented  with  Commission’s  Communication  of  30  December  2021219.  In  2022,  the 
Commission  adopted  13  decisions  under  the  ETS  Guidelines  in  different  Member  States 
approving  schemes  for  indirect  cost  compensation  of  electro-intensive  users  that  also  cover 
the compensation for costs incurred in 2021. 

214 Case SA.63177, Germany – Federal support for efficient heat networks. 
215  Case  SA.101723,  Romania  –  Investment  aid  on  High-efficient  Cogeneration  plant  using  natural  gas  in  district 
heating network. 
216 Case SA.53625, Germany – Lignite phase-out. 
217 Case SA. 59974, Romania - Restructuring aid to Complexul Energetic Oltenia SA. 
218  Communication  from  the  Commission,  Guidelines  on  certain  State  aid  measures  in  the  context  of  the  system  for 
greenhouse gas emission allowance trading post-2021, OJ C 317, 25.9.2020, p. 5.  
219 Communication from the Commission supplementing the Guidelines on certain State aid measures in the context of 
the system for greenhouse gas emission allowance trading post-2021, OJ C 528, 30.12.2021, p. 1. 

50 

 
 
                                                 
1.3 Secure Energy Supply 

In 2022, the Commission  continued examining  measures taken by Member States to  ensure 
security  of  electricity  supply.  The  Commission  approved  on  11  October  2022  a  capacity 
mechanism  to  safeguard  security  of  electricity  supply  in  Finland,  while  contributing  to  the 
reduction  of  emissions  in  the  electricity  sector.  This  was  the  first  decision  adopted  by  the 
Commission under the new CEEAG on security of supply. The measure supports electricity 
generation, demand-response and storage units  to  ensure their  availability  when the balance 
between supply and demand may be at risk of shortages. Supported projects will be selected 
in a competitive bidding processes based on the level of aid per unit of capacity requested220. 

1.4 Effective competition in energy markets  

In 2022, the Commission continued its antitrust investigations in the energy sector. 

The  Commission  continued  its  investigation  against  the  Greek  electricity  incumbent  Public 
Power  Corporation  (‘PPC’)  for  potential  predatory  behaviour  in  the  wholesale  electricity 
market  in  the  Greek  interconnected  system  (mostly  mainland  Greece).  The  investigation 
focuses  on  PPC’s  alleged  strategic  bidding  behaviour  that  may  have  resulted  in  its  thermal 
units  being  selected  for  electricity  generation  even  when  they  did  not  cover  their  average 
variable costs221.  

Electricity trading plays an important and growing role in the effective and safe management 
of  electricity  grids  and  helps  to  ensure  that  electricity  flows  from  where  it  is  produced  to 
where  it  is  needed.  In  this  context,  the  Commission  continued  its  investigation  whether  the 
power exchange EPEX Spot SE has been hindering the activities of competitors on the market 
for electricity intraday trading facilitation services in at least six Member States in Central and 
Western Europe222.  

The Commission is also looking into whether Europe’s main gas suppliers may have engaged 
in anti-competitive conduct contributing to the disruptions of the energy markets and prices in 
the EEA observed since the second half of 2021. In this context, the Commission carried out 
unannounced  inspections  at  the  premises  of  several  companies  in  Germany  active  in  the 
supply, transmission and storage of natural gas223. 

On 31 March 2022, the Commission closed its antitrust investigation into agreements for the 
supply  of  liquefied  natural  gas  (‘LNG’)  between  Qatar  Energy  and  several  European  gas 
importers224.  The  Commission  investigated  whether  these  agreements  could  constitute 
territorial  restrictions  for  the  trade  of  LNG  within  the  EEA,  notably  through  destination 
clauses.  The  decision  to  close  the  case  was  based  on  a  thorough  analysis  of  all  relevant 
evidence, including information received from Qatar Energy and the European gas importers 
as the Commission concluded that the evidence collected did not confirm its initial concerns.  

220 SA.55604, Finland – Finnish strategic reserve. 
221 Case AT.40278, Greek wholesale electricity market. 
222 Case AT.40700, Intraday trading of wholesale electricity. 
223 See the press release of 31.3.2022: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_2202  
224 Case AT.40416, LNG supply to Europe. 

51 

 
 
                                                 
2. 

INFORMATION AND COMMUNICATION TECHNOLOGIES AND MEDIA  

2.1 Overview of key challenges in the sector 

Markets in the information, communication, technologies and media sectors (‘ICT’) are key 
drivers  for  smart,  sustainable  and  inclusive  growth.  They  continue  to  evolve  at  rapid  pace 
with new devices and new intangible advances appearing, such as services, applications, and 
digital  ecosystems.  Business  models  and  sources  of  revenue  tend  to  change  faster  in  digital 
markets than elsewhere. Digital services have brought important benefits to users and opened 
new business opportunities. They can increase consumer choice, and improve efficiency and 
competitiveness. Large platforms in the provision of digital services represent key structural 
elements of today’s economy.  

The Commission is committed to protecting innovation and consumers’ choice as well as to 
ensuring  equal  opportunities  for  market  players.  Given  the  dynamic  nature  of  the  ICT 
markets,  the  Commission  focuses  on  keeping  the  markets  open  for  new  entrants  and  on 
encouraging technological innovation.  

The often observed network effects in ICT markets render them particularly apt to consumer 
lock-in and entrenched positions of dominant suppliers. Market players frequently hold a dual 
role,  by  operating  a  platform  or  marketplace  for  third  parties  and  at  the  same  time  offering 
their own products or services on that platform or marketplace in competition with those third 
parties.  This  can  give  raise  to  “self-preferencing”  and  discriminatory  practices  including 
vertical  foreclosure  of  digital  “dual  role”  platforms.  In  ICT  markets,  access  to,  and  control 
over, various types of data will often be decisive for commercial success. At the same time, 
anti-competitive practices leveraging on data may raise barriers to entry and cause small and 
innovative competitors to  exit early from  the market, as well as an unjustified restriction  of 
consumers’ choice. 

Also the media sector has significantly evolved due to technological convergence as content 
is  delivered  to  users  via  an  increasing  array  of  devices  and  networks  (for  example  films, 
music  and  editorial  content  offered  by  different  platforms  are  available  on  TV  screens, 
phones, tablets and laptops running through different telecommunications networks, including 
fixed or mobile).  In media markets,  anti-competitive practices  may jeopardise  technological 
innovation and prevent consumers from benefiting from wide access to high quality content at 
competitive prices. 

To contribute to the digital transition, effective antitrust scrutiny of the  behaviour of market 
players,  including  platforms,  as  well  as  timely  intervention  need  to  be  ensured  in  ICT 
markets. To make and keep markets open and competitive in line with the goals of the EU’s 
digital  agenda,  enforcement  must  focus  on  safeguarding  interoperability  and  competition 
between technological platforms. 

2.2 Contribution of EU competition policy to tackling the challenges  

2.2.1. Data and platforms 

Data  has  become  a  crucial  input  for  digital  services.  The  competitiveness  of  undertakings 
increasingly  depends  on  timely  access  to  relevant  data.  Data  is  also  a  key  input  in  the 

52 

 
 
development  of  artificial  intelligence.  Against  this  background,  the  Commission’s  antitrust 
enforcement  aims  to  ensure  that  digital  platforms  do  not  access  or  use  data  in  an 
anticompetitive manner.  

In 2022, the Commission continued its investigation, opened on 4 June 2021, regarding Meta. 
In  this  investigation,  the  Commission  assesses  whether  Meta  violated  Article  102  TFEU  by 
using advertising data gathered in particular from advertisers in order to compete with them in 
markets where Meta is active such as classified advertising225. The investigation also assesses 
whether  Meta  ties  its  online  classified  advertising  service  “Facebook  Marketplace”  to  its 
social  network.  On  19  December  2022,  the  Commission  informed  Meta  of  its  preliminary 
view that the company breached EU antitrust  rules by distorting competition in  the markets 
for  online  classified  ads.  The  Commission  is  concerned  that  Meta  may  be  tying  its  online 
classified ads  service,  Facebook Marketplace, to  its  personal  social network, Facebook. The 
Commission  is  also  concerned  that  Meta  may  be  imposing  unfair  trading  conditions  on 
Facebook Marketplace's competitors.226 

The Commission also continued its investigation, opened on 22 June 2021, into a broad range 
of Google’s advertising technology (ad tech) and data-related practices227. The Commission is 
investigating  whether  Google’s  conduct  and  use  of  data  in  online  advertising  and  the 
provision of ad tech services, that is to say online intermediation services between advertisers 
and  publishers  for  serving  ads,  infringe  Articles  101  and/or  102  TFEU.  The  investigation 
covers notably: (1) potential restrictions on competing ad tech services’ ability to serve online 
display  advertisements  on  YouTube  and  a  potential  obligation  to  use  Google’s  services  to 
programmatically purchase online display advertisements on YouTube, since at least 2015; (2) 
potential favouring between distinct  Google ad tech services along the value chain,  since at 
least  2010;  (3)  potential  restrictions  by  Google  on  the  ability  of  advertisers,  publishers  and 
competing online display advertising intermediaries to access data about user identity or user 
behaviour  available  to  Google’s  own  ad  tech  services,  since  at  least  2012;  (4)  Google’s 
announced plans to prohibit the placement of third party cookies on its Chrome browser and 
to introduce as a replacement the “Privacy Sandbox” set of tools, at least since the plans were 
announced in January 2020; and (5) Google’s announced plans to stop making the advertising 
identifier available to third parties on Android devices when a user opts out of interest-based 
advertising  or  advertisement  personalisation,  at  least  since  the  announcement  was  made  in 
June 2021. 

225 Case AT.40684, Facebook leveraging; see also the press release of 4.6.2021: 
https://ec.europa.eu/commission/presscorner/detail/en/IP_21_2848 
226 Case AT.40684, Facebook leveraging; see also the press release of 19.12.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7728. 
227 Case AT.40670, Google-Adtech and Data-related practices; see also the press release of 22.6.2021: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_21_3143 

53 

 
                                                 
In December 2022, the Commission also closed an investigation228 opened under Articles 101 
and/or  102  TFEU  in  March  2022  concerning  an  agreement  known  as  the  ‘Jedi  Blue’ 
agreement between Google and Meta for online display advertising services.  

On  14  July  2022,  the  Commission  sought  feedback  on  commitments  offered  by  Amazon 
concerning  two  investigations229.  The  first  investigation  related  to  Amazon’s  systematic 
reliance on non-public business data of independent sellers who offer their goods and services 
on  its  marketplace,  to  the  benefit  of  Amazon’s  own  retail  business,  which  is  in  direct 
competition  with  those  third  party  sellers230.  In  the  second  investigation,  the  Commission 
expressed preliminary concerns that  the criteria that Amazon sets to select the winner of the 
“Buy  Box”  and  to  enable  sellers  to  offer  products  to  Prime  users,  under  Amazon’s  Prime 
loyalty programme, lead to preferential treatment of Amazon’s retail business or of third-party 
sellers  that  use  Amazon’s  logistics  and  delivery  services231.  In  July  2022,  the  Commission 
invited  comments232  on  commitments  offered  by  Amazon  to  address  competition  concerns 
over its use of non-public marketplace seller data and over a possible bias in granting sellers’ 
access  to  its  Buy  Box  and  its  Prime  programme.  On  20  December  2022,  following  the 
outcome of the market test and amended commitments offered by  Amazon, the Commission 
found  that  the  final  commitments  addressed  the  Commission's  competition  concerns  and 
made them legally binding under EU antitrust rules233. The Commission found that Amazon's 
final commitments will ensure that Amazon does not use marketplace seller data for its own 
retail operations and that it grants non-discriminatory access to Buy Box and Prime. 

Commission accepted amended commitments by Amazon barring it from using marketplace seller data, 
and ensuring equal access to Buy Box and Prime  

To address the Commission's competition concerns in relation to both investigations, Amazon initially offered 
the following commitments: 

not to use such data for the purposes of selling branded goods as well as its private label products. 

not to use non-public data relating to, or derived from, the independent sellers' activities on its marketplace, 

- To address the data use concern, Amazon proposed to commit: 
• 
for its retail business. 
• 
- To address the Buy Box concern, Amazon proposed to commit to: 
treat all sellers equally when ranking the offers for the purposes of the selection of the Buy Box winner; 
• 
• 
display a second competing offer to the Buy Box winner if there is a second offer from a different seller that 
is  sufficiently  differentiated  from  the  first  one  on  price  and/or  delivery.  Both  offers  will  display  the  same 
descriptive information and provide the same purchasing experience. 
- To address the Prime concerns Amazon proposed to commit to: 

228 Case AT.40774, Google-Facebook (Open Bidding) agreement; see also the press release of 19.12.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/mex_22_7832   
229 Cases AT.40462, Amazon Marketplace and AT.40703, Amazon - Buy Box; see also the press release of 14.07.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_4522  
230 Case AT.40462, Amazon Marketplace; see also the press release of 10.11.2020: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_20_2077 
231 Case AT.40703, Amazon - Buy Box; see also the press release of 10.11.2020: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_20_2077 
232  Case  AT.40462,  Amazon  Marketplace  and  Case  AT.40703,  Amazon  Buy  Box,  Commitment  proposal,  see: 
https://ec.europa.eu/competition/antitrust/cases1/202229/AT_40462_8414012_7971_3.pdf  
233 Case AT.40462, Amazon Marketplace and Case AT.40703, Amazon Buy Box, Commission Decision of 20.12.2022; 
see also the press release of 20.12.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7777  

54 

 
                                                 
set  non-discriminatory  conditions  and  criteria  for  the  qualification  of  marketplace  sellers  and  offers  to 

• 
Prime; 
• 
directly with the carrier of their choice; 
• 
its own logistics services. 

allow Prime sellers to freely choose any carrier for their logistics and delivery services and negotiate terms 

not use any information obtained through Prime about the terms and performance of third-party carriers, for 

Between  July  and  September  2022,  the  Commission  market  tested  Amazon's  commitments  and  consulted  all 
interested third parties to verify whether they would remove its competition concerns. In light of the outcome of 
this market test, Amazon amended the initial proposal and further committed to: 

lay  out  the  means  for  independent  carriers  to  directly  contact  their  Amazon  customers,  in  line  with  data-

ensure the transparency and early information flows to sellers and carriers about the commitments and their 

• 
display a second competing offer to the Buy Box winner and to improve the presentation by making it more 
prominent  and  to  include  a  review  mechanism  in  case  the  presentation  is  not  attracting  adequate  consumer 
attention; 
• 
newly acquired rights, enabling, amongst others, early switching of sellers to independent carriers; 
• 
protection rules, enabling them to provide equivalent delivery services to those offered by Amazon; 
• 
concerning cargo profile information; 
• 
compliance with the commitments. 
• 

ensure  the  protection  of  carrier  data  from  use  by  Amazon's  competing  logistics  services,  in  particular 

introduce  a  centralised  complaint  mechanism,  open  to  all  sellers  and  carriers  in  case  of  suspected  non-

grant significant powers to the monitoring trustee by introducing further notification obligations; 

The  accepted  commitments  cover  all  of  Amazon's  current  and  future  marketplaces  in  the  European  Economic 
Area. They exclude Italy for the commitments relating to the Buy Box and Prime in view of the decision of 30 
November  2021  of  the  Italian  competition  authority  imposing  remedies  on  Amazon  with  regard  to  the  Italian 
market. The final commitments will remain in force for seven years in relation to Prime and the display of the 
second  competing  Buy  Box  offer,  and  for  five  years  for  the  remaining  parts  of  the  commitments.  Under  the 
supervision of the Commission, an independent trustee will be in charge of monitoring the implementation and 
compliance with the commitments. If Amazon were to breach the commitments, the Commission could impose a 
fine of up to 10% of Amazon's total annual turnover, without having to find an infringement of EU antitrust rules 
or a periodic penalty payment of 5% of Amazon's daily turnover for every day of non-compliance. 

The Commission is also investigating Apple’s rules on the distribution of apps that compete 
with Apple’s own apps and services on Apple’s App Store in the European Economic Area234. 
In the App Store Practices (music streaming) case in particular, the Commission preliminarily 
found  that  the  requirements  imposed  by  Apple  distort  competition  on  the  music  streaming 
market and constitute an abuse of Apple’s dominant position in the market for distribution of 
music streaming apps to iPhone and iPad users235. 

On  27  January  2022,  the  Commission  cleared  the  acquisition  of  Kustomer,  a  provider  of 
Customer Relationship Management (‘CRM’) software, by Meta236. The Commission carried 
out  an  in-depth  investigation  over  concerns  that  the  transaction  would  have  harmed 

234  Case  AT.40437,  Apple  -  App  Store  Practices  (music  streaming);  Case  AT.40652,  Apple  App  Store  Practices  (e-
books/audiobooks); Case AT.40716, Apple - App Store Practices. 
235  Case  AT.40437,  Apple  -  App  Store  Practices  (music  streaming);  see  also  the  press  release  of  30.4.2021: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2061 
236 Case M.10262, Meta (formerly Facebook)/Kustomer, Commission Decision of 27.1.2020, available at: 
https://ec.europa.eu/competition/mergers/cases1/202242/M_10262_8559915_3054_3.pdf  

55 

 
 
 
                                                 
competition  in  the markets  for the supply of CRM software, as  Meta could  have foreclosed 
Kustomer’s rivals and new entrants by denying access to application programming interfaces 
(‘APIs’)  for  its  messaging  channels  (Messenger,  Instagram,  WhatsApp).  To  address  the 
competition concerns, Meta offered access remedies with a 10-year duration. These remedies 
consist  of:  (i)  granting  non-discriminatory  access  to  Meta’s  publicly  available  APIs  for  its 
messaging  channels  to  Kustomer’s  rivals;  (ii)  an  API  parity  commitment  whereby  all 
improvements  and  updates  made  available  to  Kustomer  will  be  made  available  also  to 
Kustomer’s  rivals.  The  Commission  concluded  that  the  transaction,  as  modified  by  the 
remedies, would no longer raise competition concerns. 

On 20 January 2022, the Commission published the final report237 and its accompanying Staff 
Working  Document238  in  its  sector  inquiry  on  the  consumer  Internet  of  Things  (“IoT”) 
launched in July 2020, based on Article 17 of Regulation 1/2003239. The report presents the 
findings,  including  a  number  of  potential  competition  concerns,  raised  by  stakeholders,  in 
particular in relation to voice assistants and smart device operating systems, the access to and 
accumulation of large amounts of data and a lack of interoperability. 

The Digital Markets Act  
The Digital Markets Act (DMA) addresses systemic practices arising in digital markets, such as the gatekeeper 
power of large digital platforms. The DMA establishes the relevant criteria to identify “gatekeepers” which fall 
within  the  Regulation.  Where  a  platform  meets  the  quantitative  thresholds  regarding  (1)  its  size,  (2)  its  active 
business users and end users, and (3) its entrenched and durable position, it will be presumed to be a gatekeeper. 
The Commission will also be able to designate gatekeepers individually upon qualitative assessment. Designated 
gatekeepers  will  be  obliged  to  comply  with  a  set  of  harmonized  rules,  which  aim  at  keeping  core  platform 
services contestable and restrict unfair conduct vis-à-vis their business users, within six months upon designation 
as  a  gatekeeper.  To  address  potential  non-compliance  with  the  obligations,  fines  of  up  to  10%  of  the 
undertaking’s  worldwide  turnover  may  be  imposed.  Moreover,  in  case  of  systematic  non-compliance, 
proportionate behavioural or structural remedies may be imposed on such firms. 

A political agreement on the DMA was reached on 24 March 2022. The final text was signed on 14 September 
2022 by the Council and the Parliament and was published in the Official Journal of the European Union on 12 
October  2022.  The  DMA  entered  into  force  on  1  November  2022  and  will  be  applicable  as  of  2  May  2023. 
Within  the  following  two  months,  companies  providing  core  platform  services  and  meeting  the  quantitative 
thresholds will have to notify the Commission and provide all relevant information. The Commission will then 
have two months to adopt a decision designating a specific gatekeeper. The designated gatekeepers will have a 
maximum of six months after the Commission decision to ensure compliance with the obligations foreseen in the 
DMA. 

In addition, the  Commission  must prepare a number of implementing acts, templates for decisions, and set  up 
internal procedures, including registry and IT systems. 

237  Report  from  the  Commission  to  the  Council  and  the  European  Parliament  -  Final  report  -  sector  inquiry  into 
consumer  Internet  of  Things  COM  (2022)  19  final,  20.1.2022,  available  at:  https://ec.europa.eu/competition-
policy/system/files/2022-01/internet-of-things_final_report_2022_en.pdf 
238 Commission Staff Working Document – Report from the Commission to the Council and the European Parliament: 
Final  report  -  Sector  inquiry  into  consumer  Internet  of  Things,  SWD  (2022)  10  final,  20.1.2022,  available  at: 
https://ec.europa.eu/competition-policy/system/files/2022-01/internet-of-
things_final_report_2022_staff_working_document_0.pdf 
239  Commission  decision  of  16.7.2020  initiating  an  inquiry  into  the  sector  for  consumer  Internet  of  Things  related 
products  and  services  pursuant 
to  Article  17  of  Council  Regulation  (EC)  No  1/2003,  available  at: 
https://ec.europa.eu/competition/antitrust/IoT_decision_initiating_inquiry_en.pdf  

56 

 
 
                                                 
2.2.2. Technology Markets 

The  Commission’s  actions  in  technology  markets  aim  at  keeping  markets  competitive  and 
maximising incentives to innovate. In this context, the Commission has continued monitoring 
compliance  with  its  decisions  in  the  Google  Search  (Shopping)240  and  Google  Android241 
cases. 

In February 2022, NVIDIA, a global supplier of semiconductors, withdrew its notification of 
the proposed acquisition of Arm, a supplier of core architecture and intellectual property (‘IP’) 
to  chipmakers  for  the  design  of  processing  units,  and  abandoned  the  transaction.  The 
Commission had opened an in-depth investigation to assess NVIDIA’s proposed acquisition of 
Arm, as the Commission found that Arm has significant market power on the upstream market 
for the licensing of IP for the design of processor products242. During the in-depth review, the 
Commission  investigated  concerns  that  the  merged  entity  would  have  had  the  ability  and 
incentive  to  restrict  or  degrade  access  to  Arm's  IP  by  providers  of  processor  products 
competing  with  NVIDIA  downstream.  This  could  have  led  to  higher  prices,  less  choice  and 
reduced innovation in the semiconductor industry. 

In December 2022, the Commission opened an in-depth investigation to assess the proposed 
acquisition  of  VMware  by  Broadcom243.  Broadcom  is  a  supplier  of  hardware,  primarily 
network  interface  cards  and  adapters,  whereas  VMware  offers  virtualization  software.  The 
Commission  is  primarily  concerned  that  the  transaction  may  allow  Broadcom  to  reduce  the 
ability  of  rival  hardware  suppliers  to  compete,  primarily  by  degrading  interoperability  of 
VMware’s virtualization software with competitors’ hardware products. 

The Google Android case 

On  14  September  2022,  the  General  Court  largely  upheld  the  Commission’s  decision  of  2018  in  the  Google 
Android  case,  concluding  that  Google  had  imposed  illegal  restrictions  on  Android  device  manufacturers  and 
mobile network operators to preserve its dominant position in general internet search. The Court  decreased the 
fine from EUR 4.34 billion to EUR 4.125 billion. Specifically, the Court upheld the Commission’s finding that 
Android and iOS belonged in separate relevant product markets. It also upheld the Commission’s findings that 
Google had restricted competition from competing general search services and browsers via the pre-installation 
conditions  Google  imposed  on  manufacturers  of  mobile  devices  and  from  alternative  versions  of  Android  and 
competing general search services via its anti-fragmentation agreements. 

In parallel, the Commission keeps monitoring the remedies that Google implemented in the EEA. Google untied 
Google  Play  Store,  Google  Search  and  Google  Chrome  on  Google  Android  smart  mobile  devices.  Google 
allowed device manufacturers to sell a forked version of Android on devices of their choice whilst continuing to 
sell other devices based on Google Android and with Google Play. Google rolled out a choice screen to allow 
users to select their preferred search engine at the setup of new devices. 

240  Case  AT.39740,  Google  Search 
https://ec.europa.eu/competition/antitrust/cases/dec_docs/39740/39740_14996_3.pdf  
241  Case  AT.39740,  Google 
of 
https://ec.europa.eu/competition/antitrust/cases/dec_docs/40099/40099_9993_3.pdf   
242 Case M.9987, Nvidia/Arm; see also the press release of 27.10.2021: 
https://ec.europa.eu/commission/presscorner/detail/en/IP_21_5624   
243 Case M.10806, Broadcom / VMware; see also the press release of 20.12.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7835  

Android,  Commission  Decision 

(Shopping),  Commission  Decision  of  27.6.2017,  available  at: 

18.7.2018, 

available 

at: 

57 

 
                                                 
2.2.3. Telecommunication sector 

European consumers must be able to benefit from increased choice in the telecommunication 
sector  thanks  to  low  prices,  high  quality  and  innovative  services.  Mobile  infrastructure 
sharing  agreements  can  be  a  source  of  efficiencies,  such  as  cost  reductions  and  quality 
improvements. However, these agreements can give rise to restrictive effects on competition, 
as  they  may  limit  infrastructure  competition  that  would  take  place  absent  the  agreement.  A 
section  providing  guidance  on  the  competition  law  assessment  of  mobile  infrastructure 
sharing agreements  was  introduced in  the draft revised guidelines on horizontal cooperation 
agreements, which were open for public consultation in 2022244. The guidelines emphasise the 
need  to  conduct  a  case  by  case  assessment  under  Article  101  TFEU,  provide  the  variety  of 
factors which are relevant for the competitive assessment, give broad principles for the self-
assessment  of  different  types  of  mobile  infrastructure  sharing  agreements  and  set  out 
minimum  requirements  to  be  complied  with  in  order  for  a  mobile  infrastructure  sharing 
agreement not to be considered, prima facie, as likely to have restrictive effects under Article 
101 TFEU. 

In  2022,  the  Commission  continued  its  investigation  into  mobile  infrastructure  sharing 
agreements  between  the  two  largest  operators  in  Czechia,  O2/CETIN  and  T-Mobile. 
Following on from the issuance of a Statement of Objections in 2019, on 27 August 2021, the 
Commission  adopted  a  preliminary  assessment  which  set  out  the  concerns  that  the 
Commission continued to have as regards the negative effects on competition of the sharing 
agreements. The key concerns set out related to the reduction in the ability and incentives of 
T-Mobile  and  O2  to  unilaterally  invest  in  network  infrastructure,  in  particular  through 
technological  hold-back,  financial  disincentives  and  information  exchange,  which  in  turn 
could  lead  to  reduced  flexibility  in  competitiveness,  innovation  and  technology/product 
differentiation and therefore negatively affect competition on the retail and wholesale markets 
for mobile telecommunications services in the Czech Republic, leading to less choice, lower 
quality of services, as well as delays in innovation. The parties offered commitments to meet 
the  Commission’s  competition  concerns.  The  commitments  relate  to  certain  hardware 
upgrades,  certain  financial  conditions  for  unilateral  deployments,  further  restrictions  on 
information  exchange  and no extension of the sharing  agreements to  Prague and  Brno for a 
period  between  7  and  10  years.  On  11  July  2022  the  Commission  adopted  a  Commitments 
Decision  making  legally  binding  under  EU  antitrust  rules  the  commitments  offered  by  the 
sharing parties, as well as their parent companies, Deutsche Telekom and PPF Group245. On 
30  September  2022  the  Commission  adopted  a  Rejection  decision246  addressed  to  the 
complainant,  Vodafone,  explaining  why  the  Commission  considers  that,  in  view  of  the 
Commitments Decision, there are no longer grounds for action with regard to the allegations 
dealt  with  by  the  Commitments  Decision.  As  regards  the  remaining  concerns  raised  by  the 
complainant,  the  decision  explains  why  the  Commission  considers  that  the  likelihood  of 

244 See the press release of 1.3.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_1371  
245  Case  AT.40305,  Network  sharing 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_4463   
246 See the Commission decision at:  
https://ec.europa.eu/competition/antitrust/cases1/202250/AT_40305_8659567_4194_4.pdf  

-  Czech  Republic;  see  also 

the  press 

release  of  11.7.2022: 

58 

 
                                                 
finding of an infringement of Article 101(1) TFEU is limited, and therefore the Commission 
does not consider appropriate to investigate further the case. 

In January 2022, the Commission re-adopted a decision in which it imposed a fine of EUR 66 
894 000 on  Telefónica and of EUR 12 146 000 on  Pharol (ex-Portugal Telecom)247. On 23 
January  2013,  the  Commission  had  adopted  a  decision  fining  Telefónica  and  Portugal 
Telecom for entering into a non-compete agreement with the object of restricting competition 
in  the  internal  market  and  thus  infringing  Article  101  TFEU.  The  General  Court,  in  its 
judgments  of  28  June  2016  (later  confirmed  by  the  judgment  of  the  Court  of  Justice  of  13 
December  2017)248,  upheld  the  Commission’s  reasoning  as  regards  the  infringement  in  its 
decision,  but  annulled  the  fines  imposed  by  the  Commission.  In  accordance  with  the  Court 
judgments,  the  Commission  should  have  determined  the  services  for  which  Telefónica  and 
Portugal  Telecom  were  not  in  potential  competition  during  the  period  of  application  of  the 
non-compete  clause  and  should  have  excluded  these  services  for  the  purposes  of  the  fines 
calculation.  The  2022  re-adoption  decision  took  full  account  of  the  General  Court’s 
judgments  and  excluded  those  services  from  the  value  of  sales  for  which  insurmountable 
barriers to entry existed and for which the parties were thus not in potential competition with 
each other during the period of application of the non-compete clause. 

On  28  July  2022,  the  Commission  opened  an  in-depth  investigation  into  the  proposed 
acquisition of VOO and Brutélé by Orange249. Orange, based in France, is a provider of retail 
mobile  and  fixed  telecommunication  services  in  Belgium.  VOO  and  Brutélé,  based  in 
Belgium,  are  leading  providers  of  retail  fixed  and  mobile  telecommunication  services  in 
Belgium. The Commission is concerned that the proposed transaction may reduce competition 
in  the  retail  markets  for  the  supply  of  fixed  internet  services,  audio-visual  services  and 
multiple-play bundles in parts of Belgium.  

Furthermore, on 27 July 2022, the Commission decided to accept a referral request by Spain, 
joined  by  a  number  of  Member  States,  to  assess  the  proposed  acquisition  of  Inmarsat  by 
Viasat250.  While  the  proposed  acquisition  does  not  meet  the  thresholds  of  the  EU  Merger 
Regulation,  the  Commission  concluded  that  the  transaction  meets  the  criteria  for  referral 
under Article 22 EU Merger Regulation. Viasat, based in the US, and Inmarsat, based in the 
UK,  operate  own  satellite  networks  and  provide  two-way  satellite  communication  services. 
The  Commission  considers  that  the  transaction  might  affect  competition  in  the  supply  of 
satellite in-flight connectivity services for commercial aviation in the EEA.  

247  Case  AT.  39839,  Telefónica/Portugal  Telecom;  Commission  decision  of  25.1.2022,  available  at 
https://ec.europa.eu/competition/antitrust/cases1/202232/AT_39839_8432000_2174_3.pdf  
248  Judgment  of  the  General  Court  of  28.6.2016,  Case  T-216/13,  Telefónica  v  Commission,  EU:T:2016:369,  as 
confirmed  by  Case  C-487/16  P,  Telefónica  v  Commission,  EU:C:2017:961  and  Judgment  of  the  General  Court  of 
28.6.2016, Case T-208/13, Portugal Telecom v Commission, EU:T:2016:368. 
249 
the 
https://ec.europa.eu/commission/presscorner/detail/en/IP_22_4762  
250 See the press release of 27.7.2022: https://ec.europa.eu/commission/presscorner/detail/en/mex_22_4743  

Orange/VOO/Brutélé; 

Case  M.10663, 

28.7.2022: 

release 

press 

also 

see 

of 

59 

 
 
                                                 
2.2.4. Media 

The  Commission’s  activity  in  this  sector  aims  at  ensuring  that  consumers  can  benefit  both 
from a wider choice of and unrestricted access to high quality content at competitive prices, 
and from increased technological innovation. 

On  15  March  2022,  the  Commission  approved  unconditionally  the  acquisition  of  Metro 
Goldwyn Mayer (‘MGM’) by Amazon251. MGM produces and distributes audio-visual (‘AV’) 
content,  including  the  popular  film  franchise  James  Bond.  Amazon  is  active,  among  other 
things,  in  the  distribution  of  AV  content  via  Prime  Video,  as  well  as  in  the  provision  of 
marketplace services. During its investigation, the Commission examined customer and input 
foreclosure concerns, in particular whether Amazon could have harmed (i) rival distributors of 
AV content and (ii) cinemas by foreclosing access to  MGM’s films and series. Furthermore, 
the  Commission  investigated  conglomerate  links  regarding  (i)  MGM's  content  and  (ii) 
Amazon's  existing  bundle  of  AV  retail  and  marketplace  service  products,  to  examine  the 
possible impact on Amazon's position as provider of marketplace services. The Commission 
concluded  that  the  transaction  would  raise  no  competition  concerns  primarily  due  to  the 
presence of strong rivals both in the production and in the distribution of AV content. 

Furthermore,  on  8  November  2022,  the  Commission  opened  an  in-depth  investigation  over 
the  proposed  acquisition  of  Activision  Blizzard  by  Microsoft,  both  of  the  US252.  Activision 
Blizzard  is  a  publisher  and  distributor  of  video  games,  including  the  popular  Call  of  Duty. 
Microsoft  is  a  global  technology  company,  which  amongst  others  also  publishes  and 
distributes video games. The Commission is concerned that Microsoft could foreclose (i) rival 
digital  distributors  of  console  games  and  (ii)  rival  providers  of  multi-game  subscription 
services  and  cloud  gaming  services  by  withholding  or  degrading  access  to  Activision 
Blizzard’s  games.  The  Commission  is  also  concerned  that  the  transaction  could  strengthen 
Microsoft’s  position  in  the  market  for  PC  operating  systems,  due  to  conglomerate  links 
between  Microsoft’s  Windows  and  several  interrelated  markets,  in  particular  Microsoft’s 
distribution  of  PC  games,  including  Activision  Blizzard  games,  and  the  provision  of  cloud 
game streaming services.  

In November 2022, the European Commission opened an in-depth investigation to assess the 
proposed acquisition of Lagardère by Vivendi253. Both parties are French multi-media groups 
active  in  book  and  magazine  publishing.  The  parties  are  the  first  and  second  largest 
companies on most markets in the books value chain. The Commission is concerned that the 
transaction may reduce competition on the markets for (i) the purchasing of authors' rights for 
French-language books, (ii) the distribution and marketing of French-language books, (iii) the 
sale of French-language books to retailers, and (iv) the sale of celebrity magazines. 

In 2022, the Commission also dealt with a large number of State aid cases in the news media 

Case 

M.10349, 

Amazon/MGM; 

251 
https://ec.europa.eu/commission/presscorner/detail/en/IP_22_1762  
252  Case  M.10646,  Microsoft/Activision  Blizzard; 
see 
https://ec.europa.eu/commission/presscorner/detail/en/IP_22_6578  
253 Case M.10433, Vivendi/Lagardere; see also the press release of 30.11.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7243  

also 

also 

see 

the 

press 

release 

of 

15.3.2022: 

the 

press 

release 

of 

8.11.2022: 

60 

 
                                                 
sector,  with  a  view  to  help  the  sector  recover  from  the  crisis  and  maintain  a  healthy 
competitive environment. Particular attention was paid to the fact that media play a key role 
for  democracy,  where  support  is  provided  in  a  way  that  respects  and  promotes  quality 
independent  journalism,  media  freedom  and  pluralism254.  In  this  context,  the  Commission 
approved schemes aimed at fostering the digital transformation and technological innovation 
of the media industry255. In addition, the Commission approved aid to film production256 and 
videogames production257 where appropriate to sustain the cultural diversity of the EU in the 
audio-visual sector. 

2.2.5. Facilitating the Digital Transition 

Performant, reliable and secure electronic communications networks are essential enablers for 
the digital transformation of the EU. They are a crucial factor for bridging the digital divide as 
well  as  for  ensuring  social  cohesion  and  a  competitive  and  sustainable  economy.  State  aid 
control in this sector plays an important role in developing a coordinated investment strategy 
across EU and in reaching the digital transition goals set out in the relevant Communications 
from the Commission258. 

Following  an  evaluation  of  the  2013  Guidelines  for  State  aid  to  Broadband259and  a  public 
consultation on the draft for revised Broadband Guidelines260, which ended in February 2022, 
the  Commission  adopted  the  new  EU  Guidelines  for  the  application  of  State  aid  rules  in 
relation  to  the  rapid  deployment  of  broadband  networks  on  12  December  2022261.  The 
revision  ensures  that  the  guidelines  are  aligned  to  the  latest  market  and  technological 
developments.  The key  changes concern: (i) a threshold for market  failure concerning fixed 
networks set at 1 Gbps download and 150 Mbps upload speeds under peak time conditions, 
(ii)  conditions  for  (exceptional)  public  investments  in  black  areas;  (iii)  step  change 
requirements;  (iv)  mapping  and  public  consultation;  and  (iv)  wholesale  access  obligations 
revised  to  ensure  the  promotion  of  an  effective  competition  at  the  wholesale  level,  while 
maintaining  the  balance  between  costs  and  benefits  of  such  obligations.  Moreover,  the 

254  See,  inter  alia,  Case  SA.101274,  Italy  -  Tax  credit  for  the  expenses  incurred  in  2020  by  publishers  for  the 
distribution  of  newspapers  and  periodicals;  Case  SA.102752,  France  -  Amended  tax  reduction  on  news  media 
subscriptions.  
255 Case SA.101182, Belgium - Digital transformation of media. 
256 See, inter alia, Case SA.100474, Germany/German Motion Picture Fund; Case SA.102040, Spain - Tax deduction 
for audiovisual productions and live shows of performance and music arts in Biscay – modification.  
257 See, inter alia, Case SA.103066, France - Crédit d'impôt en faveur de la création de jeux vidéo.  
258 See in particular the following Communications from the Commission to the European Parliament, the Council, the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions:  (i)  Communication  of  14.9.2016, 
‘Connectivity for a Competitive Digital Single Market - Towards a European Gigabit Society’ (COM(2016)587 final); 
(ii)  Communication  of  19.2.2020,  ‘Shaping  Europe's  digital  future’  (COM(2020)67  final);  (iii)  Communication  of 
9.3.2021,  ‘2030  Digital  Compass:  the  European  way  for  the  Digital  Decade’  (COM(2021)118  final).  See  also  the 
Proposal for a Decision of the European Parliament and of the Council establishing the 2030 Policy Programme ’Path 
to the Digital Decade’, COM(2021) 574 final. 
259 Communication from the Commission: EU Guidelines for the application of State aid rules in relation to the rapid 
deployment of broadband networks, OJ C 25, 26.1.2013, p. 1. 
260  The  public  consultation 
policy.ec.europa.eu/public-consultations/2021-broadband_en  
261  Communication  from  the  Commission:  Guidelines  on  State  aid  for  broadband  networks,  C(2022)  9343  final  of 
12.12.2022. 

-  February  2022.  See  https://competition-

in  November  2021 

took  place 

61 

 
                                                 
guidelines  introduced  a  new  assessment  framework  for  deployment  of  backhaul  and  mobile 
networks, as well as for demand-side measures.  

State aid control also played a fundamental role with regard to measures within the RRF262. In 
2022,  among  other  State  aid  decisions  relevant  for  the  telecommunications  sector,  the 
Commission approved, under State aid rules, five schemes to support the deployment of high-
performing – fixed263 or mobile264 – networks, as well two voucher schemes265, supported by 
the  RRF.  In  particular,  in  2022,  the  Commission  approved  two  Italian  schemes  entirely 
supported by the RRF266. By decision of 27 January 2022, the Commission approved a EUR 
3.8 billion scheme to deploy fixed networks offering 1 Gbps download and 200 Mbps upload 
speeds in Italian areas where there is no current or planned network able to provide 300 Mbps 
download  speed.  By  decision  of  25  April  2022,  the  Commission  approved  a  EUR  2  billion 
scheme  to  roll  out  high-performing  5G  mobile  networks,  and  in  particular:  (i)  performant 
backhaul  networks  to  connect  the  mobile  base  stations  that  by  2026  will  not  have  a 
performant  one;  and  (ii)  the  necessary  base  stations  to  provide  5G  mobile  services  offering 
speeds of at least 150 Mbps download and 30 Mbps upload in those areas of Italy which, by 
2026,  will  not  be  served  by  networks  offering  download  speed  above  30  Mbps.  The 
Commission  found  that  both  schemes  met  the  applicable  State  aid  requirements.  The 
decisions,  while  preceding  the  adoption  of  the  new  Broadband  Guidelines,  are  in  line  with 
their principles and apply them to large scale publicly-funded schemes aimed to facilitate the 
digital transition.  

3. 

FINANCIAL SERVICES 

3.1 Overview of key challenges in the sector 

Throughout 2022, financial services markets continued to be characterised by a rapid pace of 
technological and regulatory development. The Commission’s interventions in the sector aim 
at ensuring that consumers and merchants are able to benefit fully from these developments. 
EU competition policy contributes to maintaining and promoting competition in markets for 
financial services and protecting customers and innovation while preventing systemic risks to 
the economy. 

EU legislation, and in particular the implementation of the Interchange Fee Regulation267 and 

262 To facilitate the Member States’ State aid assessment, the Commission provided guidance in the form of a template 
on  measures  to  support  the  deployment  and  take-up  of  fixed and  mobile  networks,  available  at:  https://competition-
policy.ec.europa.eu/system/files/2021-04/template_RRF_broadband_roll_out_and_demand_side_measures_0.pdf   
263  Case  SA.63170,  Italy  –  RRF  -  Plan  1  Gbps;  Case  SA.  63172,  Austria  –  RRF  -  Broadband  Austria  2030;  Case 
SA.102847, Spain – RRF - Support for connectivity in rural areas. 
264 Case SA.100557, Italy - RRF – Italian 5G Plan; Case SA.103451, Spain – RRF - Deployment of backhaul networks 
for mobile connectivity.  
265 Case SA.100138, Spain – RRF - Social connectivity vouchers for economically vulnerable categories of end-users; 
Case SA.102977, Cyprus – RRF - Broadband connectivity vouchers for households. 
266  Cases  SA.100704,  Italy  -  RRF  –  Support  Scheme  for  the  promotion  of  biomethane;  SA.102460,  Italy  -  RRF  - 
Realizzazione  di  impianti  fotovoltaici  da  installare  su  edifici  a  uso  produttivo  nei  settori  agricolo,  zootecnico  e 
agroindustriale, da finanziare nell'ambito del PNRR, Missione 2, componente 1, investimento 2.2 ‘Parco Agrisolare’. 
267  Regulation  (EU)  2015/751  of  the  European  Parliament  and  of  the  Council  of  29.4.2015  on  interchange  fees  for 
card-based payment transactions, OJ L 123, 19.5.2015, p. 1. 

62 

 
                                                 
the  revised  Payment  Services  Directive268  stimulate  competition  and  innovation  in  the 
payments sector, to the benefit of consumers and merchants. Many payment services markets 
are characterised by network effects. As a result, distortions of competition by companies or 
Member  States  can  have  particularly  severe  effects,  for  example  preventing  innovative 
competitors from entering markets or pushing them to market exit. 

New  players  regularly  enter  or  continue  their  development  in  multiple  financial  markets. 
Firms  entering  financial  markets  include  large  technology  companies  such  as  Apple  or 
Alphabet  (Google)  but  also  smaller  or  more  innovative  providers,  in  particular  so  called 
FinTech  companies.  They  enhance  the  provision  of  financial  services  by  technological 
innovation.  This  trend  covers  most  financial  services  markets,  including  banking,  payments 
and insurance. Digital technology and FinTech companies also facilitate access to EU capital 
markets  for  investors.  In  2022,  the  Commission  continued  its  efforts  to  create  a  well-
functioning Capital Markets Union. Cryptocurrencies raise a number of regulatory challenges, 
and  possible  competition  issues.  Most  of  the  regulatory  issues  as  well  as  a  number  of 
competition concerns are addressed in the Regulation on Markets in Crypto-Assets (MiCa)269, 
which  regulates  and  supervises  crypto-assets.  In  2022,  the  Commission  monitored  market 
developments  for  crypto-assets  as  well  as  “digital  wallets”  for  cryptocurrency-related 
payment  and  money  transfers,  for  example  Facebook’s  pilot  project  for  creating  a  digital 
wallet called Novi270.  

Incumbent operators in the financial industry, including card schemes, banks and traditional 
insurers or brokers remain key players in the financial value chains. In 2022, the Commission 
investigated  consolidation,  cooperation  and  possible  anti-competitive  coordination  between 
incumbent firms. The Commission also reviewed aid schemes to banks and other traditional 
financial institutions. 

Access to reliable financial data at low cost is another key challenge for the financial industry. 
Such data ensures the fairness of market prices and systemic stability. Major policy initiatives 
and  commercial  strategies  aimed  at  encouraging  a  stronger  shift  towards  sustainable 
investment  through  clearer  indications  of  firms’  environmental,  social  and  corporate 
governance (‘ESG’) records have further emphasised the need for fair and non-discriminatory 
access  to  financial  market  data  such  as  ESG  indices.  These  developments  demonstrate  the 
importance  of  qualitative  proprietary  market  data  for  the  functioning  of  the  Capital  Market 
Union.  This  has  reinforced  the  need  to  ensure  that  EU  data  markets  are  free  of  anti-
competitive behaviours and that mergers in this field are carefully scrutinised. 

The EU banking sector has largely overcome the financial crisis that started in 2008 and so far 
has managed to withstand the negative economic effects of the COVID-19 pandemic and the 
market disruptions that followed the Russian aggression against Ukraine. The aid schemes set 

268 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25.11.2015 on payment services in the 
internal market, OJ L 337, 23.12.2015, p. 35, currently up for review by the Commission. 
269  See  the  proposal  for  a  Regulation  of  the  European  Parliament  and  the  Council  on  Markets  in  Crypto-assets,  and 
amending Directive (EU) 2019/1937, COM(2020) 593 final, 24.9.2020. 
270 Although Facebook ended the pilot for Novi on 1 September 2022, it is considering plans to repurpose the wallet 
for future products, including those related to the development of the metaverse.   

63 

 
                                                 
up by the Member States to support the real economy and approved by the Commission under 
the  Temporary  Framework  and  Temporary  Crisis  Framework  for  State  aid  measures 
contributed to shielding banks from the negative effects of the sudden economic downturn.  

3.2 Contribution of EU competition policy to tackling the challenges  

3.2.1. Contribution of EU competition policy to innovation and fairness in payments 

In 2022, the Commission continued its monitoring of the application of the Interchange Fee 
Regulation (‘IFR’)271. 

In  addition,  a  study  on  new  developments  in  card-based  payment  markets  mostly,  but  not 
only, related to the application of the IFR has been launched in October 2022. This study will 
examine market trends, including the ones related to digital solutions such as mobile wallets 
that rely on cards for payment transactions. The study will also provide a detailed assessment 
of  trends  in  Merchant  Service  Charges  and  their  components  including  scheme  fees,  their 
transparency and negotiability as well as choice of card-based payment applications. 

3.2.2. Antitrust investigations in the financial services sector 

In  the  field  of  motor  insurance,  the  Commission  in  2022  finalised  its  investigation  into  the 
conditions  of  access  to  the  insurance  link  data  pooling  system  operated  by  the  industry 
association  Insurance  Ireland.  In  June  2021,  the  Commission  had  sent  a  Statement  of 
Objections272 to Insurance Ireland, presenting its preliminary concerns that Insurance Ireland 
arbitrarily delayed or de facto denied access to the system to companies that had a legitimate 
interest in joining it, which may have the effect of placing these companies at a competitive 
disadvantage on the Irish motor insurance market in comparison to companies already having 
access  to  the  database.  Insurance  Ireland  offered  commitments  to  address  the  preliminary 
concerns identified. The  Commission was satisfied with  the final commitments offered, and 
on  30  June  2022  adopted  a  decision273  accepting  the  final  commitments.  The  Commission 
also  approved  the  monitoring  trustee  whose  task  will  be  to  monitor  the  correct 
implementation of the commitments for the next 10 years.  

On the wholesale financial services side, given the cessation of LIBORs and other IBORS, the 
Commission  continued  its  monitoring  of  the  design  and  implementation  of  fall-backs.  Such 
fall-backs  exist  to  facilitate  the  transition  of  financial  contracts  from  IBORs  to  Risk  Free 
Rates  (RFRs)  by  various  public  organisations  as  well  as  private  organisations  and 
associations.  

The  Commission  also  continued  its  yearly  monitoring  of  parallel  10-year  commitments, 
which  the  International  Swaps  and  Derivatives  Association  and  the  provider  of  commodity 
and  financial  data,  IHS  Markit  (now  part  of  S&P  Global)  have  entered  into274.  These 
commitments cover both organisational changes to reduce the influence of CDS dealers (the 

271  Regulation  (EU)  2015/751  of  the  European  Parliament  and  of  the  Council  of  29.4.2015  on  interchange  fees  for 
card-based payment transactions, OJ L 123, 19.5.2015, p. 1. 
272 See the press release of 18.6.2021: https://ec.europa.eu/commission/presscorner/detail/en/IP_21_3081 
273 Case AT.40511, Insurance Ireland; see also the press release of 25.2.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_1389  
274 Case M.10108, S&P Global / IHS Markit. 

64 

 
                                                 
member banks of advisory committees) over licensing decisions and licensing changes such 
as the granting of licenses on fair reasonable and non-discriminatory terms. 

The Commission  moreover continued its investigations into access  to  market  data, which is 
regarded  as  a  key  element  for  the  ability  of  customers  to  participate  in  equity  trading.  For 
example,  market  data  is  accessed  through  data  vendors  that  purchase  their  data  from  the 
respective incumbent exchanges ('market data providers') and other platforms or directly from 
the incumbent exchanges. 

Following  the  acceptance  by  the  Commission  of  commitments  offered  by  Visa  and 
MasterCard in 2019275 to significantly reduce their multilateral interchange fees for payments 
in  the  EEA  with  consumer  cards  issued  elsewhere,  the  Commission  has  continued  its 
monitoring  in  2022  of  Visa’s  and  MasterCard’s  compliance  with  the  terms  of  these 
commitments. 

On  2  May  2022,  the  Commission  sent  a  Statement  of  Objections276  to  Apple,  provisionally 
finding that Apple restricted competition by abusing its dominant position in the mobile wallet 
market  on  iOS  devices.  Apple  limiting  access  to  the  Near  Field  Communication  (NFC) 
functionality on iPhones for payments in stores, and reserving access to Apple Pay, may have 
an  exclusionary  effect  on  competitors  and  may  result  in  less  innovation  and  less  choice  for 
consumers as regards mobile wallets on iPhones. 

3.2.3. Merger investigations in the financial sector 

The Commission continued to ensure that concentrations in the financial sector do not lead to 
higher prices, lower quality products  or services,  or less innovation  for consumers. While it 
did  not  intervene  in  any  of  the  cases  in  2022,  it  reviewed  transactions  across  a  variety  of 
markets,  including  in  the  insurance  sector,  payment  services,  banking  and  other  specialised 
financial services. In addition, the Commission conducted an investigation pursuant to Article 
21 of the EU Merger Regulation, which confers upon the Commission exclusive competence 
for concentrations having Union dimension277.  

Following the authorisation of the acquisition of  IHS Markit by S&P Global on 22 October 
2021,  subject  to  the  parties’  commitments  to  divest  certain  businesses,  in  2022  the 
Commission  approved  the  purchasers  of  the  divested  businesses278.  In  particular,  on  24 
February 2022, the Commission approved  NewsCorp as a suitable purchaser of the divested 
business activities in commodity price assessments, and FactSet as a suitable purchaser of the 
divested business activities in identifiers. Finally, on 24 May 2022, the Commission approved 
Morningstar  as  a  suitable  purchaser  of  the  divested  business  activities  in  leveraged  loan 
market intelligence.  

On  6  April  2021,  Hungary  vetoed  the  acquisition  of  the  two  Hungarian  subsidiaries  of 
AEGON by VIG, both active in the insurance sector, despite the Commission reviewing and 

275 Decisions C(2019) 3033 final and C(2019) 3034 final of 29.4.2019. 
276 Case AT.40452, Mobile Payments; see also the press release of 2.5.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_2764 
277 Case M.10494, VIG / Aegon CEE (Art. 21 procedure). 
278 Case M.10108, S&P Global / IHS Markit. 

65 

 
                                                 
ultimately unconditionally  approving the transaction  on 12 August  2021279. On 21 February 
2022,  the  Commission  concluded  that  Hungary  had  breached  Article  21  of  the  EU  Merger 
Regulation  by  blocking  the  transaction  under  its  national  rules  on  foreign  direct 
investments280.  Following  its  investigation,  the  Commission  had  reasonable  doubts  as  to 
whether  the  veto  genuinely  aimed  to  protect  Hungary's  legitimate  interests,  and  also  found 
that  the  Hungarian  authorities  failed  to  show  that  the  measure  was  justified,  suitable  and 
proportionate. The Commission decision ordered Hungary to withdraw its veto. 

On 24 February 2022, the Commission unconditionally approved the acquisition of Ethniki by 
CVC Capital Partners281. Ethniki offers life and non-life insurance services in Cyprus, Greece 
and Romania. CVC, through its portfolio company HHG, controls private hospitals in Greece 
and Cyprus. The Commission investigated whether the transaction could impede competition 
in private health insurance services and general private hospital services in Greece. However, 
it  concluded  that  Ethniki  would  not  have  enough  market  power  to  foreclose  HHG's  rival 
hospitals and that HHG would not have the incentives to foreclose Ethniki's rival insurers. 

On 26 April 2022, the Commission unconditionally approved the creation of a joint venture 
by five commercial Slovakian banks, which was going to be active in the area of cash services 
in  Slovakia282.  The  Commission  concluded  that  the  transaction  would  raise  no  competition 
concerns  due  to  a  sufficient  number  of  alternative  providers  of  cash  services  active  in 
Slovakia. 

On  21  October  2022,  the  Commission  unconditionally  approved  the  merger  of  Vipps  and 
MobilePay and the acquisition of joint control over the new entity by a group of banks active 
in  the  Nordic  countries283.  Vipps  and  MobilePay  both  provide  mobile  wallets,  but  the 
Commission  did  not  identify  competition  concerns  as  Vipps  operates  in  Norway  and 
MobilePay in Denmark and Finland. The Commission also found that the parties would have 
neither the ability nor the incentive to engage in foreclosure practices. This approval followed 
a review earlier in 2022 of a related transaction, which in addition included a mobile wallet 
(Pivo)  and  a  bank  (OP)  active  in  Finland,  but  was  withdrawn  during  the  Phase  I 
investigation284. 

3.2.4. State aid investigations in the financial sector 

On 1 October 2022, the  Commission  approved aid  to  support the  resolution  of  Getin Noble 
Bank285, one of the ten largest Polish banks. According to the resolution plan, the main assets 
and  liabilities  of  the  bank  were  transferred  to  a  newly  created  bridge  bank.  Poland  has 
committed  to  start  an  open,  transparent  and  non-discriminatory  sales  process  for  the  bridge 
bank  to  find  a  suitable  purchaser  that  would  ensure  its  long  term  viability.  Poland  has 
provided the bridge bank with  direct  support measures in the  form  of cash injections worth 

279 Case M.10102, VIG / Aegon CEE. 
280 Case M.10494, VIG / Aegon CEE (Art. 21 procedure). 
281 Case M.10301, CVC / Ethniki. 
282 Case M.10378, VUB / Slovenska Sporitelna / Tatra Banka / 365.Bank / CSOB / JV. 
283 Case M.10935, DNB / Danske Bank / SB1 / EIKA / Balder / Vipps / MobilePay. 
284 Case M.10398, DNB / Danske Bank / OP / SB1 / EIKA / Balder / Vipps / MobilePay / PIVO. 
285 Case SA.100687, Poland - Liquidation aid to Getin Noble Bank S.A. in resolution. 

66 

 
                                                 
around EUR 1.4 billion (PLN 6.9 billion). These measures have been financed through (i) the 
national  resolution  fund;  and  (ii)  the  national  deposit  guarantee  fund.  The  Commission 
assessed the aid measures under its rules on State aid to banks in the context of the financial 
crisis286.  It  found  that  the  measures  are  in  line  with  the  objective  of  preserving  financial 
stability.  Existing  shareholders  and  subordinated  debt  holders  contributed  to  the  costs, 
reducing the need for intervention by the Polish Resolution Fund, in line with burden-sharing 
principles. In order to limit distortions of competition, Poland has committed, amongst other 
things, that the existence of the bridge bank will be limited in time and a prudent management 
will be implemented.  

On 2 August 2022287, the Commission approved a set of revised commitments submitted by 
Italy, replacing the original commitments on the basis of which the Commission had approved 
a precautionary recapitalisation in 2017 of Banca Monte dei Paschi di Siena (‘MPS’), the fifth 
largest Italian bank. Italy requested additional time to complete the restructuring of the bank 
and  to  sell  the  stake  of  the  Italian  State  in  the  bank.  The  Commission  concluded  that  the 
additional measures offered by Italy, including additional disposal of businesses and branches 
and certain limitations on the way the bank conducts its business, were sufficient to mitigate 
the  competition  distortion.  The  Commission  concluded  that  the  aid  which  Italy  granted  to 
MPS in July 2017 remains compatible with EU State aid rules, as the overall balance of the 
original decision was maintained with the revised set of commitments.  

The  Commission  also  authorised  the  prolongation  of  already  existing  schemes  under  which 
Member States can provide aid to foster the restructuring or orderly market exit of entities in 
distress  in  case  of  need.  For  Poland,  the  Commission  authorised  the  extension  of  both  the 
scheme for the liquidation of credit unions (in place since February 2014)288 and the scheme 
for  the  resolution  of  cooperative  and  small  commercial  banks  (in  place  since  December 
2016)289.  For  Ireland,  the  Commission  authorised  two  prolongations  of  the  restructuring 
scheme  for  credit  unions  (in  place  since  October  2014)290  and  the  extension  of  the  orderly 
winding-up  scheme  for  credit  unions  (in  place  since  December  2011)291.  For  Denmark,  the 
Commission  approved  the  second  re-introduction  of  the  winding-up  scheme  for  small 
banks292. 

The  Commission  also  authorised  indirect  aid  to  financial  institutions  in  schemes  primarily 
geared at providing social support to vulnerable households at risk of losing their home due to 
difficulties  in  mortgage  repayments.  In  Greece,  the  Commission  authorized  an  Interim 

286  Communication  from  the  Commission  on  the  application,  from  1  August  2013,  of  State  aid  rules  to  support 
measures  in  favour  of  banks  in  the  context  of  the  financial  crisis  (“2013  Banking  Communication”),  OJ  C  216, 
30.7.2013, p. 1. 
287 Case SA.103450, Italy – Banca Monte dei Paschi di Siena – Second amendment to the list of commitments related 
to the aid granted to Banca Monte dei Paschi di Siena in 2017. 
288 Case SA.103473, Poland – Twelfth prolongation of the Credit Unions Orderly Liquidation Scheme. 
289  Case  SA.103943,  Poland  –  Seventh  prolongation  of  the  resolution  scheme  for  cooperative  banks  and  small 
commercial banks. 
290 Case SA.102499, Ireland - 15th Prolongation of the Restructuring and Stabilisation Scheme for the Credit Union 
Sector;  Case  SA.104441,  Ireland  -  16th  Prolongation  of  the  Restructuring  and  Stabilisation  Scheme  for  the  Credit 
Union Sector. 
291 Case SA.102819,  Ireland - 19th prolongation of the Credit Union Resolution Scheme 2020-2021. 
292 Case SA.102434, Denmark - Second re-introduction of the winding-up scheme for small banks. 

67 

 
                                                 
support scheme until the establishment of a Sale and Lease Back Scheme (“SLB”)293, which 
is  expected  for  November  2023.  The  Interim  scheme  will  provide  an  interim  period  to 
vulnerable borrowers facing collateral enforcement or liquidation procedures on their primary 
residences.  During  this  subsidised  period,  all  enforcement  will  be  put  on  hold  and  the 
borrowers  will  commit  to  predetermined  monthly  contributions,  partially  subsidised  by  the 
State.  Once  established,  the  SLB  scheme  will  take  ownership  of  the  borrowers’  primary 
residences  and  lease  them  back  under  a  long-term  rental  contract  (i.e.  “mortgage-to-rent”). 
Beneficiaries of the interim scheme may choose to opt out of the SLB scheme. The scheme 
sets strict eligibility criteria to ensure support is targeted at those individuals most in need.  

The  Commission  also  approved  an  amendment  of  the  “OIKIA”  scheme  in  Cyprus294.  The 
amendment  broadens  the  group  of  socially  vulnerable  persons  that  can  benefit  from  a  debt 
relief on mortgage loans, which these persons are unable to repay. 

In  addition,  the  Commission  approved  the  prolongation  of  a  market-consistent  guarantee 
scheme  for  the  securitisation  of  non-performing  loans  (NPLs)  in  Italy  (Fondo  di  Garanzia 
sulla Cartolarizzazione delle Sofferenze (“GACS”)), in place since February 2016295. Through 
this type of scheme, Member States are allowed to help banks clean up their balance sheets 
without granting aid or distorting competition. 

The Commission found in 2021 that Sweden’s legislative proposal to introduce a risk tax on 
large credit institutions did not constitute State aid. The decision was challenged and is now 
pending in front of the General Court296.  

The revised Risk Finance Guidelines297 entered into force on 1 January 2022 and introduced 
simplified requirements for the assessment of schemes targeting SMEs and certain other non-
large enterprises (i.e. start-ups or certain middle-capitalisation firms (mid-caps), namely small 
or innovative mid-caps). The 2021 Guidelines were applied twice in 2022: for Cyprus, on a 
tax reduction for investments made by natural and legal persons in innovative SME298; and for 
France  on  the  second  amendment  of  the  IR-PME  scheme  of  income  tax  reduction  for 
subscription to the capital of SMEs299.  

Regarding  Short-term  export  credit  insurance  (STEC),  on  31  March  2022,  the  special 
provisions  of  the  “Temporary  Framework”300,  which  exceptionally  qualified  all  commercial 

293 Case SA.100529, Greece – Interim support scheme until the establishment of a Sale and Lease Back Scheme. 
294  Case  SA.101516,  Cyprus  -  Amendment  to  the  scheme  for  the  management  of  loans  granted  under  Government 
Housing Plans (OIKIA scheme). 
295  Case  SA.62880,  Italy  -  Fourth  prolongation  of  the  Italian  guarantee  scheme  for  the  securitisation  of  non- 
performing loans. 
296 Case SA.56348, Sweden - Swedish tax on credit institutions; The decision was challenged in front of the General 
Court and is currently pending as Case T-112/22. 
297  Communication  from  the  Commission,  Guidelines  on  State  aid  to  promote  risk  finance  investments,  OJ  C  508, 
16.12.2021, p. 1. 
298  Case  SA.63127,  Cyprus  -  Risk  Finance:  tax  reduction  for  investments  made  by  natural  and  legal  persons  in 
innovative small and medium-sized enterprises. 
299 Case SA.100943, France - 2e modification du dispositif IR-PME pour les investissements dans les FCPI et FIP. 
300 Communication from the Commission  - Temporary framework for State aid measures to support the economy in 
the  current  COVID-19  outbreak  (OJ  C  91I,  20.3.2020,  p.  1), as  amended  by  Commission  Communications  C(2020) 
2215 (OJ C 112I, 4.4.2020, p. 1), C(2020) 3156 (OJ C 164, 13.5.2020, p. 3), C(2020) 4509 (OJ C 218, 2.7.2020, p. 3), 

68 

 
                                                 
 
and  political  risks  associated  with  exports  to  the  countries  listed  in  the  Annex  to  the  2012 
STEC  as  temporarily  “non-marketable”,  expired.  The  Commission  therefore  approved  a 
number  of  STEC  schemes301,  which  expired  during  the  exemption  period  and/or  which  the 
Member State wanted to align with the revised STEC Communication302. 

On  17  March  2022,  the  Commission  launched  the  public  consultation  on  the  Evaluation  of 
State  aid  rules  for  banks  in  difficulty  in  the  broader  context  of  the  review  of  the  crisis 
management and deposit insurance framework launched by the Commission in 2021303. The 
public  Consultation  was  concluded  on  15  July  2022  and  the  summary  published  on  11 
October 2022.  

Finally, the Commission launched the evaluation of the Guarantee Notice304 on 29 August by 
publishing a public and a targeted consultation.  

4. 

TAXATION AND STATE AID  

4.1 Overview of key challenges on tax evasion and avoidance and fiscal aid 

The Commission enforces State aid rules in fiscal matters, notably in view of aggressive tax 
planning  practices  that  distort  or  threaten  to  distort  competition,  as  well  as  fiscal  policy 
decisions that lead to discriminatory treatment of companies.  

Outside the spheres in which EU tax law has been harmonised, Member States can decide on 
their own how to tax economic activities, which ones to tax, which rates to use, and which tax 
base  to  take  into  account.  In  other  words,  direct  taxation  is  a  competence  of  the  Member 
States.  But  Member  States’  fiscal  sovereignty  is  not  absolute  -  this  competence  must  be 
exercised in accordance with Union law, including the State aid rules. The recent judgments 
of both the Court of Justice and the General Court have confirmed the Commission’s power 
to assess the existence of selective advantages in direct tax matters. 

In  the  context  of  fiscal  measures,  the  finding  of  State  aid  depends  to  a  large  extent  on  the 
existence  of  a  selective  advantage,  with  a  particular  focus  on  the  selective  nature  of  the 
measure. It is for the Commission to assess whether fiscal measures selectively favour certain 
undertakings or certain sectors of activity305.  

Aggressive  tax  planning  strategies  can  take  a  variety  of  forms.  Companies  may  strike 
individual  “sweetheart  deals”  with  tax  authorities,  by  which  they  achieve  a  lower  level  of 
taxation  that  what  would  apply  to  other  taxpayers.  They  may  also  benefit  from  broader 

C(2020) 7127 (OJ C 340I, 13.10.2020, p. 1), C(2021) 564 (OJ C 34, 1.2.2021, p. 6), and C(2021) 8442 (OJ C 473, 
24.11.2021, p. 1). 
301 Case SA.102373, Latvia, Amendment of short-term export credit insurance scheme; Case SA.102071, Denmark – 
Reimplementation of the export-credit insurance scheme for short-term single risk cover; Case SA.101648, Finland- 
Prolongation and amendment of the short-term export-credit insurance scheme for SME and single-risk cover; Case 
SA.102108, Romania - Short-term export credit scheme 2022-2026. 
302 Communication from the Commission on the application of Article 107 and 108 of the Treaty on the Functioning of 
the European Union to short-term export credit insurance, OJ C 497, 10.12.2021, p. 5. 
303 See Annex of COM(2021) 713 final of 18.11.2021 
304 Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees, 
OJ C 155, 20.6.2008, p. 10. 
305 See the Judgments of the Court of 4.6.2015 in Case C-15/14 P, Commission v MOL, EU:C:2015:362, par. 60 and of 
30.6. 2016 in Case C-270/15 P, Belgium v Commission, EU:C:2016:489, par. 48.   

69 

 
                                                                                                                                                         
schemes  that  offer  fiscal  advantages  and  are  available  by  legislation  or  administrative 
practice.  Either  way,  such  practices  have  distortive  effects  on  the  internal  market,  as  they 
unduly  reinforce  the  competitive  position  of  certain  companies,  as  opposed  to  others.  They 
also  reduce  public  funding  that  would  otherwise  be  available  for  investments,  which  are 
particularly needed in the current context of Europe’s economic recovery. 

Whereas legislative initiatives have been launched and elaborated at global level and recently 
adopted  at  EU  level  to  address  aggressive  tax  planning306,  the  Commission’s  State  aid 
enforcement activities may also contribute to tackling tax base erosion and profit shifting, in 
particular where a favourable tax treatment is granted to internationally mobile activities. 

A relevant  development  in  the jurisprudence  relating to  aggressive tax planning practices is 
the judgment of the Court of Justice in the Fiat case307. While it confirmed the principle that 
the Commission is competent to assess direct tax measures under State aid rules, the Court in 
this  case  set  aside  the  General  Court  judgment  and  annulled  the  contested  Commission 
decision.  It  considered  that  the  Commission  had  erred  in  the  identification  of  the  reference 
framework by not basing that definition fully on national law. The erroneous definition of the 
reference framework was sufficient to vitiate the entire analysis (three-step test) with respect 
to the existence of a selective advantage.  

4.2 The Contribution of EU competition policy to tackling the challenges 

In 2022, the Commission continued to enforce State aid rules in both direct and indirect tax 
matters, by assessing measures that can potentially involve State aid. 

4.2.1. State aid investigations and decisions concerning aggressive tax planning 

The  Commission  continued  the  investigation  of  its  pending  cases  on  alleged  aid  granted  by 
the Netherlands to Inter Ikea, to Starbucks and to Nike, as well as on alleged State aid granted 
by Luxembourg to Huhtamäki.  

In addition, following the judgment of the General Court of 6 April 2022 (see below for more 
details), the Commission extended the scope of its ongoing in-depth inquiry into Gibraltar’s 
corporate  tax  regime  to  reassess  the  compatibility  with  State  aid  rules  of  a  2012  tax  ruling 
granted to Mead Johnson Nutrition Gibraltar subsidiary. 

At  the  same  time,  the  Commission  continues  its  investigation  into  the  Member  States’  tax 
rulings  legislation  and  practice.  To  recall,  the  Commission  had  started  to  collect  relevant 
information from all Member States in 2014 (for the period 2010 – 2013), aiming at acquiring 
knowledge into the practice of granting tax rulings.  In 2019, the Commission  re-launched  a 
similar exercise for the period 2014-2018. So far, the Commission has looked into more than 
a thousand rulings and continues  to  thoroughly examine the information put  forward by the 
Member States. 

306 See for example Directive (EU) 2022/2523 of 15 December 2022 on ensuring a global minimum level of taxation 
for multinational enterprise groups and large-scale domestic groups in the Union, OJ L 328, 22.12.2022, p. 1. 
307  Judgment  of  the  Court  (Grand  Chamber)  of  8.11.2022,  Joined  Cases  C-885/19  P  and  C-898/19  P,  Fiat  Chrysler 
Finance Europe and Ireland v European Commission, EU:C:2022:859. 

70 

 
                                                 
4.2.2. Important cases 

In 2022, the Commission received an important judgment from the Court of Justice, namely 
in the Fiat case308.  

On  8  November  2022,  the  Court  of  Justice  delivered  its  judgment  on  the  appeals  of  Fiat  Chrysler  Finance 
Europe  (Fiat)  and  Ireland  against  the  General  Court’s  judgment,  which  had  confirmed  the  Commission 
decision309. 

The  Court  of  Justice  set  aside  the  General  Court’s  judgment  and  annulled  the  Commission  decision.  It 
considered that the Commission (and the General Court, in accepting the Commission’s reasoning) erred in law 
in the definition of the reference framework. According to settled case law, this error vitiates the entire three-step 
analysis for the determination of the existence of a selective advantage.  

According to the Court of Justice, the Commission and the General Court erred in failing to take into account the 
way  in  which  Luxembourg  defined  and  applied  the  arm’s  length  principle  in  its  domestic  law.  Instead,  the 
Commission relied on an “abstract expression” of the arm’s length principle, thus departing from national law. 
This was considered an error in the application of article 107(1) TFEU.  

However, the Court of Justice clarified that this judgment does not affect the competence of the Commission to 
examine  direct  tax  measures  in  the  context  of  State  aid  rules  and  to  confirm  the  existence  of  a  selective 
advantage, in case all conditions for the presence of State aid pursuant to article 107(1) TFEU are fulfilled.  

4.2.3. Important cases in relation to tax schemes 

The recent case law confirms the method usually applied to assess selectivity in relation to tax 
measures, that is the so-called three-step test: (i) Determination of the reference system; (ii) 
Identification  of  a  derogation  and  (iii)  Justification  by  the  logic  of  the  tax  system,  and 
continues  stressing  the  importance  of  appropriate  motivation  and  correct  definition  of  the 
reference framework as the existence of a selective advantage may be established only when 
compared with ‘normal’ taxation310. This has been confirmed by the following two judgments 
of  the  General  Court  in  relation  to  the  UK  Controlled  Foreign  Company  rules  and  the 
Gibraltar corporate income tax regime. 

UK – General Court judgment on the CFC rules 
On  8  June  2022,  in  joined  cases  T-363/19  and  T-456/19,  the  General  Court  upheld  the  Commission  decision 
regarding  the  UK  Controlled  Foreign  Company  (‘CFC’)  rules.  With  that  decision,  the  Commission  had 
concluded  that  a  particular  chapter  within  the  CFC  rules,  the  Group  Financing  Exemption  (GFE),  provided  a 
selective  advantage  to  UK-based  multinational  companies  holding  subsidiaries  abroad  (CFCs),  which  earn 
income  from  financing  activities.  The  advantage  consisted  of  a  partial  (75%)  or  full  (up  to  100%)  exemption 
from UK tax for financing profits that would otherwise be taxed by virtue of the CFC rules, as they would be 
deemed artificially diverted from the UK to the CFC’s jurisdiction. Profits would be deemed artificially diverted 
if (at least) one of the two criteria was met: (i) UK connected capital (i.e. the profits derived from loans funded 
by UK resources of the parent company); (ii) UK Special People Functions (SPF, i.e. the profits derived from 
loans for which crucial decision-making activities took place in the UK).  

308 Judgment of the Court (Grand Chamber) of 8.11.2022 in Joined Cases C-885/19 P and C-898/19 P, Fiat Chrysler 
Finance Europe v Commission, EU:C:2022:859. 
309  Judgment  of  the  General  Court  of  24.9.2019  in  Cases  T-755/15  and  T-759/15,  Luxembourg  and  Fiat  Chrysler 
Finance Europe v Commission, EU:T:2019:670. 
310  See  Judgments  of  the  Court  of  16.3.2021  in  Cases  C-562/19  P,  Commission  v  Poland,  EU:C:2021:201  and  C-
596/19 P, Commission v Hungary, EU:C:2021:202; see also Judgments of the Court of 6.10.2021 in Case C-50/19 P, 
Sigma Alimentos Exterior SL, EU:C:2021:792; Joined cases C-51/19 and C-64/19 P, World Duty Free Group SA and 
others v Commission, EU:C:2021:793; Case C-52/19 P, Banco Santander SA v Commission, EU:C:2021:794; Joined 
cases C-53/19 P and C-65/19 P, Banco Santander and Santusa v Commission, EU:C:2021:795. 

71 

 
                                                 
The GC upheld the Commission’s definition of the reference framework, which consisted of the UK CFC rules, 
as opposed to the general corporate income tax system. In so doing, the GC referred to the World Duty Free II311 
judgment interpreting and applying the criterion of severability and examining whether the CFC rules had their 
“own legal logic” and whether they constituted a complete, distinct body of rules.  

Second, the  GC analysed the  objective  of the reference framework. The GC accepted that the objective of the 
CFC rules was more specific than merely protecting the UK tax base, in that this protection specifically aimed to 
address artificial diversion of profits from the UK to a CFC.  

Further, the  GC confirmed the Commission’s comparability analysis and concluded that all types of  financing 
income, i.e. those covered by the GFE and those not covered, were in a comparable legal and factual situation in 
the light of the specific objective of the CFC rules.  

Finally,  the  GC  also  agreed  with  the  Commission  that  the  GFE  in  cases  where  SPF  were  in  the  UK  was  not 
justified on the basis of either administrative practicability or the UK’s obligation to comply with the freedom of 
establishment.  On  the  former,  the  GC  found  that  the  UK  did  not  adduce  evidence  to  prove  that  the  SPF  test 
would  be  extremely  burdensome  and  hence  a  simplification  measure  was  necessary  or  proportionate.  On  the 
latter,  the  GC  noted  that  the  identification  of  SPF  and  the  imposition  of  a  proportionate  tax  burden  on  profits 
attributable  to  a  UK  entity  were  in  line  with  the  Cadbury  Schweppes312  case  law  and  therefore  would  not 
constitute an obstacle to the freedom of establishment. 

Gibraltar (UK) – the corporate income tax regime - General Court judgment and new opening decision 
The  judgment  of  the  General  Court  of  6  April  2022  in  Case  T-508/19  (the  ‘Gibraltar’  case)313  relates  to  the 
Commission  decision  of  19  December  2018  (SA.34914)  regarding  two  aspects  of  the  Gibraltar  corporate  tax 
system:  (i)  a  tax  exemption  scheme  for  passive  interest  and  royalty  income  (from  2011  to  2013),  and  (ii) 
individual  aid  to  five  Gibraltar  resident  companies  (including  MJN  Holdings  (Gibraltar)  Limited;  or  ‘MJN 
GibCo’)  through  the  granting  of  tax  rulings  (aid  granted  between  2014  and  2016)  by  the  Gibraltar  tax 
authorities314. 

With its judgment315, the General Court entirely dismissed all grounds of appeal regarding the royalty exemption 
scheme. In particular, although it did not explicitly define the reference tax system, it referred to the objective of 
the  tax  and  found  that  the  Commission  was  correct  to  consider  that  Gibraltar  companies  receiving  royalties 
should  normally  have  been  subject  to  tax  and  that  they  were  in  a  similar  legal  and  factual  situation  as  other 
companies in receipt of income accruing in or derived from Gibraltar. The Court also recalled that the regulatory 
technique used by the national legislator cannot be a decisive factor316 and that defining tax liability positively, 
so  that  only  the  categories  of  income  expressly  listed  in  the  Income  Tax  Act  are  subject  to  tax,  has  the  same 
effects as an express exemption from taxation and therefore that ‘non-taxability’ and ‘exemption’ produce  the 
same  effects.  Accordingly,  the  Court  found  that  the  existence  of  a  ‘schedular  system’  (consisting  in  taxing 
categories of income expressly listed) is, in reality, only the choice of a regulatory technique and not a decisive 

311  Judgments  of  the  Court  of  6.10.2021  in  Case  C-50/19  P,  Sigma  Alimentos  Exterior  SL,  EU:C:2021:792;  Joined 
cases C-51/19 and C-64/19 P, World Duty Free Group SA and others v Commission, EU:C:2021:793;Case C-52/19 P, 
Banco  Santander  SA  v  Commission,  EU:C:2021:794;  Joined  cases  C-53/19  P  and  C-65/19  P,  Banco Santander and 
Santusa v Commission, EU:C:2021:795. 
312  Judgment  of  the  Court  of  Justice  (Grand  Chamber)  of  12.9.2006  in  Case  C-196/04,  Cadbury  Schweppes  plc  and 
Cadbury Schweppes Overseas Ltd v Commissioners of Inland Revenue, EU:C:2006:544. 
313 Judgment of the General Court of 6.4.2022 in Case T-508/19, Mead Johnson Nutrition (Asia Pacific) Pte Ltd and 
Others v Commission , EU:T:2022:217. 
314 The tax rulings at issue involve a similar tax planning scheme, i.e. the setting up of a Dutch limited partnership in 
receipt  of  interest  and  royalty  income  and  the  granting  of  a  tax  exemption  in  Gibraltar  despite  the  legislative 
amendments that brought interest and royalty income with the charge of income taxation (and the fiscally transparent 
nature of Dutch limited partnership). 
315 Judgment of the General Court of the European Union of 6 April 2022 in Case T-508/19, Mead Johnson Nutrition 
(Asia Pacific) and Others v Commission, EU:T:2022:217. 
316  See  Judgment  of  the  Court of Justice of  28.6.2018  in  Case  C-203/16  P,  Dirk  Endres  v Commission,  para. 90-92, 
EU:C:2018:505 and Judgment of the Court of Justice (Grand Chamber) of 15.11.2011 in Joined Cases, C-106/09 P and 
C-107/09 P, Commission and Spain v Government of Gibraltar and United Kingdom, para. 91-93, EU:C:2011:732. 

72 

 
 
                                                 
tax rule for the purposes of analysing the Gibraltar tax regime. 

By contrast, the General Court partially annulled (on procedural grounds) the tax rulings part of the decision in 
so far as it refers to the ruling granted to MJN GibCo. 

Following  that  judgment,  the  Commission  re-examined  the  information  supplied  by  the  UK  authorities  in 
relation to the tax ruling granted to MJN GibCo and decided to extend the formal investigation procedure317 in 
order to cover the income tax treatment (tax exemption) of MJN GibCo from 1 January 2014. Such tax treatment 
relates  to  the  exemption  granted  to  royalty  income  received  by  a  Dutch  limited  partnership,  of  which  MJN 
GibCo was the main shareholder. That exemption resulted from the continued application of a tax ruling granted 
(in 2012) to that company, after, and in spite of, a legislative amendment enacted in 2013 that brought royalty 
income within the charge of taxation (as from 1 January 2014). 

5. 

BASIC INDUSTRIES AND MANUFACTURING  

5.1 Overview of key challenges in the sector 

Making up more than one-fifth of the EU’s economy, manufacturing is a driver of growth and 
innovation  and employs  around 35 million  people, that is  to  say, more than 20% of the EU 
workforce. European businesses active in the sector face substantial challenges in the form of 
energy price increases, trade tensions, the introduction of advanced technologies and the need 
to  adapt  their  practices  to  make  them  climate-friendly.  This  has  been  exacerbated  by  the 
COVID-19  pandemic  and  the  brutal  Russian  invasion  of  Ukraine.  Both  have  negatively 
impacted supply chains, and led to price increases for energy, raw materials and components. 

The RRF and the REPowerEU Plan aim to address these challenges by boosting investment 
during the recovery from the pandemic and the transition to a digitalised and clean economy 
independent of Russian fossil fuels. Enforcing antitrust and merger rules in the manufacturing 
and basic industries sectors facilitates these transformations in the spirit of the single market 
goals, in particular by ensuring that innovation is not hampered and that firms can compete on 
fair and equal terms. Meanwhile, the application of State aid rules ensures that purely national 
interests do not distort competition. 

5.2 Contribution of EU competition policy to tackling the challenges 

5.2.1. Antitrust investigations in basic industries and manufacturing 

Manufacturing  and  consumer  goods  industries  continue  to  represent  a  focal  point  of  the 
Commission’s  enforcement  practice.  In  2022,  the  Commission  continued  its  lines  of  action 
(including  individual  casework,  market  surveillance  and  advocacy)  in  these  sectors.  On  31 
January  2022,  the  Commission  launched  a  formal  investigation  to  assess  whether  fashion 
house Pierre Cardin and its licensee Ahlers had violated EU competition rules by restricting 
parallel  trade  and  sales  of  Pierre  Cardin-licensed  products  to  specific  customers  in  the 
EEA318.  

317  Decision  not  yet  published.  See  European  Commission’s  Daily  News  on  31  October  2022: 
https://ec.europa.eu/commission/presscorner/detail/en/mex_22_6484   
318 See the press release of 31.1.2022: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_682  

73 

 
 
 
                                                 
5.2.2. Merger investigations in basic industries and manufacturing 

In  January  2022,  the  Commission  prohibited  the  acquisition  of  Daewoo  Shipbuilding  & 
Marine Engineering CO., Ltd by Hyundai Heavy Industries Holdings319. Both companies are 
global leaders in the construction of large liquefied gas carriers (‘LLNGCs’), and two of the 
three largest players in this very concentrated market. Following an in-depth investigation, the 
Commission found that the merger would have created a dominant position, reduced choice in 
suppliers and led to higher prices for EEA customers in the global market for the construction 
of  LLNGCs,  which  are  very  sophisticated,  difficult  to  build  and  expensive  vessels.  The 
Commission  preserved  effective  competition  in  the  LLNGC  market  to  the  benefit  of  EEA 
customers, which account for almost 50% of all orders in the past five years, and ultimately of 
EU energy consumers. 

In February 2022, the Commission conditionally approved the proposed merger of Cargotec 
and  Konecranes320.  The  decision  was  conditional  upon  the  divestiture  of  certain  businesses. 
Cargotec and Konecranes are two global leaders of container and cargo handling equipment. 
Port terminal operators, logistics companies and a wide range of industrial players in Europe 
depend on this equipment to lift and carry containers and heavy loads. In the current container 
shipping industry landscape, the Commission needed to make sure that this merger would not 
harm  the  supply  chains  by  further  price  increases.  The  Commission  considered  that  the 
divestitures offered by the two companies would have left customers in Europe with sufficient 
choice  of  port  equipment  and  customers  would  have  continued  to  benefit  from  competitive 
prices  and  a  great  choice  of  technology.  Ultimately,  the  companies  decided  to  abandon  the 
proposed transaction. 

In April 2022, Kingspan Group abandoned its plan to acquire Trimo, which marked the end of 
the Commission’s in-depth investigation into this transaction. Both companies are leaders in 
the market for mineral fibre sandwich panels, which are used for the construction, renovation 
and  insulation  of  a  variety  of  industrial  and  commercial  buildings.  The  Commission’s 
preliminary  findings  had  indicated  that  the  merger  was  likely  to  lead  to  price  increases  for 
mineral fibre sandwich panels in several European countries. Preserving competition for  the 
supply of such energy-saving products is key to achieve the objectives of the European Green 
Deal. 

In  April  2022,  the  acquisition  of  Meggitt  by  Parker,  two  companies  active  in  aerospace 
components,  was  cleared  subject  to  the  divestment  of  Parker’s  aircraft  wheels  and  brakes 
division321.  The  Commission  subsequently  approved  in  July  2022,  the  aerospace  company 
Kaman as the buyer of the divestment business. This divestment will preserve competition in 
the markets for aircraft wheels and brakes, and ensure that aerospace and defence customers 
have  access  to  sufficient  choice  of  suppliers  and  will  continue  benefitting  from  competitive 
prices.  

319 Case M.9343, Hyundai Heavy Industries Holdings / Daewoo Shipbuilding & Marine Engineering.  
320 Case M.10078, Cargotec / Konecranes. 
See: https://ec.europa.eu/competition/mergers/cases1/202231/M_10078_8433511_6645_3.pdf  
321 Case M.10506, Parker / Meggitt, 
see: https://ec.europa.eu/competition/mergers/cases1/202229/M_10506_8413340_1616_3.pdf  

74 

 
                                                 
In April 2022, the Commission opened an in-depth investigation into the proposed acquisition 
of Pfleiderer Polska by Kronospan322. Kronospan and Pfleiderer Polska are among the most 
important  suppliers  of  wood-based  panels  in  Europe,  which  are  important  inputs  for  the 
manufacture  of  furniture.  The  Commission  had  concerns  that  the  merger  would  reduce 
competition for the supply of various types of woodboard panels in Poland and neighbouring 
regions. In November 2022, Kronospan and Pfleiderer decided to terminate their agreement. 
The  abandonment  follows  the  findings  of  the  Commission's  in-depth  investigation  and  the 
failure of Kronospan to submit suitable remedies323.  

In June 2022, the Commission conditionally approved the proposed acquisition of Welbilt by 
Ali Group, two producers of foodservice equipment324. The decision is  conditional upon  Ali 
Group’s  commitments  to  divest  Welbilt’s  entire  global  ice-making  machine  business.  Two 
weeks  after  the  clearance  decision,  the  Commission  approved  Pentair  –  a  provider  of 
commercial water solutions – as the buyer of the divestment business325. 

In  October  2022,  the  Commission  conditionally  approved  the  proposed  acquisition  of 
DuPont’s Mobility and Materials Business by Celanese326. Both companies are active in the 
segment of high-performance plastic materials.  The decision is  conditional upon  Celanese’s 
divestment  of  its  global  thermoplastic  copolyester  market.  Two  weeks  after  the  clearance 
decision, the Commission approved Taro Plast as the buyer of the divestment business.  

In  October  2022,  the  Commission  opened  an  in-depth  investigation  into  the  proposed 
acquisition of Alumetal by Norsk Hydro327. The Commission preliminary concluded that the 
transaction  would  reduce  competition  in  the  production  and  supply  of  aluminium  foundry 
alloys  and  master  alloys  in  Europe,  which  are  essential  to  achieve  Europe’s  objectives  in 
fighting climate change.  

In  October  2022,  the  Commission  conditionally  approved  the  proposed  acquisition  of  Real 
Alloy  Europe  by  KPS328.  KPS's  subsidiary  Speira  produces  recycled  aluminium  while  Real 
Alloy  Europe  provides  recycling  services  for  by-products  from  the  aluminium  recycling 
process, such as dross and salt slag. This transaction could have reduced access to recycling 
services for competing producers of recycled aluminium, which is however critical to achieve 
the  objectives  of  the  circular  economy  and  green  transition.  To  preserve  competition,  the 
Commission’s  decision  is  conditional  upon  KPS’s  divestment  of  Real  Alloy's  recycled 
aluminium  production  and  dross  recycling  facility  in  Swansea  (UK)  as  well  as  its  salt  slag 
recycling plant in Sainte-Menehould (France).  

In October 2022, the Commission conditionally approved the proposed acquisition of Swedish 
Match by Philip Morris International, two suppliers of tobacco and nicotine products329. To 
preserve market access,  the decision is conditional upon the divestment of  Swedish Match’s 

322 See the press release of 5.4.2022: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_2284  
323 See the press release of 30.11.2022: https://ec.europa.eu/commission/presscorner/detail/en/statement_22_7321  
324 See the press release of 17.6.2022: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_3837  
325 Case M.10432, Ali Group / Welbilt.  
326 See the press release of 11.10.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_6114  
327 See the press release of 6.10.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_6013  
328 See the press release of 19.10.2022: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_6274  
329 See the press release of 25.10.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_6372  

75 

 
                                                 
logistics arm, SMD Logistics, which distributes combustible tobacco, smoke-free, and related 
products for Swedish Match and other suppliers in Sweden. 

Finally, also in October 2022, the Commission conditionally approved the acquisition of NTS 
by SalMar330. Both companies are leading producers of salmon, supplying European countries 
out  of  their  farming  operations  in  Norway  and  Iceland.  The  Commission’s  decision  is 
conditional upon SalMar’s commitments to divest Arctic Fish, which constitutes all of NTS’s 
operations  in  Iceland.  This  divestment  will  preserve  choice  and  competitive  prices  for 
Icelandic salmon in Europe.  

6. 

AGRI-FOOD SECTOR 

6.1. Overview of key challenges in the sector 

Even prior to Russia’s invasion of Ukraine in March 2022, the economic recovery of the EU 
agri-food sector from the COVID-19 pandemic was facing challenges as imbalances in supply 
and  demand  of  agricultural  inputs  and  commodities  had  led  to  significant  price  increases. 
While  the  EU  is  largely  self-sufficient  for  food,  with  a  significant  agri-food  trade  surplus, 
there were mounting concerns about food affordability, especially for low-income households 
due to high market prices and inflation331.  

In  2022,  the  Russian  aggression  against  Ukraine  caused  disturbances  in  global  agricultural 
markets,  in  particular  uncertainty  about  the  global  availability  of  grains  and  oilseeds.  It 
exposed  the  EU’s  dependency  on  feed  and  fertiliser  imports,  in  particular  from  Ukraine, 
Russia and Belarus332. Russia and Belarus provide 60% of the EU’s fertilisers333.  

The  rise  in  energy  prices,  resulted  in  a  significant  increase  of  production  costs  for  the  EU 
agri-food  sector.  Energy-intensive  sectors  such  as  the  sugar,  starch  and  the  confectionary 
industry, faced major increases of production costs. Transport costs increased dramatically. In 
March 2022, global food prices were at their highest levels since the introduction of the FAO 
Food Price Index in 1990334.  

6.1.1. Commission actions mitigating the effects of the crisis in the agri-food sector 

In  March  2022,  the  European  Commission  published  a  Communication  outlining  measures 
enhancing food security and supporting EU farmers and consumers, in the light of rising food 
prices  and  input  costs,  such  as  energy  and  fertilisers335.  The  Communication  also  included 
measures to help EU farmers experiencing a liquidity crisis caused by rising fuel and fertiliser 
costs.  State  aid  for  farmers  was  also  available  under  the  Temporary  Crisis  Framework  for 
State aid measures. 

330 See the press release of 31.10.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_6425  
331 See: https://agriculture.ec.europa.eu/system/files/2022-04/short-term-outlook-spring-2022_en_0.pdf  
332 See: https://agriculture.ec.europa.eu/system/files/2022-04/short-term-outlook-spring-2022_en_0.pdf  
333  See:  https://www.fertilizerseurope.com/fertilizers-in-europe/facts-figures/;  Russia  and  Belarus  are  respectively  the 
first and sixth biggest global exporters of fertilisers, representing a total of 20% of global supply. 
334  Food  Price  Index  of  the  Food  and  Agriculture  Organization  of  the  United  Nations  is  the  barometer  that  tracks 
monthly changes in the international prices of five food commodities: cereals, vegetable oils, dairy products, meat, and 
sugar; see: https://www.fao.org/worldfoodsituation/foodpricesindex/en 
335  See:  https://agriculture.ec.europa.eu/system/files/2022-03/safeguarding-food-security-reinforcing-resilience-food-
systems_0.pdf  

76 

 
                                                 
The  EU  fishery,  aquaculture  and  processing  sectors  were  also  directly  affected  by  market 
disruptions.  The  EU  is  not  self-sufficient  for  seafood  and  raw  materials  for  fish  processing. 
The  sharp  rise  of  fuel  prices  made  most  fishing  fleets  unprofitable.  The  fisheries  sector 
benefits  from  some  of  the  crisis  measures  and  State  aid  under  the  Temporary  Crisis 
Framework for State aid measures. 

In November 2022, the European Commission published another Communication on ensuring 
availability and affordability of fertilisers336. The Communication outlines actions to maintain 
a sustainable EU fertilisers' production and reduce dependencies while securing yields. In this 
respect,  the  Temporary  Crisis  Framework  was  amended  for  State  aid  rules  that  enable 
Member  States  to  provide  specific  support  to  fertiliser  producers.  The  Commission 
encourages  also  a  transition  to  greener  fertilisers  and  support  investments  in  renewable 
hydrogen  and  biomethane  for  ammonia  production.  Finally,  the  Commission  reports  that  it 
has reached out to alternative suppliers of fertilisers to compensate for previous supplies from 
Belarus and Russia. 

6.2. EU competition policy’s contribution to tackling the challenges  

As  stressed  by  the  Commission  and  NCAs  in  the  Joint  statement  by  the  European 
Competition  Network  on  the  application  of  competition  law  in  the  context  of  the  war  in 
Ukraine of March, 2022337, it is of utmost importance to ensure that essential products such as 
food and raw materials remain available at competitive prices and that the current crisis is not 
used to undermine competition between companies. 

6.2.1. Investigations into protectionist agreements 

In  2022,  the  Commission,  in  coordination  with  NCAs,  continued  investigating  a  number  of 
possibly anti-competitive protectionist agreements concluded between supermarket chains or 
between  operators  along  the  supply  chain.  Such  agreements  give  preference  to  domestic 
products  and  are  thus  likely  to  infringe  Article  101  TFEU.  This  preference  is  sometimes 
linked  to  the  promotion  of  “local  food”,  and  to  alleged  environmental  goals  linked  to  the 
consumption  of  local  products.  If  the  applicable  notion  of  “local  food”  is  not  based  on 
objective  characteristics  or  real  environmental  benefits,  it  may  in  practice  correspond  to 
national  products.  This  would  introduce  discrimination  based  on  nationality,  infringing  the 
fundamental  principles  of  the  Single  Market.  As  a  result  of  these  investigations,  the 
companies  concerned  terminated  these  agreements  or  modified  them  to  address  the 
competition concerns.  

6.2.2. Investigations of international retail alliances 

Retail alliances are groups of independent retailers, retail chains or retailer groups that  form 
alliances  to  jointly  negotiate  better  purchase  terms  with  their  suppliers  increasing  their 
collective  bargaining  power.  Retail  alliances  are  a  form  of  joint  purchasing  agreements 
assessed  in  line  with  Chapter  5  of  the  Horizontal  Guidelines  (currently  under  revision)338. 

336 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_6564  
337 See: https://competition-policy.ec.europa.eu/system/files/2022-03/202203_joint-statement_ecn_ukraine-war.pdf  
338 Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal 
co-operation agreements, (2011/C 11/01), paras 194 et seq. 

77 

 
                                                 
Retail  alliances  can  be  pro-competitive  if  they  counterbalance  the  market  power  of  large 
suppliers  and  if  the  alliance  members  transfer  the  benefits  of  the  better  conditions  to  end 
consumers. However, retail alliances may be anticompetitive, if they lead to increased prices 
or if they reduce output, product quality, product variety or innovation. They may also lead to 
market  sharing  or  anti-competitive  foreclosure  of  other  purchasers339.  In  general,  joint 
purchasing arrangements are less likely to give rise to competition concerns when the parties 
do not have market power on the selling markets340.   

In 2022, the Commission investigated three international alliances in the retail sector. These 
are alliances of retailers that do not operate in the same national markets, but jointly negotiate 
better purchasing conditions from their  suppliers. The Commission investigated whether the 
collective negotiation of purchasing conditions and coordinated temporary stopping of orders 
to suppliers infringe Article 101 TFEU. 

6.2.3.  Investigation  into  possible  restrictions  of  parallel  trade  in  markets  for 

chocolate, biscuits and coffee products 

In 2022, the Commission continued its own-initiative  investigation into possible restrictions 
by Mondelez of parallel trade in the markets for chocolate, biscuits and coffee products341. 

6.2.4. Investigation into possible market sharing agreement in the markets for online 

ordering and delivery of food and groceries 

In  2022,  the  Commission  carried  out  inspections  in  the  market  for  online  ordering  and 
delivery  of  food,  groceries  and  other  consumer  goods.  The  Commission  is  investigating  a 
possible agreement or concerted practice sharing geographical markets in the EU342. 

6.2.5. Investigation into practices possibly foreclosing markets in the drinks sector 

The  Commission  investigated  potentially  anti-competitive  practices  by  The  Coca-Cola 
Company  and  its  bottlers,  Coca-Cola  Europacific  Partners  and  Coca-Cola  Hellenic.  The 
Commission  had  concerns  that  Coca-Cola  and  its  bottlers  had  granted  loyalty-inducing 
rebates  to  grocery  retailers  in  a  number  of  Member  States  (in  particular,  France,  Germany, 
Italy and Spain) where the Coca-Cola Company and its bottlers may have a dominant market 
position.  

6.2.6. Antitrust derogation for sustainability agreements in the agricultural sector 

As  a  result  of  the  recent  reform  of  the  Common  Agricultural  Policy  (‘CAP’)  for  the  period 
2023-2027,  the  Commission  will  publish  guidelines  at  the  latest  in  December  2023  on  the 
application  of  Article  210a  of  Regulation  (EU)  No  1308/2013  (CMO  Regulation).  Article 
210a  allows  agricultural  producers  and  other  operators  in  the  agri-food  supply  chain  to 
implement sustainability standards that go beyond what is currently required by existing EU 
and  national  legislation  provided  that  the  higher  standards  pursue  certain  sustainability 
objectives  (environmental,  reduced  use  of  pesticides  and  antimicrobials,  animal  health,  or 
animal welfare).  

339 Horizontal Guidelines, para 200. 
340 Horizontal Guidelines, para 204. 
341 See the press release of 28.1.2021: https://ec.europa.eu/commission/presscorner/detail/en/IP_21_281  
342 See the press release of 6.7.2022: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_4345  

78 

 
                                                 
Article 210a provides an exclusion from the scope of application of Article 101(1) TFEU for 
sustainability  agreements,  provided  that  any  restrictions  of  competition  in  those  agreements 
are indispensable for attaining the sustainability standard in question. 

In  2022,  the  Commission  carried  out  a  public  consultation  to  collect  the  experience  and 
suggestions  of  stakeholders343.  The  new  sustainability  derogation  allows  operators  in  the 
agricultural and food value chain to contribute to sustainability objectives set out for example 
in the EU Farm to Fork Strategy and the EU Biodiversity Strategy.   

6.2.7.  The  application  of  the  EU  State  aid  rules  in  the  agricultural  and  fisheries 

sectors 

In  2022,  the  Commission  continued  to  revise  the  State  Aid  rules  for  agriculture,  forestry, 
fisheries  and  aquaculture,  taking  into  account  the  evaluation  carried  out  in  2021  which 
showed that the rules meet their objectives and remain broadly fit for purpose. However, they 
needed certain targeted revisions, such as clarifying certain concepts, further streamlining and 
simplification, as well as adjustments to reflect the main priorities of the EU, for example the 
European Green Deal and Farm to Fork Strategy. Moreover, the rules needed to be adapted to 
the  new  CAP  and  the  European  Maritime,  Fisheries  and  Aquaculture  Fund  (‘EMFAF’344) 
created in 2021. 

In  the  agricultural  sector,  the  revision  covered  the  Block  Exemption  Regulation  in  the 
Agricultural  and  Forestry  Sector  and  Rural  Areas  (‘ABER’)345  and  the  Guidelines  for  State 
aid in the agricultural and forestry sectors and in rural areas 2014  - 2020346, replaced by the 
revised Agricultural Block Exemption Regulation347 and the new Guidelines for State aid to 
the agricultural and forestry sectors and in rural areas348. 
Concerning the existing agricultural de minimis Regulation No. 1408/2013349, which applies 
only  to  the  primary  production  of  agricultural  products,  the  Commission  adopted  in  2022  a 
modification  as  a  consequence  of  the  United  Kingdom  leaving  the  EU350.  The  revision 

343 See the press release of 28.2.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_1352  
344  Regulation  (EU)  2021/1139  of  the  European  Parliament  and  of  the  Council  of  7  July  2021  establishing  the 
European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004, OJ L 247, 13.7.2021, 
p. 1. 
345 Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain categories of aid in the agricultural 
and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the 
Treaty on the Functioning of the European Union, OJ L 193, 1.7.2014, p. 1. 
346 European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 – 2020, OJ 
C 204, 1.7.2014, p. 1. 
347  Commission  Regulation  (EU)  2022/2472  of  14  December  2022  declaring  certain  categories  of  aid  in  the 
agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 
and 108 of the Treaty on the Functioning of the European Union, OJ L 327, 21.12.2022, p. 1. 
348 Communication from the Commission, Guidelines for State aid in the agricultural and forestry sectors and in rural 
areas (2022/C 485/01), OJ C 485, 21.12.2022, p. 1. 
349 Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of 
the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector, OJ L 352, 24.12.2013, 
p. 9. 
350  Commission  Regulation  (EU)  2022/2046  of  24  October  2022  amending  the  Annexes  to  Regulation  (EU)  No 
1408/2013  as  regards  their  adaptation  to  reflect  the  provisions  of  the  Agreement  on  the  withdrawal  of  the  United 
Kingdom  of  Great  Britain  and  Northern  Ireland  from  the  European  Union  and  the  European  Atomic  Energy 
Community and its Protocol on Ireland/Northern Ireland, OJ L 275, 25.10.2022, p. 55. 

79 

 
                                                 
concerned  the  annexes  to  the  Regulation  containing  national  caps  to  the  amounts  Member 
States are allowed to spend as de minimis aid in the agricultural sector. 

In the fisheries sector, the revision covered three legal instruments. First, the existing Block 
exemption regulation in the fishery and aquaculture sectors (‘FIBER’)351, was replaced by a 
new block exemption regulation352. Second, the Commission endorsed the English version of 
the new State aid Guidelines353 which will replace the Guidelines for the examination of State 
aid to the fishery and aquaculture sector354. Third, the de minimis Regulation No. 717/2014355, 
which  applies  to  the  production,  processing  and  marketing  of  fishery  and  aquaculture 
products, was prolonged by one year356. 

In 2022, Member States adopted  544 measures under the ABER  and  137  under the FIBER. 
During the same period, Member States notified to the Commission 102 measures under the 
Agriculture Guidelines and 32 under the Fisheries Guidelines. 

6.2.8.  Mitigating  the  negative  effects  in  the  agriculture  and  fisheries  sectors  of  the 

coronavirus pandemic and Russia’s invasion of Ukraine 

As  regards  the  coronavirus  pandemic,  in  2022,  most  of  the  State  aid  to  farmers  and  fishers 
was granted as limited aid amounts below the maximum amounts allowed in the Temporary 
Framework for State aid measures. For the agricultural sector, the aid ceiling was initially set 
at EUR 100.000 and subsequently raised to EUR 290.000 and for the fishery sector it was for 
first set at EUR 120.000 then raised to EUR 345.000.  

Under the Temporary Crisis Framework, Member States mainly granted State aid to farmers 
and  fishers  as  limited  amounts  of  aid.  Undertakings  in  the  agricultural  sector  were  able  to 
receive  a  maximum  amount  of  EUR  35.000,  increased  to  EUR  62.000  and  then  to  EUR 
250.000.  For  fishers  the  maximum  amount  was  first  set  at  EUR  35.000,  increased  to  EUR 
75.000 and then to EUR 300.000. 

In March 2022 the Commission adopted a Communication on food security and resilience of 
food  systems357.  Among  the  measures  supporting  farmers  most  affected  by  the  crisis,  the 
Commission allocated a EUR 500 million crisis reserve. Member States could use these funds 

351  Commission  Regulation  (EU)  No  1388/2014  of  16  December  2014  declaring  certain  categories  of  aid  to 
undertakings active in the production, processing and marketing of fishery and aquaculture products compatible with 
the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union, OJ 
L 369, 24.12.2014, p. 37. 
352 Commission Regulation (EU) 2022/2473 of 14 December 2022 declaring certain categories of aid to undertakings 
active  in  the  production, processing  and  marketing  of  fishery  and  aquaculture  products  compatible  with  the  internal 
market  in  application  of  Articles  107  and  108  of  the  Treaty  on  the  Functioning  of  the  European  Union,  OJ  L  327, 
21.12.2022, p. 82. 
353 Communication to the Commission, Approval of the content of a draft for a Communication from the Commission 
on the Guidelines for State aid in the fishery and aquaculture sector, C(2022) 8995 final of 14.12.2022. 
354 Communication from the Commission — Guidelines for the examination of State aid to the fishery and aquaculture 
sector, OJ C 217, 2.7.2015, p. 1. 
355  Commission  Regulation  (EU)  No  717/2014  of  27  June  2014  on  the  application  of  Articles  107  and  108  of  the 
Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector, OJ L 190, 
28.6.2014, p. 45. 
356 See the press release of 14.12.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7670  
357  Communication  form  the  Commission  to  the  European  Parliament,  the  European  Council,  the  Council,  the 
European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions,  Safeguarding  food  security  and 
reinforcing the resilience of food systems, COM(2022) 133 final, 23.3.2022.  

80 

 
                                                 
to  compensate  farmers  for  increased  input  costs  and  additional  trade  restrictions  in  order  to 
contribute to global food security.  

7. 

PHARMACEUTICAL AND HEALTH SERVICES SECTORS  

7.1 Overview  

The access of patients to safe, effective and affordable medicines forms one of the pillars of 
the Commission’s Pharmaceutical Strategy for Europe358. Contributing to these objectives, the 
Commission and the NCAs have continued to vigorously enforce EU competition rules in the 
pharmaceutical and healthcare sectors in 2022. Such enforcement complements the regulatory 
frameworks  in  these  sectors359,  and  fosters  both  dynamic  competition,  which  leads  to  more 
innovative  medicines,  and  effective  price  competition,  which  in  turn  contributes  to  more 
affordable and accessible medicines and treatments.   

7.2 Contribution of EU competition policy  

7.2.1. Antitrust enforcement in the pharmaceutical sector 

On 10 October 2022, the Commission sent a Statement of Objections to  Teva presenting its 
preliminary view that the company has breached EU antitrust rules by engaging in practices 
intended  to  delay  competition  to  its  blockbuster  multiple  sclerosis  medicine,  Copaxone.  In 
particular,  the  Commission  preliminarily  found  that  since  February  2015  until  today  Teva 
misused  patent  procedures  and  engaged  in  exclusionary  disparagement  of  competitors  to 
foreclose  price  competition  following  the  expiry  of  the  primary  patent  for  Copaxone.  First, 
the  Commission  preliminarily  concluded  that,  after  the  original,  basic  patent  expired,  Teva 
created  multiple  divisional  patents  with  overlapping  content,  intentionally  staggered  their 
filing  and  repeatedly  and  strategically  withdrew  them  to  avoid  a  reasoned  decision  on  their 
validity.  Teva  thus  may  have  obstructed  effective  legal  review  and  prolonged  legal 
uncertainty concerning its remaining patents (a conduct called in the industry the ‘divisionals 
game’),  all  while  aggressively  enforcing  these  patents  against  a  competitor.  Second,  the 
Commission  also  preliminarily  found  that  Teva  implemented  a  systematic  disparagement 
campaign, targeting healthcare professionals and casting doubts about the safety and efficacy 
of a competing glatiramer acetate medicine and its therapeutic equivalence with Copaxone360. 

In  addition,  on  20  June,  the  Commission  opened  a  formal  antitrust  investigation  to  assess 
whether  Vifor  Pharma  has  restricted  competition  by  illegally  disparaging  its  closest  –  and 
potentially  only  –  competitor  in  Europe,  Pharmacosmos,  and  thus  hindered  competition 
against  Vifor  Pharma’s  blockbuster  high-dose  intravenous  iron  treatment  medicine, 
Ferinject361. 

358 Communication from the Commission to the European Parliament, the Council, the European Economic and Social 
Committee and the Committee of the Regions Pharmaceutical Strategy for Europe COM (2020) 761 final 25.11.2020.   
359  The Commission is currently in the process of revising the EU’s general legislation on medicines for human use 
(see https://ec.europa.eu/commission/presscorner/detail/en/ip_21_4882) as well as the EU's legislation on orphan and 
paediatric  medicines 
see 
people  with 
https://health.ec.europa.eu/medicinal-products/medicines-children/evaluation-medicines-rare-diseases-and-children-
legislation_en). 
360 Case AT.40577, Teva Copaxone. See: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_6062  
361 Case AT.40577, Vifor (IV iron products). See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_3882    

(medicines 

children; 

diseases 

rare 

and 

for 

for 

81 

 
                                                 
The Commission is also examining allegations that Novartis is using patent-litigation tactics 
to stifle competition in the market for innovative biologic medicines for a skin condition, and 
has addressed a formal information request to Novartis. The Commission is cooperating with 
the  Swiss  Competition  Commission,  which  conducted  unannounced  inspections  at  the 
Novartis’  premises  on  13  September  2022.  This  cooperation  is  based  on  the  Agreement 
between  the  European  Union  and  the  Swiss  Confederation  concerning  cooperation  on  the 
application of their competition laws362.  

Finally,  after  completing  an  inspection  in  the  animal  health  sector363,  the  Commission 
continues its preliminary investigation into the case.  

7.2.2. Merger review in the pharmaceutical sector  

The Commission continued to ensure that concentrations in the pharmaceutical sector do not 
lead to consumers paying higher prices, having less choice or reduced innovation. 

On  6  September  2022,  the  Commission  prohibited,  under  the  EU  Merger  Regulation,  the 
implemented  acquisition  of  GRAIL  by  Illumina364.  It  found  that  the  merger  would  stifle 
innovation, and reduce choice in the emerging market for blood-based early cancer detection 
tests.  The  remedies  offered  by  Illumina  were  not  found  to  be  sufficient  to  address  these 
concerns. 

This  decision  constitutes  the  culmination  of  the  Commission’s  in-depth  investigation  of  the 
merger, opened on 22 July 2021, which led to the vertical integration of Illumina, a significant 
supplier  of  next  generation  sequencing  systems  (“NGS”)  for  genetic  and  genomic  analysis, 
with  GRAIL,  a  customer  of  Illumina  using  NGS  systems  to  develop  cancer  detection  tests. 
These tests use a simple blood sample to detect different cancers in asymptomatic patients at 
an  early  stage  and  have  the  potential  to  be  a  game  changer  in  the  fight  against  cancer.  The 
acquisition  would  enable  and  incentivise  Illumina  to  foreclose  GRAIL's  rivals,  who  are 
dependent  on  Illumina's  technology,  from  access  to  an  essential  input  they  need  to  develop 
and  market  their  own  tests.  As  a  result,  GRAIL's  competitors  would  be  placed  in  a 
disadvantaged position compared to GRAIL. 

Pending  the  Commission's  review,  in  August  2021,  Illumina  completed  its  acquisition  of 
GRAIL. In response to this premature closing of the transaction while the  Commission’s in-
depth investigation was pending, the Commission opened an investigation to assess whether 
Illumina  breached  the  standstill  obligation,  in  violation  of  Article  7  of  the  EU  Merger 
Regulation. Moreover, on 29 October 2021 the Commission put in place interim measures to 
restore  and  maintain  the  conditions  of  effective  competition  for  a  duration  of  12  months, 

362 OJ L 347, 3.12.2014, p. 3. 
363 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_5543 
364 Case M.10188 – Illumina/GRAIL; see: 
https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=2_M_10188; on 17.11.2022, an action for 
the annulment of the Commission decision prohibiting the acquisition was brought by Illumina before the General 
Court, Case T-709/22. 

82 

 
 
                                                 
namely  ordering  to  hold  GRAIL  separate  from  Illumina365.  On  28  October  2022,  the 
Commission  issued  a  new  decision,  renewing  and  reinforcing  the  existing  interim 
measures366. These measures are legally binding on both Illumina and GRAIL and will remain 
applicable until the Commission notifies any possible decision under Article 8(4) of the EU 
Merger  Regulation,  ordering  the  dissolution  of  the  concentration  or  other  appropriate 
measures.  

In December 2022, the European Commission sent a Statement of Objections to Illumina and 
GRAIL informing them of the restorative measures it intends to adopt under the EU Merger 
Regulation,  following the Commission's decision to  prohibit the implemented acquisition of 
GRAIL by  Illumina367. Given that  Illumina had already  completed its acquisition  of  GRAIL, 
the envisaged restorative measures foresee that Illumina has to unwind the acquisition to give 
the Commission's prohibition decision its full effect. 

On  13  July  2022,  the  General  Court  dismissed  Illumina’s  action  against  the  Commission’s 
referral decisions of 19 April 2021, by which Illumina called into question the Commission’s 
jurisdiction  to  examine  the  impact  of  the  transaction  due  to  the  lack  of  notifiability  of  the 
transaction in any EU Member State368.  

The  impact  of  this  judgment  is  very  significant,  as  the  General  Court  confirmed,  inter  alia, 
that transactions subject to Article 22 of the EU Merger Regulation do not need to fall within 
the  scope  of  the  merger  control  rules  of  the  Member  State  requesting  the  referral.  The 
judgment of the General Court is currently under appeal before the Court of Justice369.  

The Commission reviewed several other transactions in the pharmaceutical sector, certain of 
which were cleared under the simplified procedure, whereas three transactions were  cleared 
unconditionally following a Phase I market investigation370. 

7.2.3. State aid action in the health services sector 

The Commission concluded the evaluation of the State aid rules for health and social Services 
of General Economic Interest (SGEI) and the SGEI de minimis Regulation that was launched 
in  2019371.  On  1  December  2022,  the  Commission  published  a  Staff  Working  Document372 

of 

Decision 

M.10938, 

28.10.2022. 

Commission 

365  On  7  January  and  11  January  2022,  Illumina  and  GRAIL  appealed  the  Commission  decision  to  adopt  interim 
measures  before  the  General  Court,  in  cases  T-755/21,  Illumina  v  Commission  and  T-22/23,  GRAIL  v  Commission, 
respectively.  
366 
Illumina/GRAIL; 
Case 
https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=2_M_10938  
367 See the press release of 5.12.2022: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7403  
368 Judgment of the General Court of 13.7.2022, T-227/21, Illumina inc. v European Commission, EU:T:2022:447. 
369  Appeal  brought  by  Illumina  on  22.09.2022  in  case  C-611/22  P,  Illumina  v  Commission  and  by  GRAIL  on 
30.09.2022, in case C-625/22 P, Grail v Commission and Illumina. 
370 Case M. 10749 – PAI Partners / The Carlyle Group / Theramex, Commission Decision of 12.07.2022. See: 
https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=2_M_10749; Case M.10680 – Permira / 
Sestant / Kedrion / BPL, Commission Decision of 5.08.2022. See: 
https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=2_M_10680; and M.10629 – CSL / Vifor 
Pharma, Commission Decision of 27.09.2022.  
See: https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=2_M_10629  
371 See: https://ec.europa.eu/competition-policy/system/files/2021-09/kd0621047enn_SGEI_evaluation.pdf 
372  See:  https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/11835-State-subsidy-rules-for-health-
and-social-services-of-general-economic-interest-evaluation-_en   

See: 

83 

 
                                                 
with  the  outcome  of  the  evaluation,  detailing  and  analysing  the  results,  taking  into 
consideration  the  latest  market  developments,  the  jurisprudence  of  the  EU  Courts  and  the 
Commission’s  case  practice.  The  Commission  will  further  reflect  on  the  basis  of  the 
evaluation’s results on the need and opportunity to update the relevant State aid rules.  

On  31  March  2022,  the  Commission  approved  the  prolongation  and  modification  of  an 
existing  Irish  risk  equalisation  scheme  to  compensate  insurers  for  the  provision  of  private 
medical  insurances373.  Under  the  scheme,  private  health  insurers  whose  customers  have  a 
higher risk profile than the market average, obtain payments from a Risk Equalisation Fund, 
financed via a duty imposed on all private health insurers. The existing scheme, first approved 
in  2003  and  prolonged  four  times,  was  set  to  expire  on  31  March  2022.  The  scheme  was 
prolonged  until  31  March  2027  with  a  number  of  modifications,  including  in  particular  the 
introduction  of  a  ‘high  cost  claims  pool’  to  reimburse  certain  claims.  The  Commission 
assessed  the  proposed  modifications  under  the  EU  State  aid  rules,  in  particular  the  EU 
framework for State aid in the form of public service compensation374.  

On  11  May  2022,  the  Commission  approved  a  EUR  5  million  grant  scheme  to  support 
Helicopter Emergency Medical Service charity operators in  Ireland affected by the COVID-
19  pandemic375.  The  scheme  aimed  at  ensuring  the  operation  of  a  vital  emergency  medical 
service in Ireland, by mitigating the liquidity shortages faced by the beneficiaries. The scheme 
was approved under the Temporary Framework for State aid measures.   

8. 

TRANSPORT, TOURISM, AND POSTAL SERVICES 

8.1 Overview  

The  transport,  tourism,  and  postal  services  sectors  play  a  key  role  in  the  EU  economy.  In 
particular, transport is the key to both an integrated internal market and to an open economy 
integrated into the world economy. The tourism industry accounts for approximately 10% of 
the EU’s GDP and is therefore a vital part of its economy. Postal services continue to have a 
significant economic and social value, not least because they are also active on other markets, 
in particular parcel delivery.  

8.2 Contribution of EU competition policy 

8.2.1. State aid to the aviation sector 

The aviation sector has been hit hard by the COVID-19 pandemic and a full recovery is not 
expected before 2024. In that context, the Commission continued to enable Member States to 
use  the  full  flexibility  provided  under  State  aid  rules  to  support  companies  active  in  the 
aviation sector.  

In  2022,  the  Commission  approved  17  aid  measures  allowing  State  aid  in  favour  of 
undertakings  active  in  the  aviation  sector,  to  help  address  their  liquidity  and  capital  needs 
brought  about  by  the  COVID-19  pandemic.  These  aid  measures  were  generally  approved 

373 Case SA.64337, Ireland - Risk Equalisation Scheme 2022.  
374  Communication  from  the  Commission  —  European  Union framework  for  State  aid  in  the form  of public  service 
compensation (2011), OJ C 8, 11.1.2012, p. 15. 
375 Case SA.102557, Ireland - COVID-19: Support to Helicopter Emergency Medical Services (HEMS).  

84 

 
                                                 
under  the  Temporary  Framework  for  State  aid  measures  or  Article  107(2)(b)  TFEU.  A  few 
notable examples are presented below:  

On  10  February  2022,  the  Commission  approved  a  EUR  48.62  million  contribution  from 
Finland in  the form of a hybrid loan to  Finnair376. The Commission  noted that  Finnair had 
suffered  substantial  operating  losses  because  of  the  COVID-19  pandemic,  in  particular 
because of the travel restrictions that Finland and other countries imposed to limit the spread 
of the COVID-19 pandemic. 

In  May  2022,  the  Commission  approved  two  Latvian  aid  measures  in  the  form  of  capital 
injections  in  favour  of  airBaltic.  The  first  decision  approved  an  aid  measure  of  EUR  11.6 
million  to  compensate  the  damage  airBaltic  suffered  due  to  the  COVID-19  pandemic  as  a 
direct  result of the travel  restrictions377. The measure was approved under  Article 107(2)(b) 
TFEU. The second decision approved a capital injection of EUR 33.4 million378, since it was 
in line with the conditions set out in the Temporary Framework for State aid measures. 

On  27  June  2022,  the  Commission  approved  a  EUR  12  million  aid  to  compensate  Malta 
International  Airport  plc.  for  the  damage  suffered  due  to  the  COVID-19  pandemic  and  the 
travel  restrictions that Malta and other countries imposed to  limit  the spread of the virus379. 
The aid took the form of a tax credit and was approved under Article 107(2)(b) TFEU. 

In addition, the Commission continued to apply the 2014 Guidelines on State aid to airports 
and airlines (‘2014 Aviation Guidelines’)380. In 2022, several final decisions were adopted on 
long-standing  investigations  into  aid  to  airports  and  airlines.  On  26  July  2022,  the 
Commission  approved  several  French  measures  in  favour  of  Beauvais  and  La  Rochelle 
airports and ordered the recovery of EUR 8.5 million in incompatible aid from two airlines in 
relation to their activities at La Rochelle airport381. 

Furthermore,  the  Commission  adopted  several  decisions  in  cases  involving  start-up  aid  to 
airlines. The Commission approved a EUR 2.7 million start-up aid to support the reopening of 
a route from Pierrefonds airport on the Reunion Island, an ultra-peripheral region in France, to 
Mauritius382. The route was closed in March 2020 in the context of the COVID-19 pandemic 
and had not been operated since then. The Commission also approved the prolongation of a 
start-up aid scheme for routes from the Italian airport of Ancona383 and the reintroduction of a 
start-up aid scheme for routes from the Canary Islands384. 

376 Case SA.63668, Finland – COVID-19 Hybrid loan to Finnair II. 
377 Case SA.101755, Latvia – COVID-19: Damage compensation to airBaltic. 
378 Case SA.63604, Latvia – COVID-19: Second Recapitalisation of airBaltic. 
379 Case SA.102240, Malta – COVID-19 Damage compensation to Malta International Airport plc. 
380 Communication from the Commission, Guidelines on State aid to airports and airlines, OJ C 99, 4.4.2014, p. 3. 
381 Case SA.26494, France – Aéroport de La Rochelle and Case SA.33960, France – Aéroport de Beauvais. 
382 Case SA.102756, France – Aide au démarrage à une compagnie aérienne pour une liaison au départ de l’aéroport 
Pierrefonds. 
383 Case SA.101586, Italy – Prolongation and increase of budget of start-up aid scheme to new  routes from Ancona 
airport (SA.57002). 
384 Case SA.100802, Spain – Reintroduction of a start-up aid scheme to airlines operating from the Canary Islands. 

85 

 
                                                 
On  18  January  2022,  the  Commission  also  approved  the  grant  of  a  EUR  20  million  rescue 
loan  in  favour  of  the  Air  Austral385.  This  decision  finds  that  the  rescue  loan  fulfils  all 
conditions  of  the  Guidelines  on  State  aid  for  rescuing  and  restructuring  non-financial 
undertakings in difficulty386.  

8.2.2.  Possible  prolongation  of  the  transitional  period  for  operating  aid  to  regional 

airports under the 2014 Aviation Guidelines  

The 2014  Aviation  Guidelines include a transitional period (expiring in  April 2024), during 
which operating aid to airports with less than 3 million passengers a year can be allowed. The 
COVID-19  pandemic,  particularly  the  resulting  travel  restrictions  and  other  containment 
measures, heavily affected the aviation sector and resulted in a sharp decrease in traffic at EU 
airports.  As  a  result,  by  the  end  of  the  transitional  period,  regional  airports  that  would 
otherwise  have  been  at  least  breaking  even  may  not  find  themselves  in  such  a  position. 
Therefore, if the transitional period remains unchanged, more regional airports than expected 
could  close  under  normal  market  conditions.  This  could  have  negative  consequences  for 
connectivity  in  the  EU.  To  address  this  situation,  in  June  2022  the  Commission  launched  a 
public call for evidence to consult stakeholders on a possible prolongation of the transitional 
period387.   

8.2.3. Selected Court Judgments in aviation aid cases 

On  22  June  2022,  the  General  Court  upheld  the  Commission’s  decision  approving  a 
recapitalisation measure (EUR 286 million) granted by Finland in favour of Finnair388. As the 
majority  shareholder,  Finland  planned  to  subscribe,  on  a  pro  rata  basis  in  proportion  to  its 
existing  shareholding,  to  the  new  shares  that  were  being  offered  to  all  of  Finnair’s 
shareholders.  

The  General  Court  found  that  the  Commission  did  not  infringe  the  principles  of  equal 
treatment,  legal  certainty  and  the  protection  of  legitimate  expectations  by  waiving  the 
application  of  certain  requirements  provided  under  the  Temporary  Framework  for  State  aid 
measures389 and confirmed the Commission decision in its entirety.  

On 17 November 2022, the Court of Justice set aside the two earlier judgments of the General 
Court  which  had  dismissed  the  actions  of  Volotea  and  easyJet  against  the  decision  of  the 
Commission concerning State aid granted by Italy to Sardinian airports390. It also annulled the 
decision  to  the  extent  that  it  concerns  Volotea  and  easyJet,  since  the  Commission  did  not 
establish the existence of an advantage conferred on those two airlines by applying the market 
economy  operator  principle  and  that  the  General  Court  incorrectly  found  that  the  market 

385 Case SA.100758, France – Aide au sauvetage d’Air Austral. 
386  Communication  from  the  Commission  —  Guidelines  on  State  aid  for  rescuing  and  restructuring  non-financial 
undertakings in difficulty, OJ C 249, 31.7.2014, p. 1.  
387 See: Aviation guidelines – prolongation of operating aid to regional airports (COVID-19 response) (europa.eu) 
388  Judgment  of  the  General  Court  of  22.6.2022  in  Case  T-657/20,  Ryanair  v  Commission,  EU:T:2022:390.  The 
judgment is under appeal. 
389 Judgment of the General Court of 22.6.2022, T-657/20, Ryanair v Commission, EU:T:2022:390, paragraph 102. 
390 Judgment of the Court of Justice of 17.11.2022, Joined Cases C-331/20 P and C-343/20 P, Volotea v Commission, 
EU:C:2022:886. 

86 

 
                                                 
economy operator principle was not applicable because the region had pursued public policy 
objectives  and  acted  through  the  intermediary  of  airport  operators  which  were  private 
undertakings.  Furthermore,  the  General  Court  erred  in  law  by  holding  that  Volotea  and 
easyJet  had  to  be  regarded  as  having  benefited  from  an  advantage  on  the  ground  that  the 
remuneration paid to them under the contracts that they had concluded with the operators of 
Cagliari-Elmas  and  Olbia  airports  did  not  constitute  consideration  for  services  that  met 
genuine  needs  for  the  region  and  because  those  contracts  had  in  addition  been  concluded 
without the implementation of a tender procedure. 

8.2.4.  Monitoring  and  evaluation  of  the  antitrust  rules  applicable  to  the  maritime 

sector 

In 2022, the Commission continued its close monitoring of the liner shipping sector, which set 
the groundwork for the evaluation of the EU legal framework exempting certain cooperation 
agreements  between  shipping  lines  from  EU  antitrust  rules  (Consortia  Block  Exemption 
Regulation or CBER391).   

The  CBER  is  due  to  expire  on  25  April  2024.  The  Commission  needs  to  carry  out  an 
evaluation of the CBER before its expiry date. On 9 August 2022, the Commission published 
a  call  for  evidence  inviting  feedback  on  the  performance  of  the  CBER  since  2020392.  The 
Commission  also  sent  targeted  questionnaires  to  interested  parties  in  the  maritime  liner 
shipping  supply  chain,  i.e.  carriers,  shippers  and  freight  forwarders,  port  and  terminal 
operators, on the impact of consortia as well as of the CBER on their operations since 2020. 

The  Commission  uses  the  feedback  collected  through  the  call  for  evidence  and  targeted 
questionnaires  to  complement  the  evidence  collected  as  part  of  its  sectoral  monitoring 
activities,  notably  the  responses  of  carriers  to  the  fact-finding  questionnaires  sent  in 
December  2021  on  the  effects  of  the  coronavirus  pandemic  on  their  operations  and  on  the 
maritime supply chain.  

The Commission will summarise the results of the evaluation in a Staff Working Document to 
be  published  in  the  first  quarter  of  2023.  The  evaluation  will  inform  the  Commission’s 
decision whether to further extend the CBER or not.  

8.2.5. State aid enforcement in the maritime transport sector 

The  competitiveness  of  the  maritime  transport  sector  is  important  for  a  well-functioning 
Single  Market  in  light  of  the  beneficial  spill-over  effects  for  other  sectors  in  a  European 
maritime economy that is more and more integrated in the global markets. 

In  2022,  the  Commission  approved  a  number  of  State  aid  schemes  on  the  basis  of  Article 
107(3)(c)  TFEU,  as  interpreted  by  the  Maritime  Guidelines393.  On  23  January  2022,  the 
Commission  adopted  a  positive  decision  concerning  certain  amendments  to  a  Danish 

391 Commission Regulation (EC) No 906/2009 of 28 September 2009 on the application of Article 81(3) of the Treaty 
to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia), 
OJ L 256, 29.9.2009, p. 31. 
392 See: EU competition law – evaluation of the Consortia Block Exemption Regulation (europa.eu) 
393  Commission  Communication  C(2004)43  -  Community  guidelines  on  State  aid  to  maritime  transport,  OJ  C  13, 
17.1.2004, p. 3. 

87 

 
                                                 
reimbursement scheme for dredgers with a view to extending the scope of the scheme and the 
eligible  beneficiaries394.  In  September  2022,  the  Commission  also  approved  prolongations 
with  amendments  of a  French seafarers scheme  as  well as an  Irish seafarers scheme for the 
reduction  of  social  security  contributions395.  Furthermore,  on  28  October  2022  the 
Commission  approved  a  ten-year  prolongation  with  amendments  of  a  Belgian  scheme  to 
exempt  seafarers  from  the  payment  of  social  security  contributions396.  The  schemes  seek  to 
encourage ship registration within the EU and to contribute to the global competitiveness of 
the sector without unduly distorting competition. 

In addition, the Commission adopted a number of decisions, in the context of the COVID-19 
pandemic, both under Article 107(2)(b)TFEU as well as the Temporary Framework for State 
aid measures, to allow for the compensation of damages suffered by shipping companies and 
the support of companies operating in the maritime sector. Those decisions concerned damage 
compensation  for  large  shipping  companies  in  Italy397,  compensation  for  fixed  costs  for 
undertakings  operating  in  the  maritime  sector  in  Croatia398,  and  direct  grants  for  companies 
operating in the cabotage and relating sectors in Italy399.   

8.2.6. Merger enforcement in the car leasing sector  

On 5 October 2022, the  Commission  received a  notification of  the  acquisition  of the Dutch 
LeasePlan  group  by  its  French  rival  ALD400.  Both  parties  offer  vehicle  leasing  and  related 
management  services.  ALD  is  solely  controlled  by  Société  Générale,  a  French  banking  and 
financial  services  group.  On  25  November  2022,  the  Commission  issued  a  conditional 
clearance decision in  phase  I. The clearance is  conditional on  ALD divesting  its operational 
leasing  business  in  Ireland,  Norway  and  Portugal,  as  well  as  LeasePlan's  businesses  in 
Czechia, Finland and Luxembourg, with their assets, contracts and employees. 

8.2.7. Rail and intermodal State aid enforcement  

As  in  other  transport  modes  hit  by  the  COVID-19  pandemic,  public  intervention  in  the  rail 
sector was necessary to preserve connectivity and to address companies’ liquidity needs. The 
Commission  approved  several  measures  under  Article  107(2)(b)  TFEU  allowing  for 
compensation  of  the  damage  undertakings  had  suffered  due  to  the  restrictions  that  Member 
States had put in place to limit the spread of the coronavirus.  

For  instance,  the  Commission  approved  a  EUR  374  million  Italian  support  scheme  to 
compensate  rail  freight  operators401  and  a  EUR  687  million  Italian  support  scheme  to 
compensate providers of commercial long-distance rail passenger services402 for the damages 

394 Case SA.64772, Denmark - Amendments to the Danish reimbursement scheme for dredgers. 
395 Case SA.101240, France - Prolongation avec modification du régime SA.59537 concernant le remboursement des 
cotisations  sociales  des  marins,  and  Case  SA.103729,  Ireland  -  Prolongation  of  aid  scheme  for  the  Refund  of 
Employers' Social Security Contributions in respect of Seafarers on certain vessels. 
396 Case SA.103643, Belgium - Prolongation of the Belgian seafarers’ scheme for the exemption of social security. 
397 Case SA.100553, Italy - COVID-19 -Compensation for large shipping companies. 
398 Case SA.101061, Croatia - COVID-19 - Scheme to support Maritime sector.  
399 Case SA.101428, Italy - COVID-19 - support  for cabotage and other maritime services. 
400 Case M.10638, ALD/LeasePlan. 
401 Case SA. 63174, Italy - COVID-19 Damage compensation to rail freight operators. 
402 Case SA. 62394, Italy - COVID-19 Damage compensation to commercial rail passenger operators – II. 

88 

 
                                                 
suffered. The Commission also approved more than EUR 750 million  of support granted by 
Germany  to  compensate  Deutsche  Bahn  AG  for  damages  suffered  by  its  subsidiaries  DB 
Fernverkehr403  and  DB  Netz,  DB  Energie  and  DB  Station&Service404.  The  Commission 
furthermore approved several schemes for the reduction of track access charges as a means to 
address the difficulties encountered by railway undertakings as a consequence of the COVID-
19 pandemic405.  

Besides the handling of COVID-19 related cases, the Commission continued to enforce State 
aid rules applicable to the rail and intermodal transport sector. The Commission approved on 
the  basis  of  the  2008  State  aid  Guidelines  and  Article  93  TFEU,  36  aid  measures  for  the 
coordination  of  transport,  encompassing  aid  for  infrastructure  use,  aid  for  the  reduction  of 
external  costs  or  aid  for  interoperability,  in  particular  to  support  the  deployment  of  the 
European Rail Traffic Management System (ERTMS). All these measures support the modal 
shift  from  road  to  rail,  inland  waterways  or  sea  transport  as  the  safer  and  more 
environmentally-friendly  transport  modes,  which  constitutes  a  priority  to  implement  the 
European Green Deal. 

Finally,  on  31  January  2022,  the  Commission  opened  a  formal  investigation  against  DB 
Cargo, a 100% subsidiary of the State-owned German rail operator Deutsche Bahn AG. The 
investigation  focusses  on  potential  aid  stemming  from  a  profit  and  loss  transfer  agreement 
concluded  between  DB  Cargo  and  Deutsche  Bahn  AG,  potentially  advantageous  group 
financing  conditions  for  loans  as  well  as  on  potentially  favourable  pricing  terms  for  intra-
group services provided to DB Cargo406. 

8.2.8. Revision of the State aid Railway Guidelines 

Rail  transport  plays  a  key  role  for  the  achievement  of  the  ambitious  goals  set  out  by  the 
European Green Deal agenda, including the reduction of greenhouse gases by 2030 by at least 
55%  and  to  reach  climate  neutrality  by  2050.  Transport  generates  25%  of  all  greenhouse 
gases  (‘GHG’)  in  the  EU  and  should  reduce  GHG  emissions  by  at  least  90%  by  2050. 
Transport is the only sector which has increased its share of GHG emissions since 1990 (from 
15% to 25%) in relation to other sectors and industries. The rail share of GHG emissions is 
very low (0.4%). The major contributor is road transport (passengers and freight) with a share 
over  70%  of  transport  GHG  emissions.  At  the  same  time,  rail  transport  faces  competitive 
disadvantages,  in  particular  as  road  transport  only  partially  internalises  the  external  costs 
created, whilst at the same time facing higher costs for infrastructure use than road transport.  

The 2008 Guidelines for State aid  to  railway undertakings (‘Railway  Guidelines’)407  offer a 
useful toolbox to support the rail sector and hence the modal shift from road to rail as a more 

403 Case SA. 100323, Germany - COVID 19 – Damage compensation for Deutsche Bahn AG for damages suffered by 
DB Fernverkehr II. 
404 Case SA. 100322, Germany – COVID 19 - Damage compensation for DB AG to cover damages incurred by DB 
Netz AG, DB Energie GmbH and DB Station&Service AG. 
405 Case SA.102132, Austria; Case SA.103381, Germany; Cases SA.102270 and SA. 104518, Italy. 
406 Case SA.50952, Germany – Alleged State aid to DB Cargo.  
407  Communication  from  the  Commission  Community  guidelines  on  State  aid  for  railway  undertakings  (2008/C 
184/07), OJ C 184, 22.7.2008, p. 13. 

89 

 
                                                 
sustainable transport mode. In 2020, the Fitness Check of the Railway Guidelines408 showed 
that the current Guidelines have made an important contribution to encouraging a modal shift 
to rail, but that adjustments of the existing rules are necessary to reflect the latest market and 
regulatory developments and enable the rail sector to embrace the green and digital transition 
in line with the Commission's priorities, in particular those of the European Green Deal.  

Against  this  background,  the  Commission  in  2021  launched  the  revision  of  the  Railway 
Guidelines409.  The  revision  aims  to  support  the  shift  to  more  sustainable  transport  modes, 
while  introducing  block  exemptions  for  specific  aid  measures  in  the  area  of  land  and 
intermodal  transport,  thus  simplifying  the  procedures  for  the  granting  of  aid.  A  12-week 
public  consultation  was  conducted  in  the  first  quarter  of  2022410,  together  with  bilateral 
meetings  with  EU  stakeholders’  associations.  At  the  same  time,  a  support  study  was 
commissioned  to  investigate  certain  specific  areas  of  the  rail  sector.  The  feedback  received 
and the  findings of the study will feed the impact  assessment report and  help  designing the 
new rules. The Commission plans to have the updated guidelines adopted in 2025. 

In addition, as regards specifically the objective of procedural simplification, the Commission 
adopted  on  6  July  2022411  a  proposal  for  a  Council  Regulation  that  will  enable  the 
Commission to adopt block exemption regulations in the field of the coordination of transport 
and public service obligations not covered by Regulation 1370/2007/EC, in line with Article 
93 TFEU. Adoption by the Council took place on 19 December 2022412.  

8.2.9. State aid enforcement in the road transport sector 

In  January  2022,  the  Commission  adopted,  under  the  Temporary  Framework  for  State  aid 
measures,  a  decision  concerning  aid  for  approximately  EUR  9  million  for  support  to  bus 
operators  in  Slovakia413.  Moreover,  the  Commission  adopted  two  decisions  reintroducing 
expired  State  aid  schemes  supporting  road  passenger  transport  in  Italy414.  The  Commission 
also  approved  aid  to  undertakings  active  in  road  passenger  transport  in  Portugal415  for  an 
amount of EUR 800 000. 

In  April  2022,  the  Commission  approved,  under  the  Temporary  Crisis  Framework,  an  aid 
measure  for  an  amount  of  EUR  18  million  to  support  road  haulage  operators  in  Ireland416. 

See: 

See: 

https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13154-Rail-transport-revision-of-

https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13154-Rail-transport-revision-of-

408  Commission  Staff  Working  Document  -  Fitness  Check  of  the  2012  State  aid  modernisation  package,  railways 
guidelines and short-term export credit insurance, SWD(2020) 257 final. 
409 
State-aid-guidelines_en  
410 
State-aid-guidelines/public-consultation_en 
411 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_4311  
412  Council  Regulation  (EU)  2022/2586  of  19  December  2022 on  the  application  of  Articles 93, 107  and  108  of  the 
Treaty  on  the  Functioning  of  the  European  Union  to  certain categories  of  State  aid  in  the  rail,  inland  waterway  and 
multimodal transport sector, OJ L 338, 30.12.2022, p. 35. 
413 Case SA.101088, Slovakia – COVID-19: Aid to bus companies. 
414  Case  SA.101935  –  Italy  –  COVID-19:  Re-introduction  SA.100126  –  Support  to  road  passenger  transport;  Case 
SA.101992,  Italy  –  COVID-19:  Re-introduction  of  aid  scheme  SA.64342  –  Aid  to  undertakings  engaged  in  road 
passenger transport by bus. 
415 Case SA.102334, Portugal – COVID-19: Aid to passengers transport sector in Azores for 2022. 
416 Case SA.102559, Ireland – TCF: Licensed Road Haulage Operators Emergency Support Scheme. 

90 

 
                                                 
Similar  measures  were  also  approved  for  Spain417  and  Portugal418,  with  budgets  of 
approximately  EUR  450  million  and  EUR  46  million.  In  addition,  the  Commission  also 
approved  an  aid  measure  to  support  undertakings  involved  in  road  transport  of  goods  and 
persons in Romania419 with an approximate budget of EUR 61 million and a EUR 526 million 
aid measure supporting road haulage operators in Italy420, and a EUR 35 million aid measure 
supporting bus transport operators in Italy421.  

Following  the  adoption  of  the  updated  Temporary  Crisis  Framework422,  the  Commission 
approved  the  prolongation  with  amendments  of  the  aid  measure  supporting  road  haulage 
operators in Italy until 31 December 2023423.   

8.2.10. State aid enforcement in the postal services sector 

Through  State  aid  control  in  the  postal  services  sector,  the  Commission  ensures  that 
competition between incumbent service providers and new entrants is not being distorted, that 
recipients of State aid are not shielded from competitive pressure and market developments, 
and that efficiency, innovation and productivity remain incentivised. 

On  11  January  2022,  the  Commission  concluded  that  an  internal  capital  injection  of  DKK 
2.34  billion  (approximately  EUR  314.6  million)  from  PostNord  to  Post  Danmark  did  not 
constitute  State  aid424.  At  the  same  time,  the  Commission  found  that  two  capital  injections 
from Denmark and Sweden to PostNord, for a total of SEK 667 million (approximately EUR 
66 million) constituted incompatible State aid that Denmark and Sweden have to recover from 
PostNord.  

On  10  March  2022,  the  Commission  opened  an  in-depth  investigation  to  assess  whether 
certain  Greek support measures in favour of  postal operator ELTA are in  line with State aid 
rules425.  These  measures  include  the  payment  by  Greece  of  EUR  149  million  to  ELTA  in 
December  2020  as  additional  compensation  for  the  universal  service  obligation  for  2013-
2018,  a  capital  injection  of  EUR  100  million  and  the  granting  of  an  exemption  from  value 
added tax to all postal services of ELTA since 2000.  

On  19  July  2022,  the  Commission  concluded426  that  Belgium’s  plans  to  compensate  postal 
operator bpost for providing several services of general economic interest between 2022 and 

417 Case SA.102615, Spain – TCF: Direct aid to self-employed workers and private road transport companies affected 
by the increase in fuel prices. 
418  Case  SA.103207,  Portugal  –  TCF:  Extraordinary  and  exceptional  support  for  the  undertakings  of  road  freight 
transport for hire or reward. 
419 Case SA.103249, Romania – TCF: Aid to undertakings involved in road transport of goods and persons. 
420  Case  SA.103480,  Italy  –  TCF:  Emergency  Support  Scheme  for  Haulage  Operators.  The  aid  measure  was 
subsequently  amended  in  Case  SA.103966,  following  the  first  amendment  of  the  Temporary  Crisis  Framework 
(Commission Communication C(2022) 5342, OJ C 280, 21.7.2022, p. 1). 
421 Case SA.104566, Italy – TCF: Emergency Support for Bus transport Operators. 
422 Communication from the Commission on the Temporary Crisis Framework for State aid measures to support 
the economy following the aggression against Ukraine by Russia (OJ C 426, 9.11.2022, p. 1). 
423  Case  SA.105007,  Italy  –  TCF:  Emergency  Support  Scheme  for  Haulage  Operators  (amendment  to 
SA.103480). 
424  Cases  SA.49668,  Denmark  -  Capital  injections  for  PostNord  and  Post  Danmark;  SA.53403,  Sweden  -  Capital 
injections for PostNord and Post Danmark. 
425 Case SA.57538, Greece - Alleged illegal state aid to ELTA. 
426 Case SA.100860, Belgium - bpost 7th management contract. 

91 

 
                                                 
2026  was  compatible  with  the  internal  market  under  Article  106(2)  TFEU  as  it  met  all  the 
conditions  of  the  SGEI  Framework.  The  SGEIs  concerned  include  among  others  the 
maintenance  a  post  office  network  throughout  Belgium,  delivering  pension  payments, 
providing ‘cash at counter' services, as well as delivering printed material related to elections 
in Belgium. 

On  25  July  2022,  the  Commission  concluded427  that  Czechia’s  plans  to  compensate  Czech 
Post for its universal postal service obligation over the period 2018-2022 was compatible with 
the  internal  market  under  Article  106(2)  TFEU  as  it  met  all  the  conditions  of  the  SGEI 
Framework.  Similarly,  on  10  August  2022,  the  Commission  concluded428  that  Denmark’s 
compensation to Post Danmark for its universal postal service obligation in 2020 constituted 
compatible State aid as it met all the conditions of the SGEI Framework.  

On  10  August  2022,  the  Commission  concluded429  that  France’s  plans  to  proceed  to  four 
modifications  to  La  Poste’s  SGEI  relating  to  territorial  planning,  approved  by  Commission 
decision in case SA.49469 in December 2018, do not alter the compatibility assessment of the 
SGEI with the internal market under Article 106(2) TFEU. The modifications relate to additional 
sources  of  financing  for  the  SGEI  compensation  of  La  Poste  and  to  an  update  in  the 
methodology used to allocate contact points to the territorial planning mission. 

On  5  December  2022,  the  Commission  concluded430  that  France’s  plans  to  compensate  La 
Poste  for  providing  the  SGEI  of  press  transport  and  distribution  in  the  French  territory 
between 2022 and 2026 was compatible with the internal market under Article 106(2) TFEU 
as it met all the conditions of the SGEI Framework. 

8.2.11. Antitrust enforcement in the hotel sector 

The  distribution  of  hotel  accommodation  has  been  the  subject  of  several  antitrust  and 
legislative interventions in recent years. Since 2010, several NCAs have investigated the use 
of  retail  parity  clauses  by  online  travel  agencies  in  their  contracts  with  hotels.  Wide  retail 
parity clauses prevent hotels from offering better room prices or increased availability on any 
other  sales  channel.  Narrow  retail  parity  clauses  allow  hotels  to  offer  better  room  prices  on 
other  online  travel  agencies  and  for  offline  sales,  but  prevent  hotels  from  publishing  better 
prices on their own website. 

On 26 August 2022, the Commission published the results of an external market study on the 
distribution practices of hotels in the EU, covering the period between 2017 and 2021431. The 
study  focused  on  a  representative  sample  of  six  Member  States  (Austria,  Belgium,  Cyprus, 
Poland,  Spain  and  Sweden)  and  notably  aimed  at  identifying  any  changes  in  hotels’ 
distribution practices, as compared to the results of the monitoring exercise carried out by the 
European  Competition  Network  in  2016,  and  to  find  out  whether  laws  banning  the  use  of 

427 Case SA.55208, Czechia - State aid implemented by Czechia for Czech Post. 
428 Case SA.57991, Denmark - USO compensation to Post Danmark A/S for 2020. 
429 Case SA.100960, France - Modifications au régime de compensation de la mission d'aménagement du territoire en 
faveur de La Poste (SA.49469). 
430 Case SA.102817, France - La Poste : Mission de transport et de distribution de la presse pour la période 2023-
2026. 
431 See: https://competition-policy.ec.europa.eu/document/download/1551a94d-e3c0-4175-bdff-d54aef2f6606_en 

92 

 
                                                 
wide  and  narrow  parity  clauses  by  online  travel  agents  in  Austria  and  Belgium  have  led  to 
changes in hotels’ distribution practices in those Member States. 

The  results  of  the  study  will  be  taken  into  account  by  the  Commission  and  NCAs  in  their 
ongoing  monitoring  and  enforcement  work  in  the  hotel  accommodation  distribution  sector, 
notwithstanding the possible impact of the DMA on competition in this sector. 

8.2.12. Merger enforcement online travel agency sector 

On  10  October  2022,  the  Commission  received  a  notification  of  the  acquisition  of  the 
Swedish  online  travel  agency  eTraveli,  which  focuses  on  the  sale  of  flights,  by  the  US 
company  Booking432.  Booking  supplies  online  travel  agency  and  metasearch  services 
primarily  for  accommodations,  whilst  also  providing  services  for  flights,  car  rental  and 
activities. On 16 November 2022, the Commission opened an in-depth investigation into the 
acquisition  as  the  Commission  is  concerned  that  the  proposed  acquisition  would  allow 
Booking to strengthen its position on the market for accommodation online travel agencies433. 

432 Case M.10615, Booking Holdings/eTraveli Group.  
433 See the press release of 16.11.2022: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_6883  

93 

 
                                                 
State aid decisions adopted under the Temporary Framework for State aid measures in 
2022434 by country 

ANNEX 1. 

Nr. 

Member State 

Case number 

Title 

1 

2 

3 
4 

5 

6 

7 

8 
9 

Austria 

SA.100831 

Austria 

SA.100853 

Austria 
Austria 

SA.101013 
SA.101086 

Austria 

SA.101232 

Austria 

SA.101115 

Belgium 

SA.101027 

Belgium 
Belgium 

SA.101133 
SA.100961 

10 

Belgium 

SA.101656 

11 

Belgium 

SA.101794 

12 

Belgium 

SA.101410 

COVID-19: Amendments to and prolongations 
of SA.56840 "Austrian liquidity assistance 
scheme" and SA.58661 "Fixed costs 
compensation scheme"  
Spezielle Richtlinien des NÖ Wirtschafts- und 
Tourismusfonds - Förderprogramm COVID-19  
COVID-19; Support Scheme for Events I 
COVID-19 - AT - Wage subsidy for seasonal 
workers (AMS-Saisonstarthilfe) 
COVID-19: Compensation scheme: Directive for 
fixed cost subsidies for economic activities of 
Non Profit Organisations 
 COVID-19: Sixth amendment of the aid scheme 
SA.56981 
Flemish Protection Mechanism for undertakings 
that suffer a turnover decline due to the Covid-19 
measures  
Bridge loans in the Flemish region 
SA.100961 (2021/N) – Belgium. COVID-19: 
Re-introduction of the schemes SA.56919, 
SA.57083, SA.57132, SA.57246, SA.58081, 
SA.60198, SA.60524, SA.61748, SA.62032, SA. 
62407, SA.62430, SA.62882, SA.62883, 
SA.62884, SA.63932, SA.64030, SA.64031, 
SA.64071 and SA.64072, as already amended 
Amendments to the scheme SA.101027: 
“COVID-19 - Flemish Protection Mechanism for 
undertakings that suffer a turnover decline due to 
the Covid-19 measures of 28 October 2020 
COVID-19: Repayable advances for the event 
and cultural sectors in the context of the COVID-
19 health crisis in the Brussels-Capital Region 
and amendment to scheme SA.100716 
COVID-19 - BE - Grant to employers active in 
the events sector, discotheques, nightclubs, 
indoor playgrounds and recreational indoor 
venues 

Decision date 

11/01/2022 

11/01/2022 

11/01/2022 
14/01/2022 

14/01/2022 

17/01/2022 

10/01/2022 

11/01/2022 
20/01/2022 

07/02/2022 

17/02/2022 

18/02/2022 

13 

Belgium 

SA.101957  Walloon aid scheme for self-employed and 

03/03/2022 

undertakings mandatorily closed or affected by 
COVID-19 restrictive measures in the first 
quarter of 2022 

14 

Belgium 

SA.101958  Walloon aid scheme for self-employed and 

03/03/2022 

undertakings mandatorily closed or affected by 

434 A number of these decisions have subsequently been amended. 

94 

 
 
 
                                                 
15 

Belgium 

SA.101863 

16 

17 

18 

Belgium 

SA.102420 

Belgium 

SA.102414 

Belgium 

SA.102417 

19 

Belgium 

SA.102421 

20 

21 

22 
23 
24 
25 

26 
27 

28 

29 

30 

Belgium 

SA.102504 

Bulgaria 

SA.101012 

Bulgaria 
Bulgaria 
Bulgaria 
Bulgaria 

SA.100885 
SA.101306 
SA.100321 
SA.102193 

Bulgaria 
Bulgaria 

SA.102392 
SA.103269 

Croatia 

SA.102126 

Croatia 

SA.101061 

Croatia 

SA.102436 

31 

Croatia 

SA.103028 

12/05/2022 

26/04/2022 

12/04/2022 

04/04/2022 

04/03/2022 

COVID-19 restrictive measures in the last 
quarter of 2021 
COVID-19: Decision of the Flemish 
Government regarding a Flemish Protection 
Mechanism for undertakings that suffer a 
turnover decline due to the Covid-19 measures of 
28 October 2021 
COVID-19: amendment to scheme SA.101133: 
“COVID-19 - bridge loans in the Flemish 
Region” 
COVID-19: Tourist accommodation sector in 
Brussels Capital-Region II 
COVID-19: Projet Arrêté du Gouvernement de 
la Région de Bruxelles-Capitale relatif à une aide 
de relance aux entreprises encore fortement 
impactées des secteurs des discothèques, des 
restaurants et cafés et de certains de leurs 
fournisseurs, de l’événementiel, de la culture, du 
tourisme, et du sport et du transport des 
voyageurs. 
Besluit van de Vlaamse Regering betreffende het 
corona globalisatiemechanisme voor 
ondernemingen met een grote omzetdaling in 
2021 ten gevolge van de coronavirusmaatregelen 
(Decision of the Flemish Government regarding 
a Covid-19 Globalisation Mechanism for 
undertakings that suffer a turnover decline in 
2021 due to the Covid-19 measures) 
Aid by Flanders to undertakings and public 
entities that suffer a negative economic impact 
due to the Covid-19 measures and the Brexit 
COVID-19: Prolongation and amendment of the 
schemes SA.56905, SA.56933, SA.57052, 
SA.57283, SA.57795, SA.58095, SA.59704, 
SA.60454, SA.100320 and SA.100331, as 
already amended 
COVID-19: State aid for the tourism sector 
State aid to tour operators 
COVID-19 - Aid scheme to air carriers 
COVID-19: State aid for tour operators (re-
introduction of SA.58050 as amended by 
SA.60082 and SA.63497) 
COVID-19: Liquidity aid to farmers 2022 
COVID-19, Bulgaria, Amendment to Aid 
scheme to air carriers (SA.100321) 
COVID-19: Re-introduction and amendment of 
the scheme SA.56998 as already amended 
COVID-19 - HR - Scheme to support Maritime 
sector (section 3.12) 
COVID-19: Support to undertakings active in the 
civil aviation sector in the form of subsidised 
interest rates on loans under Temporary 
Framework 3.3 
COVID-19: Support to undertakings active in the  17/06/2022 

17/01/2022 
19/01/2022 
17/03/2022 
22/03/2022 

07/04/2022 
27/06/2022 

25/03/2022 

28/03/2022 

01/06/2022 

07/01/2022 

01/06/2022 

95 

 
32 

Croatia 

SA.103135 

33 
34 

35 

36 

37 

38 

39 

40 

41 

42 
43 

44 

45 

46 

47 

48 

49 

50 

Croatia 
Cyprus 

Cyprus 

Cyprus 

SA.103801 
SA.101278 

SA.101311 

SA.101098 

Cyprus 

Cyprus 

SA.102081 

SA.102885 

Cyprus 

SA.102435 

Cyprus 

SA.103624 

Czechia 

SA.101455 

Czechia 
Czechia 

SA.101034 
SA.101719 

Czechia 

SA.102180 

Denmark 

SA.101132 

Denmark 

SA.101789 

Denmark 

SA.101840 

Denmark 

SA.102187 

Estonia 

SA.102162 

Estonia 

SA.102167 

17/06/2022 

18/02/2022 

20/05/2022 

28/02/2022 

21/06/2022 

04/04/2022 

civil aviation sector for recapitalisation measures 
under Temporary Framework 3.11 
COVID-19: Amendments to State Aid SA.57711 
(2020/N), as amended by SA.58128 (2020/N), 
SA.58136 (2020/N), SA.59924 (2020/N), 
SA.59942 (2020/N), SA.64375 (2021/N), 
SA.100913 (2021/N)  
COVID-19 - HR - Job Preservation Aid Scheme   09/12/2022 
20/01/2022 
COVID-19: Incentive Scheme for Tour 
Operators 
Re-introduction of the scheme SA.57691 [as 
amended in SA.60661 and SA.63695] 
State aid plan based on the Temporary 
Framework for State aid measures to support the 
economy during the current outbreak of the 
COVID-19 disease to a) pig farmers, b) poultry 
farmers, c) cow farmers, d) rabbit farmers. 
Subsidy Scheme for Certain Enterprises and 
Self-employed persons 
COVID-19: Support for cheesemakers due to the 
impact of the restrictive measures implemented 
and applied in the catering sector 
COVID-19 - CY - Suspension of payment of 
VAT for certain categories of taxpayers taken 
during the COVID-19 pandemic in 2021 
COVID-19: Special scheme for lump-sum 
payments to firms and self-employed persons 
COVID-19 - CZ - Guarantees for travel agencies 
(amend SA.61837) 
COVID-19 - CZ – Compensation bonus for 2022  10/02/2022 
10/03/2022 
COVID-19 - CZ - Fourth Amendment to the 
wage subsidy scheme approved as State aid 
under SA.57102, SA.59334, SA.62441 & 
SA.100663 
State Aid SA.102180 (2022/N) – Czech Republic 
COVID-19: Prolongation of the schemes 
SA.62471 and SA.62477, as already amended 
COVID-19 - DK - Modifications to SA.59960, 
SA.64159, SA.59764, SA.58515, SA.56708 and 
SA.56808  
COVID-19 - DK - Adjustment of scheme for 
cancelled, deferred or substantially modified 
large events (SA.59960 as amended by 
SA.61947and SA.101132)  
COVID-19: Danish aid scheme for distinct 
seasonal expenses (under TF 3.1)  
Denmark COVID-19: Notification of adjustment 
of SA.59960 as amended by SA.61947, 
SA.101132 and SA.101789 - limited amounts of 
compensation – scheme for cancelled, deferred 
or substantially modified large events 
COVID-19 - EE- Assistance to cultural and 
concert organizers  
COVID-19: GUARANTEES ON LOAN 

06/04/2022 

31/03/2022 

24/03/2022 

23/02/2022 

04/03/2022 

30/03/2022 

28/11/2022 

27/01/2022 

14/01/2022 

96 

 
Estonia 

Finland 

Finland 

Finland 

France 

France 

France 

France 

France 

France 

France 

Germany 
Germany 

51 

52 

53 

54 

55 

56 

57 

58 

59 

60 

61 

62 
63 

64 

Greece 

SA.100939 

65 

Greece 

SA.101418 

66 

Greece 

SA.100945 

30/09/2022 

21/04/2022 

15/06/2022 

20/06/2022 

29/03/2022 

07/04/2022 

21/04/2022 

30/06/2022 

04/08/2022 

14/12/2022 

20/12/2022 

25/01/2022 
01/02/2022 

18/01/2022 

20/01/2022 

09/02/2022 

SA.103101 

SA.102463 

SA.104054 

SA.101947 

SA.102110 

SA.103178 

UNDER THE TEMPORARY FRAMEWORK  
SECTION 3.1 AND 3.2 
COVID-19: Amendment to commitments under 
SA.57586 – Recapitalisation and subsidised 
interest loan for Nordica  
COVID19- Support for uncovered fixed costs 
under Temporary Framework 3.12. (Re-
introduction of scheme SA.63205) 
COVID-19: Amendment of the scheme 
SA.57059 as already amended 
COVID-19: Prolongation of State loan guarantee 
for Finnair (amendment to SA.56809) 
Covid-19: Dispositif de garantie de l’État sur 
l’investissement dans des quasi-fonds propres de 
petites et moyennes entreprises et d’entreprises 
de taille intermédiaire 
COVID-19: Exceptional compensation for pig 
farms 
COVID-19: Régime d’aides destinées à soutenir 
l’investissement en vue d’une reprise durable 
COVID-19: Modification du régime cadre 
temporaire SA.56985 
COVID-19 - FR - Modifications to SA.62999 
(2021/N) - COVID-19: Aid in the form of 
exemptions from social security contributions (« 
Régime d'aides sous forme d'exonérations de 
cotisations sociales ») 
Réintroduction de SA.59746 (2020/N) - 
Compensation des clubs sportifs et organisateurs 
d’évènements sportifs 
COVID-19: Prolongation and amendments to the 
scheme SA.102077 
SA.101574  Modification to scheme SA.56814 
SA.63946 

SA.103459 

SA.102077 

SA.102799 

SA.102804 

SA.105172 

COVID 19 – aid to Flughafen Berlin 
Brandenburg 
COVID-19: Prolongation and amendment of the 
schemes SA.56857, SA.58367, SA.58368, SA 
58616, SA.59033, SA.61574, SA.61802, 
SA.62098, SA.62341, SA.62626, SA.62699, 
SA.62835, SA.63004, SA.63123 (as already 
amended) 
COVID-19 - EL - Amendment to SA.100951: 
subsidy scheme for the municipalities of 
Mantoudi-Limni-St.Anna and Istiaia-Aidipsos of 
the region of Northern Evia 
State Aid Grants in the agricultural sectors of i) 
Fig production crops for drying throughout the 
country, ii) Lavender cultivation throughout the 
country, iii) Table Olives except table Olives-
“Kalamon” variety and table Olives-others (code 
2008190 according to the national Integrated 
Management and Control System data of 
OPEKEPE), iv) Industrial potato- Autumn 
potato, v) Tangerine – “Klimentini” variety and 

97 

 
67 

68 

69 

70 

71 

72 

73 

74 

75 

76 

77 

Greece 

SA.101934 

Greece 

SA.102365 

Greece 

SA.102304 

Greece 

Greece 

Greece 

Greece 

SA.101963 

SA.102749 

SA.103434 

SA.63905 

Greece 

SA.105095 

Hungary 

SA.101494 

Hungary 

SA.101821 

Hungary 

SA.102107 

78 

Hungary 

SA.102512 

79 

80 

81 

82 
83 

84 

85 

Hungary 

SA.104991 

Ireland 

SA.101267 

Ireland 

Ireland 
Ireland 

Ireland 

Ireland 

SA.101580 

SA.102196 
SA.102557 

SA.103565 

SA.104540 

vi) Tobacco growing sector on the basis of the 
COVID 19 Temporary Framework. 
COVID-19:Working capital in the form of grants 
to companies continuously and severely affected 
by COVID-19 
COVID-19: First amendment to SA.101934 
(2022/N) – Working capital in the form of grants 
to companies continuously and severely affected 
by COVID-19 
COVID-19: Temporary aid measure due to the 
consequences of the spread of the COVID-19 
(umbrella scheme) 
COVID-19: Loan facility to support private 
investment (RRF) 
COVID-19: Re-introduction of the scheme 
SA.63896 as amended 
COVID-19: Amendments to the scheme 
SA.61574, as amended by SA.100939 
COVID-19 - Repayable Advance Scheme for 
enterprises affected by the Covid-19 outbreak for 
the months January until March 2021 (Rounds 6 
and 7) 
COVID-19: Loan facility to support private 
investment (RRF) (amendments to SA.101963) 
COVID-19: Investment support scheme towards 
a sustainable recovery 
COVID-19: 2nd investment support scheme 
towards a sustainable recovery 
12th amendment request to the Commission 
Decision of 8 June 2020 in case SA.57468 
(2020/N) COVID-19: Umbrella scheme of direct 
grants provided from the appropriations managed 
at the level of ministries’ budgetary chapters 
(C(2020) 3951 final) 
7th amendment to SA.56926 (2020/N) – 
COVID-19: Aid measures for increasing 
competitiveness of undertakings in relation with 
the COVID-19 outbreak 
COVID-19: Prolongation and amendments to the 
investment support schemes towards a 
sustainable recovery SA.101494 and SA.101821 
COVID-19: Live Performance Support Scheme 
2021 (amendments to SA. 63067, as already 
amended in case SA.100717) 
COVID-19: Commercial Entertainment Capital 
Grant Scheme (amendments to SA.100526) 
Beef Sector Efficiency Programme 2022 
COVID-19: Ireland - Helicopter Emergency 
Medical Services (HEMS) Scheme  
COVID-19: Scheme to support investment 
towards a sustainable recovery 
COVID-19: Scheme to support investment 
towards a sustainable recovery (amendments to 
SA.103565) 

04/03/2022 

31/03/2022 

01/04/2022 

16/05/2022 

16/05/2022 

28/06/2022 

11/08/2022 

20/12/2022 

02/03/2022 

29/03/2022 

07/04/2022 

26/04/2022 

15/12/2022 

19/01/2022 

01/02/2022 

25/03/2022 
11/05/2022 

25/07/2022 

30/09/2022 

98 

 
SA.101010 

SA.101056 

COVID-19: Prolongation of the schemes 
SA.56966, SA.61599, SA.62576, SA. 64217, 
SA.100204 and SA.100304 
COVID-19: Prolongation of the schemes 
SA.58802, SA.64420 and SA.100005 

11/01/2022 

11/01/2022 

SA.101076  Modification of schemes SA.62668, SA.100091 

11/01/2022 

86 

87 

88 

89 

90 

91 

92 

93 

Italy 

Italy 

Italy 

Italy 

Italy 

Italy 

Italy 

Italy 

SA.101179 

SA.101180 

SA.101314 

SA.101321 

SA.101160 

94 

Italy 

SA.101025 

95 

Italy 

SA.101474 

96 

97 

98 
99 

100 

101 

102 

103 

104 

105 

106 

Italy 

Italy 

Italy 
Italy 

Italy 

Italy 

Italy 

Italy 

Italy 

Italy 

Italy 

SA.101055 

SA.101313 

SA.101535 
SA.101598 

SA.101883 

SA.101935 

SA.102012 

SA.101992 

SA.102013 

SA.101428 

SA.102105 

and SA.100155.  
Italy - COVID-19 – Patrimonio Rilancio - 
Prolongation 
COVID-19: Prolongation of the scheme 
SA.56963 
COVID-19: Prolongation of the scheme 
SA.56963 
COVID-19: Prolongation of the scheme 
SA.100597 
COVID-19: Loan guarantees and grants under 
the ISMEA Guarantee Fund according to the 
Temporary Framework for State aid measures to 
support the economy in the current COVID-19 
outbreak 
COVID-19: reintroduction of the measures and 
increase of the aid ceilings related to the 
measures 3.1 and 3.12 of the Temporary 
Framework  
COVID-19: Re-introduction of the scheme 
SA.57947 "Support measures for undertakings 
carrying out activities in the agricultural, 
forestry, fishery and aquaculture sectors and the 
activities related thereto, in relation with the 
COVID-19 outbreak crisis", as already amended 
COVID-19: Aid to companies holding port 
concessions 
COVID-19: Aid to companies managing 
aluminium waste sorting and recycling plants 
Grant to breweries 
COVID-19: Plan for the socio-economic 
emergency of the Campania Region – 
Reintroduction of the scheme SA.57439, as 
already amended 
COVID-19: Grant to catering services (Article 
43-bis of Decree-Law No 73 of 25 May 2021) 
COVID-19: Measures to compensate road 
passenger transport companies (re-introduction 
SA.100126) 
COVID-19: Grant scheme to support the retail 
trade activities 
COVID-19 - IT - Reintroduction of SA.64342 – 
undertakings engaged in road passenger transport 
by bus 
COVID-19:  Port fees reimbursement for cruise 
ships docking in Italian ports 
COVID-19 - Italy- support for cabotage and 
other maritime services 
COVID-19: Tax credit in favour of tourism 

11/01/2022 

11/01/2022 

11/01/2022 

11/01/2022 

17/01/2022 

18/01/2022 

28/01/2022 

01/02/2022 

01/02/2022 

03/02/2022 
03/02/2022 

02/03/2022 

17/03/2022 

24/03/2022 

28/03/2022 

04/04/2022 

04/05/2022 

06/05/2022 

99 

 
107 

Italy 

SA.102136 

108 

109 

Italy 

Italy 

SA.102137 

SA.102779 

110 

Italy 

SA.102579 

111 

112 

113 

Italy 

Italy 

Italy 

SA.102966 

SA.102925 

SA.102580 

114 

Italy 

SA.102968 

115 

116 

117 

118 

119 

Italy 

Italy 

Italy 

Italy 

Italy 

SA.102967 

SA.103064 

SA.102702 

SA.102998 

SA.103161 

120 

Italy 

SA.102926 

121 

Italy 

SA.103405 

122 

123 

Italy 

Italy 

SA.103122 

SA.103316 

124 

Italy 

SA.103540 

125 

Italy 

SA.104510 

undertakings for rental payments  
COVID-19 and RRF: Direct grants and tax 
credits for tourism undertakings and tax credits 
for travel agencies and tour operators 
COVID19: Additional tax concessions for the 
tourism and spa sector 
COVID-19: Second amendment of the scheme 
SA.100597 COVID-19: Direct grants to SMEs 
engaging in international activities and 
operations for the digital and green transitions 
(RRF), as amended by SA.101321 
COVID-19: Aid scheme for the support of 
innovative and sustainable investments aimed at 
promoting the technological and digital 
transformation of companies 
Incentive to employers that hire workers in 
extraordinary redundancy fund system 
COVID-19 - Italy - Support to wedding, 
entertainment, HORECA and other sectors 
COVID-19: Tax credit for productive 
investments for companies affected by the 
pandemic in regions that had been hit by the 
seismic activity in 2016/2017 
exemption from social security contribution 
payments for private employers active in the 
tourism and thermal bath sectors engaging with 
fixed-term or seasonal contracts 
COVID-19: Exemption from social security 
contribution payments for workers’ cooperatives 
COVID-19 - Italy - Suppor to tourist transport by 
covered buses (no PSO) 
COVID-19: Investments in favour of a 
sustainable recovery 
COVID-19 - IT - Tax credit for IMU in the 
tourism sector  
COVID-19 – IT –  Exemption from social 
security contributions in the sector of travel 
agencies and tour operators 
COVID-19 - IT - Wage subsidy in the form of an 
exemption from social security contributions for 
cabotage and other maritime activities 
Loans provided by ISMEA in favour of 
undertakings of the agricultural and fishery 
sector affected by the COVID-19 outbreak 
 COVID-19: Exemption from the contribution 
paid by employers 
COVID-19/TCF: Aid scheme to support 
investments in the areas affected by the seismic 
events of 2009 and 2016 (RRF 
COVID-19: Scheme to support investments for a 
sustainable recovery of undertakings active in 
Lombardy, hit by the COVID-19 pandemic 
COVID-19: Scheme to support investments for a 
sustainable recovery of undertakings active in 

11/05/2022 

11/05/2022 

19/05/2022 

25/05/2022 

01/06/2022 

03/06/2022 

03/06/2022 

07/06/2022 

09/06/2022 

16/06/2022 

20/06/2022 

21/06/2022 

22/06/2022 

27/06/2022 

30/06/2022 

07/07/2022 

03/08/2022 

13/09/2022 

07/12/2022 

100 

 
126 

127 

128 

129 

Italy 

Italy 

Latvia 

Latvia 

SA.105070 

SA.105115 

SA.101079 

SA.101295 

130 

Latvia 

SA.100494 

131 

Latvia 

SA.101506 

132 

Latvia 

SA.101601 

133 

Latvia 

SA.101521 

134 

135 

Latvia 

Latvia 

SA.102018 

SA.101995 

136 

Latvia 

SA.102274 

137 

Latvia 

SA.102151 

138 
139 

140 

141 

142 

143 

144 

Latvia 
Lithuania 

SA.63604 
SA.100014 

Lithuania 

SA.101446 

Lithuania 

SA.101400 

Lithuania 

SA.101868 

Lithuania 

SA.102324 

Lithuania 

SA.102468 

145 

Luxembourg 

SA.101417 

16/12/2022 

12/01/2022 

16/12/2022 

10/02/2022 

07/02/2022 

27/01/2022 

13/01/2022 

07/01/2022 

the Marche region 
COVID-19: Prolongation and amendment to the 
schemes SA.102579 and SA.102702 
COVID-19: Prolongation and amendment to the 
scheme SA.103540 
COVID-19: Prolongation of the scheme 
SA.62916, as already amended 
Third Amendments to Support scheme for Latvia 
- COVID-19: Loan guarantee scheme and 
subsidized loan scheme,European Commission 
registered case No. State Aid SA.56722 
(amendments SA.60409 and 63139) 
Equity investments in the companies whose 
operations have been affected by the Covid-19 
impact 
Fifth Amendment to SA.59592 (2020/N) on 
grants to companies affected by the COVID-19 
crisis to ensure the flow of working capital  
COVID-19 - LV - Amendments to SA.100605: 
Reduction of the lease payment for lessees of 
publicly-owned property 
COVID-19 - LV - First Amendment to State Aid 
SA.100598 on the Support to the taxpayers for 
the continuation of their activity under the 
conditions of the crisis caused by COVID-19 
COVID-19: Reintroduction of the scheme 
SA.62195 ’’State aid measure for small farmers” 
COVID-19: LV - Support to arts, entertainment 
and recreation businesses (re-introduction to 
SA.62003) 
COVID-19: Reintroduction of the scheme 
SA.62681 “State aid for short-term loans in 
agriculture to relieve the negative impact of the 
COVID-19 outbreak” 
Equity investments in the companies whose 
operations have been affected by the Covid-19 
impact 
COVID-19: Second Recapitalisation of airBaltic   23/05/2022 
04/01/2022 
COVID-19 - LT - Deferral of import excise 
duties and VAT 
Amendment to the “Aid Fund for Business” 
(SA.57008) 
COVID-19: Reintroduction and extension of the 
“Direct COVID-loans” scheme (SA.60379) 
Loans to ensure the Liquidity of Economic 
Entities active in agriculture and aquaculture 
during the outbreak of Covid-19 
COVID-19: Aid to accommodation service 
providers and tour operators 
COVID-19: Temporary State Aid to broiler 
producers facing economic difficulties caused by 
the COVID-19 pandemic 
COVID19 - Modification of SA.59428, 
SA.59322 

02/02/2022 

15/03/2022 

25/01/2022 

09/02/2022 

22/04/2022 

04/04/2022 

21/03/2022 

08/03/2022 

06/04/2022 

04/04/2022 

101 

 
146 

147 
148 

149 

150 

151 

152 

153 

154 

Luxembourg 

SA.102106 

Luxembourg 
Malta 

SA.102539 
SA.100998 

Malta 

Malta 

Malta 

Malta 

Malta 

SA.101142 

SA.101841 

SA.102125 

SA.101993 

SA.102010 

Netherlands 

SA.101235 

155 

Netherlands 

SA.101892 

156 

Netherlands 

SA.102182 

157 
158 

Netherlands 
Poland 

SA.103285 
SA.101500 

159 

Poland 

SA.101234 

160 

Poland 

SA.101979 

161 

162 

163 

164 

Portugal 

SA.63546 

Portugal 

SA.63265 

Portugal 

SA.63547 

Portugal 

SA.102005 

COVID-19: Amendments to the schemes 
SA.59428 and SA.59322 
COVID-19: Aid to the pig sector (3rd part) 
COVID-19: Reintroduction of schemes 
SA.56843, SA.57163 and SA.57961 
COVID-19: Modifications to SA.57076, 
SA.57204, SA.58297, SA.58306, SA.100440 
COVID-19: Amendment of the scheme 
"Temporary State aid to Land Farmers" 
COVID-19: Amendment of the scheme 
"Temporary State aid to Animal Farmers" 
COVID-19: Guaranteed Co-Lending Scheme 
(GCLS) for SME 
COVID-19: Temporary State aid to Recognised 
Swine Co-operatives 
Amendment of seven existing aid schemes in 
accordance with the sixth amendment of the 
Temporary Framework (block notification the 
Netherlands) – in response to COVID-19 – 
Language waiver 
COVID-19: Eighth amendment of the direct 
grant scheme to support the fixed costs for 
enterprises affected by the COVID-19 outbreak 
(amendments to SA.57712, SA.59535, 
SA.60166, SA.62241, SA.63257, SA.63984, 
SA.100829 and SA.101235) 
NL_LNV_AGRO_EIA_Modification to 
SA.63576 (2021/N), SA.100202 (2021/N) and 
SA.100953 (2021/N) - NL LNV AGRO EIA Aid 
scheme financing uncovered fixed costs 
agricultural and horticultural undertakings 
COVID-19 
COVID-19: Modification to SA.63576 (2021/N) 
Aid for pig sows producers who are threatened  
with a loss of financial liquidity due to 
restrictions on the agricultural market caused by 
the COVID-19. 
Amendment of SA.61825 (2021/N) - New 
support to industries affected by the COVID-19 
pandemic - December 2021 
COVID-19 - PL - Subsidized interest rates for 
loans to tour operators – amendments to 
SA.58102 (2020/N), as amended by SA.62231 
(2021/NN) 
COVID 19 - PT - Apoio Extraordinário à 
Empregabilidade Açores 21 (AEEA21) 
COVID 19 - Suporte ao Emprego Regional 
(SER21) 
COVID 19 - Incentivo Regional à Normalização 
da Atividade Empresarial (IRNAE21) 
COVID-19: Direct grants to micro, small and 
medium-sized enterprises in specific sectors 
established in the Outermost Region of the 
Azores (“APOIAR.PT Açores") - November 

11/04/2022 

25/04/2022 
12/01/2022 

19/01/2022 

24/02/2022 

14/03/2022 

28/04/2022 

02/05/2022 

19/01/2022 

21/02/2022 

25/03/2022 

21/06/2022 
31/01/2022 

15/02/2022 

25/04/2022 

20/01/2022 

20/01/2022 

21/01/2022 

07/03/2022 

102 

 
165 

166 

167 

168 

169 

170 

171 

172 

173 

174 
175 

176 

177 
178 

179 

180 

181 

182 
183 

184 

185 

186 

Portugal 

SA.102334 

Portugal 

SA.102911 

Portugal 

SA.102275 

Romania 

SA.101753 

Romania 

SA.100434 

Romania 

SA.102487 

Romania 

SA.102898 

Romania 

SA.102939 

Romania 

SA.102830 

Romania 
Romania 

SA.102828 
SA.103035 

Romania 

SA.103503 

Slovakia 
Slovakia 

SA.101088 
SA.100438 

Slovenia 

SA.101099 

Slovenia 

SA.101779 

Slovenia 

SA.102649 

Spain 
Spain 

SA.60190 
SA.103291 

Sweden 

SA.101248 

Sweden 

SA.101222 

Sweden 

SA.101687 

23/05/2022 

06/04/2022 

26/04/2022 

04/04/2022 

22/02/2022 

10/06/2022 

02/06/2022 

25/05/2022 

2021 to January 2022 
 COVID-19: Aid to passengers transport sector 
in Azores for 2022 
COVID-19: Direct grants to micro, small and 
medium-sized enterprises in specific sectors 
established in the Outermost Region of the 
Azores (“APOIAR.PT Açores”) – February to 
April 2022 
Capitalization and Resilience Fund (FdCR) / 
Strategic Recapitalization Programme 
Re-introduction of the State Aid scheme 
SA.100195 – COVID-19: support for SMEs to 
overcome the economic crisis caused by the 
COVID-19 pandemic – productive investments 
COVID-19 – Aid scheme to airlines operating in 
Arad Airport 
COVID-19: Support of the activity of cattle, pig 
and poultry farmers in the context of the 
economic crisis caused by the COVID-19 
pandemic 
COVID-19: Support for agri-food entities in the 
form of micro-grants and working capital grants 
COVID-19: Support to small airports in the form 
of limited amounts of aid under Temporary 
Framework 3.1 
COVID-19: State Aid scheme associated to the 
GARANT CONSTRUCT Program 
COVID-19: scheme for the IMM Prod 
COVID-19: State Aid scheme associated to the 
Rural Invest Program  
COVID-19: Scheme for the award of grants for 
investment in re-technologisation of SMEs to 
restore resilience 
COVID-19 - SK - Bus companies 
COVID-19: Aid scheme to support Slovak air 
carriers 
State Aid SA.101099 (2021/N) – Slovenia  
COVID-19: Prolongation and amendment of the 
scheme SA.57724, as already amended 
COVID-19: Digital transformation of the 
economy (RRF) 
COVID-19: Re-introduction and amendment of 
the scheme SA.57782, as already amended 
HAC - Grupo CELSA-España (Barna Steel S.A.)  24/06/2022 
30/06/2022 
COVID-19: Amendment of SA.56851 to enable 
extension of guarantees 
Prolongation and amendment of compensation 
scheme for undertakings faced with turnover 
losses due to COVID-19 as regards aid periods 
between December 2021 and March 2022 
COVID-19: Rent rebate for tenants (prolongation 
of SA.56972 as amended) 
COVID -19: Amendments to the aid scheme 
SA.63116 - Aid for restricted or cancelled events 

03/06/2022 
07/06/2022 

17/01/2022 
23/03/2022 

21/01/2022 

23/02/2022 

16/05/2022 

17/01/2022 

03/06/2022 

09/08/2022 

12/01/2022 

14/03/2022 

103 

 
187 

188 

Sweden 

SA.102496 

Sweden 

SA.102780 

in January-June 2022 
COVID-19: Re-introduction of the guarantee 
programme as amended in case SA.100381 
COVID-19: Loans to Traffic Control Services 
(amendments to SA.61298 and SA.63289) 

28/04/2022 

24/05/2022 

104 

 
 
 
 
 
ANNEX 2 

State aid decisions adopted directly under the Treaty435 
by country 

Nr. 

Member 
State 

Case number 

Title 

Decision date 

1 

2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 
15 

16 

Austria 

SA.101114 

Austria 

SA.102132 

Croatia 

SA.102197 

Denmark 

SA.101011 

Denmark 

SA.101243 

Denmark 

SA.101238 

Denmark 

SA.101406 

Finland 
Finland 

SA.63668 
SA.102826 

France 

SA.102804 

Germany 

SA.103381 

Germany 

SA.100322 

Germany 

SA.100323 

Greece 
Greece 

SA.62588 
SA.100264 

Italy 

SA.62394 

COVID-19; State guarantee to package travel 
organisers and facilitators of linked travel services 
COVID-19 – Amendments to the existing aid 
scheme for rail freight transport and the existing 
aid scheme on the waiver of track access charges  
Compensation by the Republic of Croatia of 
damages caused to MZLZ during the COVID-19 
pandemic in accordance with Article 107(2)(b) 
TFEU (SA.102197) 
Aid scheme for mink farmers and related 
businesses affected by the COVID-19 out-break 
(amendment) 
Re-introduction of SA.57930: Temporary targeted 
compensation scheme for companies affected by 
COVID-19 related prohibitions (bans and 
cancelled events)   
 Re-introduction of SA.62538: targeted fixed cost 
compensation scheme for companies affected by 
COVID-19 prohibitions (mixed activities) 
Re-introduction of State Aid SA.56685: 
Compensation scheme for cancellation of events 
related to COVID-19  
COVID-19: Hybrid loan to Finnair II 
Amendment to notifications SA.60113 and 
SA.63668: Aid to Finnair Plc, Hybrid Loan 
Facility for Finnair - Finland 
Réintroduction de SA.59746 (2020/N) - 
Compensation des clubs sportifs et organisateurs 
d’évènements sportifs 
COVID-19: Reintroduction of the reduction of 
track access charges for long-distance rail 
passenger services 
COVID-19: Damage compensation for DB AG to 
cover damages incurred by DB Netz AG, DB 
Energie GmbH and DB Station&Service AG 
"SA.100323 - COVID-19: Schadensausgleich DB 
Fernverkehr AG - Phase 2 [BMDV] 
COVID-19 Damage compensation to Ellinair 
COVID-19 – Second damage compensation to 
Athens International Airport 
COVID-19 Damage compensation to commercial 
rail passenger operators – II  

04/02/2022 

24/05/2022 

13/12/2022 

10/01/2022 

16/02/2022 

16/02/2022 

18/02/2022 

10/02/2022 
20/06/2022 

14/12/2022 

25/07/2022 

27/07/2022 

28/11/2022 

02/05/2022 
12/12/2022 

02/03/2022 

105 

 
 
 
 
                                                 
 
 
17 

18 

19 

20 

21 

22 

23 
24 
25 

26 

27 

28 

29 

Italy 

Italy 

SA.100553 

SA.102270 

Italy 

SA.63174 

Latvia 

SA.101755 

Malta 

SA.102240 

Netherlands  SA.100781 

Netherlands  SA.101802 
Netherlands  SA.103614 
Netherlands  SA.103571 

Romania 

SA.60996 

Romania 

SA.63360 

Romania 

SA.104966 

Spain 

SA.101051 

30 

Spain 

SA.102370 

COVID-19: Compensation for large shipping 
companies  
Reintroduction of the COVID-19 scheme for the 
reduction of  track access charges for rail freight 
and commercial rail passenger services 
COVID-19 Damage compensation to rail freight 
operators 
COVID-19: Second damage compensation for 
airBaltic  
COVID-19 Damage compensation to Malta 
International Airport plc 
COVID-19: Temporary additional subsidy events 
COVID-19  
COVID-19: Aid to the fireworks sector 2 
COVID-19: Temporary subsidy for events 2022  
COVID-19: Third compensation scheme for zoos 
under Article 107(2)(b) TFEU 
COVID-19 – Damage compensation to CFR 
Calatori 
COVID-19 - Aid to TAROM - damage 
compensation II 
COVID-19: Scheme for the award of grants for 
investment in re-technologisation of SMEs to 
restore resilience (amendments to SA.103503) 
State aid SA.101051 (2021/N) — SPAIN – 
COVID-19 – Guarantee scheme for undertakings 
with composition agreements (re-introduction of 
SA.59045) 
ECON - Programa Solvencia COVID-19 Euskadi 

08/06/2022 

17/06/2022 

20/06/2022 

24/05/2022 

27/06/2022 

16/02/2022 

28/06/2022 
18/07/2022 
24/11/2022 

08/02/2022 

29/04/2022 

15/12/2022 

26/01/2022 

27/04/2022 

106 

 
 
 
 
 
ANNEX 3 

Temporary Crisis Framework for State Aid measures to support the economy following 
the aggression against Ukraine by Russia: Decisions adopted by the Commission in 2022 
by country 

Nr 

Member State 

Case number 

Title 

Decision date 

1  Austria 

SA.103830 

2  Austria 

SA.104439 

3  Belgium 
4  Belgium 

SA.103314 
SA.103790 

5  Belgium 

SA.103842 

6  Belgium 

SA.104585 

7  Belgium 

SA.104588 

8  Belgium 

SA.104845 

9  Belgium 

SA.105119 

10  Bulgaria 

SA.103875 

11  Bulgaria 

SA.104779 

12  Croatia 

SA.103217 

13  Croatia 

SA.103167 

14  Croatia 

SA.103003 

15  Croatia 

SA.103558 

16  Croatia 

SA.103919 

TCF: Special aid measure to cushion the 
additional costs in agriculture due to the increase 
in the cost of inputs 
TCF - Austria - Energy cost subsidy for 
enterprises 
TCF: bridge loans in the Flemish Region 
TCF: Scheme to compensate for additional costs 
in the fisheries sector caused by the Russian 
aggression against Ukraine 
TCF: “Walloon schemes of temporary limited 
amounts of aid, public guarantees and subsidized 
loans for Walloon undertakings affected by the 
conflict in Ukraine”. 
TCF: State guarantee for natural gas and 
electricity suppliers and intermediaries 
TCF: Aid to undertakings facing increased 
energy costs following Russian aggression 
against Ukraine, regarding Q4 of 2022 
TCF: Amendments to SA.103314 (bridge loans 
in the Flemish region) 
TCF: Extension of the Belgian State guarantee 
for loans to natural gas, electricity suppliers, and 
intermediaries 
TCF: Aid to support the liquidity of farmers to 
overcome the negative economic impact of 
Russian aggression against Ukraine 
TCF: Aid to support the liquidity of farmers to 
overcome the negative economic impact of 
Russian aggression against Ukraine 
(amendments to SA.103875 (2022/N)) 
TCF: Support Programme for maize seed 
producers due to the difficult business conditions 
caused by the aggression against Ukraine by 
Russia 
TCF: Portfolio and individual insurance policy 
for exporters 
TCF: State Aid Scheme by Croatian Bank for 
Reconstruction and Development 
TCF: HBOR Guarantee Scheme for loans to 
middle market capitalization entities and large 
business entities 
Portfolio and individual insurance policy of 
liquidity and investment loand for exporters in 
line with Temporary Crisis Framework for State 

107 

05/08/2022 

18/11/2022 

12/07/2022 
01/08/2022 

26/09/2022 

28/10/2022 

05/12/2022 

05/12/2022 

20/12/2022 

16/08/2022 

15/11/2022 

23/06/2022 

01/07/2022 

07/07/2022 

26/08/2022 

29/08/2022 

 
 
 
 
17  Croatia 

SA.103920 

18  Croatia 

SA.105227 

19  Croatia 

SA.105228 

20  Cyprus 

SA.104833 

21  Cyprus 

SA.105054 

22  Czechia 
23  Czechia 

SA.103619 
SA.103616 

24  Czechia 

SA.104342 

25  Czechia 
26  Denmark 

SA.105065 
SA.104461 

27  Denmark 

SA.104475 

28  Denmark 

SA.104505 

29  Denmark 

SA.104602 

30  Estonia 

SA.103257 

31  Estonia 

SA.103350 

32  Estonia 

SA.103788 

33  Estonia 

SA.103936 

34  Estonia 

SA.105226 

35  Finland 

SA.102914 

36  Finland 

SA.103159 

Aid measures to support the economy following 
the aggression against Ukraine by Russia - 
Sections 2.1. and 2.2. 
State Aid Scheme by Croatian Bank for 
Reconstruction and Development in line with 
Temporary Crisis Framework for State Aid 
measures to support the economy following the 
aggression against Ukraine by Russia - Sections 
2.1 and 2.3  
TCF: Portfolio and individual insurance policy 
for exporters (amendment to SA.103167) 
TCF: State aid scheme by the Croatian Bank for 
Reconstruction and Development (amendment to 
SA.103003) 
TCF: State Aid Scheme for Agricultural and 
Livestock farming sectors and for organized 
groups of farmers 
TCF: Support plan for the Viticulture Sector 
(Wine Production) 
TCF: Opex 2022 – Loan Principal Reduction 
TCF: Opex – Food producers – Loan Principal 
Reduction 
Czechia - TCF: Aid in relation to additional costs 
due to exceptionally severe increases in natural 
gas and electricity prices 
TCF: EGAP Plus 
TCF: Danish deferral scheme for electricity, gas 
and heating 
TCF: Limited amounts of aid in the form of 
direct grants to cover SMEs' administration costs 
in relation to the Danish deferral scheme on 
energy prices   
TCF: Liquidity loan scheme for energy intensive 
undertakings 
TCF: Guarantee scheme for financial collaterals 
for electricity and gas companies 
TCF: Emergency support for the agricultural 
sector. 
TCF: Ukraine crisis loan guarantee scheme for 
small and medium-sized enterprises (including 
micro-enterprises) and large enterprises by Rural 
Development Foundation 
TCF: Guarantees by the Estonian Business and 
Innovation Agency 
TCF: Support for investments in the food 
industry to ensure security of energy supply 
TCF: Modification to SA.103788 (EIS) and 
SA.103350 (MES) 
TCF: Refund of property tax on agricultural 
production buildings for 2022 
Finnish national framework scheme for state aid 
measures - Temporary crisis framework for state 
aid measures to support the economy following 
the aggression against ukraine by russia (section 

108 

29/08/2022 

21/12/2022 

21/12/2022 

23/11/2022 

09/12/2022 

14/07/2022 
05/08/2022 

15/11/2022 

15/12/2022 
31/10/2022 

31/10/2022 

04/11/2022 

04/11/2022 

20/06/2022 

14/07/2022 

19/08/2022 

23/09/2022 

20/12/2022 

20/05/2022 

13/06/2022 

 
37  Finland 
38  Finland 

SA.103386 
SA.103668 

39  Finland 

SA.104150 

40  Finland 
41  Finland 

SA.104201 
SA.104267 

42  Finland 

SA.104224 

43  Finland 

SA.105249 

44  France 
45  France 

SA.102395 
SA.102784 

46  France 

SA.102783 

47  France 

SA.102839 

48  France 

SA.103240 

49  France 

SA.103280 

50  France 
51  France 

SA.103548 
SA.104067 

52  France 

SA.104325 

53  France 

SA.103934 

54  France 

SA.104958 

2.1 of TCF) 
TCF: Guarantee and subsidised loan scheme 
TCF: Temporary emergency support for 
livestock producers in response to the cost crisis 
in agriculture caused by Russia's invasion of 
Ukraine 
TCF: Crisis aid for fisheries - Aid granted to 
fishing and aquaculture undertakings based on 
the deterioration of the economic situation due to 
the Russian aggression against Ukraine 
Amendment to SA.103159 
Liquidity support to municipal electricity 
companies 
TCF: Liquidity support to systematically 
significant electricity producers 
TCF: Subsidised loan and guarantee scheme in 
the municipal energy sector (Amendment to 
SA.104267) 
TCF: Guaranteed State Loans “Resilience” 
TCF: Exceptional scheme to cover the additional 
animal feed costs of farms and fish farms 
TCF: Exceptional scheme for the reduction of 
the social security contributions in favour of 
undertakings in the agriculture, forestry and 
aquaculture sectors strongly affected by the 
consequences of the Russian aggression against 
Ukraine 
TCF: Support scheme for fishing companies to 
cope with the increase in the prices of raw 
materials and in particular energy linked to the 
Russian aggression against Ukraine 
TCF: Dispositif d’indemnisation exceptionnel 
des exploitations agricoles et des exploitations 
piscicoles d’élevage dans les départements 
d’Outre-Mer et en Corse 
TCF - France - Support to energy-intensive 
undertakings 
TCF: Modification to SA.102783 (2022/N)  
TCF: Support scheme for fishing companies to 
cope with the increase in the prices of raw 
materials and in particular energy linked to the 
Russian aggression against Ukraine 
(amendments to SA.102839 (2022/N)) 
TCF: Amendments to SA.103280 (2022/N) Aid 
measures for the additional costs of natural gas 
and electricity prices in favour of energy-
intensive businesses affected by the Ukrainian 
conflict 
TCF: Régime cadre relatif aux mesures 
temporaires en faveur des entreprises affectées 
par le conflit ukrainien  
TCF - France: Amendments to SA.104325 
(2022/N) Aid measures for the additional costs 

109 

15/07/2022 
19/07/2022 

08/09/2022 

13/09/2022 
07/10/2022 

07/10/2022 

21/12/2022 

07/04/2022 
10/05/2022 

16/05/2022 

18/05/2022 

17/06/2022 

30/06/2022 

12/07/2022 
26/08/2022 

29/09/2022 

01/12/2022 

16/12/2022 

 
55  France 

SA.105217 

56  France 

SA.104963 

57  France 

SA.105310 

58  Germany 

SA.102542 

59  Germany 

SA.102631 

60  Germany 

SA.103348 

61  Germany 

SA.104019 

62  Germany 

SA.104756 

63  Germany 

SA.104587 

64  Germany 

SA.104606 

65  Greece 
66  Greece 

67  Greece 
68  Greece 

69  Hungary 
70  Hungary 

SA.102633 
SA.103457 

SA.104056 
SA.103978 

SA.102986 
SA.103089 

71  Hungary 

SA.103315 

72  Hungary 

SA.104009 

73  Hungary 

SA.104515 

74  Hungary 

SA.104850 

of natural gas and electricity prices in favour of 
energy-intensive businesses affected by the 
Ukrainian conflict 
TCF: Support scheme for fishing companies to 
cope with the increase in the prices of raw 
materials and in particular energy linked to the 
Russian aggression against Ukraine 
(amendments to SA.102839 (2022/N)) 
TCF - Débridage d'installations éoliennes 
terrestres 
TCF: Exceptional scheme for the reduction of 
the social security contributions in favour of 
undertakings in the agriculture, forestry and 
aquaculture sectors strongly affected by the 
consequences of the Russian aggression against 
Ukraine (amendment to SA.102783 (2022/N)) 
TCF: Federal Framework -Small amounts of aid 
2022 („BKR- Bundesregelung Kleinbeihilfen 
2022") 
TCF: Umbrella schemes for guarantees on loans 
and subsidised loans 
TCF - Germany - Temporary cost containment of 
natural gas and electricity price increases 
(Energiekostendämpfungsprogramm) 
TCF: Modifications to SA.102542 and 
SA.102631 
TCF: Modifications to SA.102542, SA.102631, 
SA.104019 
TCF - Germany - Energy cost containment 
programme: Granting compensation to 
temporarily reduce the cost of natural gas and 
electricity price increases 
TCF - Germany - Temporary cost containment of 
natural gas, heat and electricity price increases 
TCF State Aid Grants in the livestock farmers 
Subsidy to companies affected by Russia's attack 
on Ukraine and international sanctions imposed 
TCF - Greece - Aid to newspaper publishers 
TCF - Greece - State Aid Grants in the Energy 
Sector 
TCF: Crisis Agricultural Guarantee Programme 
TCF: Hungarian umbrella scheme to support 
companies in context of Russia's invasion of 
Ukraine 
TCF: Garantiqa “Krízis 2 (Crisis 2)” Guarantee 
Program 
TCF: Hungarian umbrella scheme to support 
companies in context of Russia’s invasion of 
Ukraine (amendments to SA.103089) 
TCF: Support scheme in form of guarantees and 
subsidized loans 
TCF: Amendments to SA.102986, SA.103089 
(as amended), SA.103315 and SA.104515 

110 

20/12/2022 

21/12/2022 

21/12/2022 

19/04/2022 

04/05/2022 

14/07/2022 

18/08/2022 

22/11/2022 

19/12/2022 

21/12/2022 

01/06/2022 
05/08/2022 

23/09/2022 
03/10/2022 

17/06/2022 
20/06/2022 

11/07/2022 

31/08/2022 

26/10/2022 

09/12/2022 

 
75 

Ireland 

SA.102559 

76 

Ireland 

SA.102990 

77 
78 
79 
80 

81 
82 

Ireland 
Ireland 
Ireland 
Ireland 

Ireland 
Ireland 

SA.103406 
SA.103569 
SA.104737 
SA.104655 

SA.104761 
SA.105276 

83 

Italy 

SA.102522 

84 

Italy 

SA.102896 

85 

Italy 

SA.103166 

86 

Italy 

SA.103289 

87 

Italy 

88 

Italy 

89 
90 

Italy 
Italy 

91 

Italy 

92 

Italy 

93 
94 

Italy 
Italy 

SA.103480 

SA.103464 

SA.103286 
SA.103403 

SA.103316 

SA.103966 

SA.103965 
SA.104055 

95 
96 

Italy 
Italy 

SA.102721 
SA.104161 

97 

Italy 

SA.103947 

TCF: Licensed Haulage Emergency Support 
Scheme 
TCF: Tillage and Protein Crop Scheme under the 
Temporaty Crisis Frameword 
TCF: Fodder Support Scheme 
Ireland - Ukraine Enterprise Crisis Scheme 
TCF: Fodder Support Scheme 2023 
TCF - Temporary Business Energy Support 
Scheme  
TCF: Ukraine Credit Guarantee Scheme 
SA.105276 (2022/N) – Ireland - TCF: 
Amendments to SA.103569 - Ukraine Enterprise 
Crisis Scheme 
TCF: Umbrella scheme for the agricultural, 
forestry and fisheries and aquaculture sectors in 
compliance with the Temporary Crisis 
Framework 
TCF: Umbrella scheme for the measures to 
support undertakings active in the agricultural, 
forestry, fishery and aquaculture sectors in 
compliance with the Temporary Crisis 
Framework 
Garanties sur les prêts en faveursdes entreprises 
agricoles, de pêche et aquacoles affectées par la 
hausse du coût de l'énergie  
Partial exemption from the payment of social 
security contribution in disadvantaged areas 
affected by the Russian aggression against 
Ukraine 
TCF - IT - Emergency support scheme for 
haulage operators  
TCF: Direct grants to companies with 
commercial relationships in Ukraine, Russia, and 
Belarus affected by the current crisis 
TCF: SACE guarantee scheme 
TCF: Loan guarantees for SMEs and small mid-
caps 
COVID-19/TCF: Aid scheme to support 
investments in the areas affected by the seismic 
events of 2009 and 2016 (RRF 
TCF - Italy - Emergency Support Scheme for 
Haulage Operators (amend SA.103480) 
TCF: Amendment of SA.102896 (2022/N) 
TCF: Umbrella scheme for the agricultural, 
forestry and fisheries and aquaculture sectors in 
compliance with the Temporary Crisis 
Framework (amendments to SA.102522 
(2022/N)) 
TCF - Framework scheme Friuli Venezia Giulia 
TCF: Direct grants to companies with 
commercial relationships in Ukraine, Russia, and 
Belarus affected by the current crisis. 
TCF: Scheme to support undertakings active in 

111 

27/04/2022 

20/06/2022 

28/06/2022 
11/08/2022 
11/11/2022 
24/11/2022 

12/12/2022 
21/12/2022 

22/04/2022 

18/05/2022 

22/06/2022 

24/06/2022 

14/07/2022 

19/07/2022 

19/07/2022 
29/07/2022 

03/08/2022 

10/08/2022 

18/08/2022 
19/08/2022 

22/08/2022 
14/09/2022 

21/09/2022 

 
98 

Italy 

SA.104242 

99 

Italy 

SA.103752 

100 

Italy 

SA.104501 

101 

Italy 

SA.104566 

102 

Italy 

SA.104460 

103 

Italy 

SA.104358 

104 

Italy 

SA.104492 

105 

Italy 

SA.104509 

106 

Italy 

SA.104888 

107 

Italy 

SA.104881 

108 

Italy 

SA.104962 

109 
110 

Italy 
Italy 

SA.105080 
SA.105007 

111 

Italy 

SA.105191 

112 

Italy 

SA.104722 

Lombardy affected by the Russian aggression 
against Ukraine  
TCF: Direct grants to companies relying on 
supply from Ukraine, Russia and Belarus 
affected by the current crisis. 
TCF - Italy: Emergency Support Scheme for 
Haulage Operators using liquefied natural gas 
(LNG) as fuel 
TCF: Guarantees on loans in favour of 
agricultural, forestry, fishery and aquaculture 
undertakings having experienced an increase in 
energy costs (amendments to SA.103166 
(2022/N)) 
Italy TCF: Emergency Support for Bus Transport 
Operators 
TCF: Support for the productive system in the 
Campania Region to address liquidity needs after 
Russia’s aggression against Ukraine 
TCF: Fund for the support of enterprises affected 
by the Ukrainian crisis 
TCF: Exemption from the contribution paid by 
employers 
TCF: Marche Region scheme for the support of 
the economy after the Russian aggression against 
Ukraine 
TCF: Umbrella scheme for the agricultural, 
forestry and fisheries and aquaculture sectors in 
compliance with the Temporary Crisis 
Framework (amendments to SA.102522 
(2022/N) 
TCF: Guarantees on loans in favour of 
agricultural, forestry, fishery and aquaculture 
undertakings having experienced an increase in 
energy costs (amendments to SA.103166 
(2022/N)) 
Amendments to scheme SA.103289 (2022/N) 
“Decontribuzione SUD - Agevolazione 
contributiva per l'occupazione in aree 
svantaggiate colpite dalla aggressione militare 
russa in Ucraina” (partial exemption from the 
payment of social security contribution in 
disadvantaged areas affected by the Russian 
aggression against Ukraine) 
Prolongation of SA.103316 
TCF: Emergency Support Scheme for Haulage 
Operators. Amendment. 
TCF: Umbrella scheme for the measures to 
support undertakings active in the agricultural, 
forestry, fishery and aquaculture sectors in 
compliance with the Temporary Crisis 
Framework (amendments to SA.102896 
(2022/N)) 
TCF: Limited amounts of aid for undertakings 
and modifications to SA.103286 

112 

28/09/2022 

13/10/2022 

21/10/2022 

25/10/2022 

26/10/2022 

17/11/2022 

24/11/2022 

25/11/2022 

25/11/2022 

28/11/2022 

06/12/2022 

14/12/2022 
14/12/2022 

16/12/2022 

20/12/2022 

 
113 

Italy 

SA.105124 

114  Latvia 

SA.103359 

115  Latvia 
116  Latvia 

SA.103400 
SA.103707 

117  Latvia 

SA.104754 

118  Latvia 

SA.104408 

119  Latvia 

SA.104794 

120  Lithuania 
121  Lithuania 

SA.102772 
SA.103706 

122  Lithuania 

SA.103781 

123  Lithuania 

SA.104109 

124  Lithuania 

SA.104717 

125  Lithuania 
126  Lithuania 

127  Lithuania 
128  Lithuania 

SA.104975 
SA.105108 

SA.104853 
SA.104854 

129  Luxembourg 

SA.102724 

130  Luxembourg 

SA.103096 

TCF: Loan guarantees for SMEs and small mid-
caps (amendments to SA.103403) 
TCF: Liquidity support in the form of subsidised 
loans 
TCF: Guarantees on loans and leases 
TCF: Procedures for the granting of State aid to 
mitigate the negative economic consequences in 
the agricultural products processing sector 
TCF: State aid to mitigate negative economic 
impact on pig and poultry production and 
covered area vegetable production 
TCF - Latvia: Support for energy-intensive 
processing industry merchants to mitigate the 
economic consequences of Russia's military 
aggression against Ukraine 
TCF: Procedures for the granting of State aid to 
mitigate the negative economic consequences in 
the agricultural products processing sector 
(Amendments to State Aid SA.103707 (2022/N))  
TCF: Individual guarantees on loans and leases 
TCF: Guarantees and loans to support economic 
entities 
TCF Lithuania: Investment of legal entities in 
changing or reducing the use of fossil fuels and / 
or the use of renewable energy resources 
TCF: The Incentive Financial Instrument ‘Direct 
Loans to Business Operators Affected by War’ 
The measure “Subsidies to Enterprises Operating 
in Highly Affected Sectors to Mitigate the 
Effects of Energy Price Increase” 
TCF: Temporary State Aid for apple producers 
TCF: Guarantees and loans to support economic 
entities 
TCF: Individual guarantees on loans and leases 
TCF: The Incentive Financial Instrument “Direct 
Loans to Business Operators Affected by War” 
TCF: Aid scheme in the form of guarantees for 
the Luxembourg’s economy following Russia’s 
aggression against Ukraine  
TCF - Luxembourg - Aid scheme for companies 
particularly affected by the rise in energy prices 

20/12/2022 

01/08/2022 

01/08/2022 
22/08/2022 

14/11/2022 

25/11/2022 

02/12/2022 

02/06/2022 
23/08/2022 

30/08/2022 

21/09/2022 

14/11/2022 

12/12/2022 
14/12/2022 

14/12/2022 
14/12/2022 

20/05/2022 

26/07/2022 

131  Luxembourg 

SA.104396  Modification of SA.103096 TCF - Luxembourg - 

11/11/2022 

132  Luxembourg 

SA.104945 

133  Malta 
134  Malta 

SA.102758 
SA.102970 

135  Malta 

SA.103223 

136  Malta 

SA.103449 

Aid scheme for companies particularly affected 
by the rise in energy prices 
TCF: Prolongation and amendment of guarantee 
scheme SA.102724 
TCF: MDB Subsidised Loans Scheme ("SLS") 
TCF: Liquidity Support Guarantee Scheme and 
Interest Rate  Subsidy Scheme 
TCF: Financial compensation for fishers due to 
the increase of fuel prices caused by the Russian 
aggression against Ukraine 
TCF: Fertiliser Scheme to Land Farmers 

07/12/2022 

18/05/2022 
13/06/2022 

16/06/2022 

14/07/2022 

113 

 
137  Malta 

SA.104238 

138  Malta 

SA.104832 

139  Malta 

SA.104983 

140  Malta 

SA.105206 

141  Netherlands 
142  Poland 

SA.104994 
SA.102555 

143  Poland 
144  Poland 
145  Poland 
146  Poland 

SA.102866 
SA.102867 
SA.103176 
SA.103175 

147  Poland 

SA.103902 

148  Poland 

SA.103903 

149  Poland 

SA.105214 

150  Poland 

SA.105229 

151  Poland 

SA.104932 

152  Poland 

SA.105347 

153  Portugal 

SA.102757 

154  Portugal 

SA.103207 

155  Portugal 

SA.104277 

156  Portugal 

SA.104549 

157  Romania 

SA.103249 

158  Romania 
159  Romania 

SA.103626 
SA.104273 

State aid measure to support undertakings 
involved in fast ferry passenger sea transport 
between Malta and Gozo 
TCF: Amendments schemes SA.102758 and 
SA.102970  
TCF: State aid measure to support undertakings 
providing fast ferry passenger sea transport 
between Malta and Gozo 
TCF: Amendments to schemes SA.103223 
(2022/N) and SA.103449 (2022/N) 
TCF - Temporary energy price limit 
TCF - Aid to agricultural producers in 
connection with the increase in fertilizer prices 
following the aggression against Ukraine by 
Russia 
TCF - Guarantees on loans  
TCF - Guarantees on factoring products 
TCF: Aid in the form of loans 
Grants or loans from the funds of operational 
programmes for 2014-2020 to support the Polish 
economy in connection with the aggression 
against Ukraine by Russian Federation  
TCF - Amendment to scheme SA.102866 
"Guarantees on loans" 
TCF: Amendment of case SA.102867 
"Guarantees on factoring products" 
TCF: State aid measures (second amendment to 
SA.102866, SA.102867 and first amendment to 
SA.103176) 
TCF: Grants or loans from the funds of 
Operational Programmes for 2014-2020 to 
support the Polish economy in connection with 
the aggression against Ukraine by the Russian 
Federation (amendments to SA.103175) 
TCF: Aid for additional costs due to 
exceptionally severe increases in natural gas and 
electricity prices in Poland incurred in 2022 
TCF: Subsidised loan scheme for undertakings in 
the gas market 
TCF: Portugal - Limited amounts of aid in 
Portugal for the gas intensive industry 2022 
TCF - Portugal - Extraordinary and exceptional 
support for the undertakings of road freight 
transport for hire or reward 
TCF: Limited amounts of aid for the gas 
intensive industry 2022 
TCF - Aid for additional costs due to 
exceptionally severe increases in natural gas and 
electricity prices for the gas intensive industry 
Aid to undertakings involved in road transport of 
goods and persons 
TCF: The IMM Invest Plus State aid scheme 
TCF: Framework State aid scheme in the context 

114 

07/10/2022 

28/11/2022 

02/12/2022 

19/12/2022 

16/12/2022 
19/04/2022 

30/06/2022 
30/06/2022 
30/06/2022 
08/08/2022 

11/08/2022 

11/08/2022 

20/12/2022 

20/12/2022 

20/12/2022 

22/12/2022 

03/06/2022 

20/06/2022 

03/10/2022 

09/12/2022 

28/06/2022 

09/09/2022 
17/11/2022 

 
160  Romania 

SA.104570 

161  Romania 

SA.105291 

162  Slovakia 

SA.104395 

163  Slovakia 

SA.104815 

164  Slovakia 

SA.104846 

165  Slovakia 

SA.105113 

166  Slovakia 

SA.104872 

167  Slovenia 

SA.102841 

168  Slovenia 
169  Slovenia 

SA.103115 
SA.103664 

170  Slovenia 

SA.103723 

171  Slovenia 

SA.103726 

172  Slovenia 
173  Slovenia 

SA.103930 
SA.104110 

174  Slovenia 

SA.104116 

175  Slovenia 

SA.105106 

176  Spain 

SA.102650 

177  Spain 
178  Spain 

SA.102645 
SA.102615 

179  Spain 

SA.102613 

180  Spain 
181  Spain 
182  Spain 
183  Spain 

SA.102616 
SA.102711 
SA.102771 
SA.103941 

of the economic crisis caused by Russia’s 
aggression against Ukraine 
TCF: Support for operators in the milling 
industry, oils and fats, dairy products and animal 
feed preparations 
Aid to undertakings involved in road transport of 
goods and persons (amendments to SA.103249) 
TCF - State aid scheme to support the food 
sector following Russia's aggression against 
Ukraine 
TCF: State aid scheme to support primary 
agricultural production, fisheries and aquaculture 
TCF: State aid scheme to support undertakings 
following Russia's aggression against Ukraine 
TCF: State aid scheme to support primary 
agricultural production, fisheries and aquaculture 
(amendments to SA.104815 (2022/N)) 
TCF - Slovakia: Support scheme for enterprises 
operating in primary agricultural production in 
the context of Russia's aggression against 
Ukraine 
TCF-Soft loans to support the economy 
following the aggression against Ukraine by 
Russia 
TCF: Aid to the livestock sector 
TCF: Aid to the agricultural sector due to the 
high prices of energy products used for 
agricultural machinery 
TCF: Aid to the marine commercial fishing 
sector due to the high prices of energy products 
used to power fishing vessels 
TCF: Aid to the agricultural sector due to the 
high prices of reproductive material used for 
primary agricultural production 
TCF: Amendment of SA.103726 (2022/N) 
TCF: Amendments to the Protocol of SID bank 
on State aid in accordance with the TCF 
TCF - Slovenia - Aid to the economy due to high 
increases in electricity and natural gas prices 
TCF: Aid to the beekeeping sector due to the 
high prices of reproductive material 
TCF: Aid for the increase in the costs of milk 
producers 
TCF: Aid to fishing vessel companies 
TCF - Spain - Aid to transport sector due to 
increase in fuel prices 
TCF - Limited amounts of aid in Spain for the 
gas intensive industry 2022 
TCF: Aid to private rail freight undertakings 
TCF - National Guarantee Scheme 
TCF: Umbrella scheme 
TCF: Modifications to SA.102771, SA.102711, 
SA.102645, SA.102616 and SA.102615  

115 

18/11/2022 

21/12/2022 

12/10/2022 

23/11/2022 

30/11/2022 

09/12/2022 

20/12/2022 

30/06/2022 

13/07/2022 
22/07/2022 

27/07/2022 

28/07/2022 

08/08/2022 
13/09/2022 

10/10/2022 

12/12/2022 

28/04/2022 

02/05/2022 
04/05/2022 

10/05/2022 

13/05/2022 
02/06/2022 
10/06/2022 
18/08/2022 

 
184  Spain 

SA.104884 

185  Spain 

SA.105056 

186  Sweden 
187  Sweden 

SA.103489 
SA.103543 

TCF: Modifications to SA.102771 (as amended 
by SA.103941) 
TCF: Second amendment to the National 
Guarantee Scheme (SA.102711) 
TCF: Aid for agriculture due to increased costs 
TCF: Aid for fisheries due to increased costs 

12/12/2022 

20/12/2022 

06/07/2022 
07/07/2022 

116 

 
 
 
 
State aid decisions adopted directly under the Treaty in the context of aggression against 
Ukraine by Russia by country 

ANNEX 4 

Nr 

Member 
State 

Case 

Title 

Decision date 

Finland 

SA.104831 

Solvency support in favour of Meyer Turku Oy 

20/12/2022 

Germany 

SA.103662 

Temporary lignite power supply reserve to save 
gas  

30/09/2022 

Germany 

SA.105001 

Recapitalisation of SEFE GmbH 

20/12/2022 

Germany 

SA.103791 

Recapitalisation of Uniper SE 

Italy 

SA.103757 

TCF: State guarantee for reinsurance of natural 
gas and electricity trade credit risk 

Netherlands  SA.103012 

Gas storage Bergermeer 

Portugal 

SA.102569 

TCF - Portugal - MIBEL fossil cost adjustment 
mechanism 

Spain 

SA.102454 

TCF  - Spain - MIBEL fossil fuel cost 
adjustment mechanism 

20/12/2022 

30/09/2022 

12/07/2022 

08/06/2022 

08/06/2022 

1 

2 

3 

4 

5 

6 

7 

8 

117