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  COM(2023) 184 final  REPORT FROM THE COMMISSION Report on Competition Policy 2022 {SWD(2023) 76 final}  
 
 
1. Introduction ........................................................................................................................................ 1 

2. The Commission’s role in mitigating external economic shocks in times of disruption was crucial 2 

2.1.  Adoption  of  the  Temporary  Crisis  Framework  to  support  the  economy  following  Russia's 
invasion of Ukraine and Emergency Energy Communication ........................................................... 2 

2.2.  Phasing  out  the  State  Aid  Covid  Temporary  Framework  supporting  the  economy  in  the 
context of the coronavirus outbreak ................................................................................................... 4 

2.3. Implementing the Recovery and Resilience Facility .................................................................. 4 

3. Ensuring that competition rules remain fit for the future – progress on an extensive policy agenda 5 

3.1. Legislative initiatives to strengthen the competition policy toolbox .......................................... 5 

3.2. Updating antitrust and merger rules and guidance to make them fit for new challenges ........... 7 

3.3. Updating State aid rules and guidance to make them fit for new challenges ........................... 11 

3.4. Modernising DG Competition working methods to fit current and future enforcement needs 13 

4. Competition policy enforcement contributed to the Commission’s headline ambitions ................. 14 

4.1. Competition policy enforcement contributed to the digital transition and a strong and resilient 
Single Market ................................................................................................................................... 15 

4.2 Competition policy enforcement contributed to the green transition......................................... 21 

4.3. Competition policy contributed to an economy that works for people ..................................... 25 

5. Competition policy in a European and global context ..................................................................... 26 

5.1 Joining forces shaping a European and global competition culture ........................................... 26 

5.2. Competition policy cooperation across the world ..................................................................... 27 

 
 
 
 
1. Introduction 

The Annual Competition Report of 2022 is addressed by the European Commission (‘Commission’) 
to the European Parliament, the Council of the European Union, the European Economic and Social 
Committee  and  the  Committee  of  the  Regions.  It  describes  key  developments  in  EU  competition 
policy and enforcement during 2022. 

Europe  experiences  disruptive  and  unpredictable  times.  As  the  year  2022  began,  the  COVID-19 
pandemic  receded,  and  the  EU  was  on  a  path  towards  economic  recovery.  The  Recovery  and 
Resilience  Plans  (‘RRPs’)  of  most  EU  countries  became  operational  and  the  first  funds  were 
disbursed  to  Member  States,  boosting  the  recovery  of  the  EU  with  well-targeted  investments. 
Russia’s  war  of  aggression  against  Ukraine  led  to  immediate  and  major  disturbances  in  the  EU 
economy  and  a  call  for  coordinated  action  to  secure  adequate  and  affordable  energy  supplies, 
safeguard  economic  and  financial  stability,  food  security  and  protect  vulnerable  households  and 
companies.  While  addressing  these  challenges,  the  obligations  to  deliver  on  the  green  and  digital 
transitions remained.  

Under the leadership of President von der Leyen, the Commission used the policy instruments at its 
disposal to create and implement a policy mix  designed to mitigate the negative effects  of Russia’s 
war against Ukraine on the overall EU economy, its businesses and its population, while at the same 
time phasing out EU emergency measures implemented to address the COVID-19 pandemic.  

In March 2022, the Commission adopted a Temporary Crisis Framework allowing Member States to 
support  companies  and  sectors  severely  impacted  by  the  geopolitical  developments  in  compliance 
with  EU  State  aid  rules.  In  response  to  the  disruptions  in  global  energy  markets,  the  Commission 
adopted in May 2022  the REPowerEU plan1 (outline published in March 20222). The plan sets out 
ways  forward  for  adjusting  the  EU’s  energy  sector,  tackling  high  energy  prices  and  reducing 
dependence on imported fossil fuels. In October 2022, the Commission proposed a new emergency 
regulation to mitigate the impact of high gas prices in the EU, including through joint purchasing3. 

In 2022, the Commission continued its extensive evaluation of the EU competition policy framework 
to  ensure  that  all  enforcement  instruments  are  fit  for  current  and  future  challenges4.  Furthermore, 
new legislative tools which complement the competition policy tools were adopted.  

1  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. 
2  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, 8.3.2022. 
3  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. 
4 Commission Communication of 18 November 2021: ‘A competition policy fit for new challenges’, COM(2021) 713 final. 

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The Digital Markets Act (‘DMA’)5 entered into force in November 2022 and will  apply as of May 
2023. Its aim is to keep digital markets contestable and put an end to unfair practices by companies 
that act as gatekeepers in the online platform economy. Moreover, the Foreign Subsidies Regulation 
was  adopted  in  November  2022  and  will  enter  into  force  in  2023.  The  Regulation  will  close  a 
regulatory  gap  in  the  Single  Market,  where  market  distortive  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.  

The  Single  Market  Programme6  and  its  competition  policy  component  provides  stable  funding  for 
policy  and  enforcement  projects  increasing,  international  cooperation  and  competition  policy 
advocacy.  

In times of crisis, effective enforcement of the EU competition rules is more important than ever.  In 
2022, the Commission continued to enforce the EU competition rules in the areas of antitrust, merger 
control  and  State  aid  control  to  the  benefit  of  citizens  and  businesses  of  all  sizes.  EU  competition 
policy, in particular State aid policy, remained a crucial component of the EU’s multifaceted crisis 
response. 

2.  The  Commission’s  role  in  mitigating  external  economic  shocks  in  times  of 
disruption was crucial 

2.1.  Adoption  of  the  Temporary  Crisis  Framework  to  support  the  economy  following  Russia's 
invasion of Ukraine and Emergency Energy Communication 

To reduce the negative social and economic impact on the EU caused by Russia’s war of aggression 
against Ukraine – among other policy instruments - the Commission again used the flexibility of the 
State  aid  rules.  The  Commission adopted  the Temporary  Crisis  Framework7  making  it  possible  for 
Member States to remedy the liquidity shortage faced by undertakings that are directly or indirectly 
affected by the serious disturbance in the economy created by the Russian aggression against Ukraine 
and its direct and indirect effects, including the sanctions imposed by the Union and its international 
partners  and  the  counter-measures  taken  by  Russia.  During  the  year,  the  Commission  closely 
followed and assessed developments to see if further temporary changes of  the State aid rules were 
called for.  

5 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. 
6 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 (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 January 2021. 
7  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,  28.  10.2022,  p.  1).  This  Temporary  Crisis  Framework  replaced  the  Temporary  Crisis 
Framework adopted on 23 March 2022 (OJ C 131I, 24.3.2022, p. 1), as amended on 20 July 2022 (OJ C 280, 21.7.2022, p. 1). 

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The EU needs to expedite the rollout of renewable energy sources and speed up the decarbonisation 
of its energy supply in line with the REPowerEU objectives8. This is why the Commission amended 
the Temporary Crisis Framework in July 2022 to facilitate for Member States to set up schemes for 
renewable energy and the decarbonisation of industry. In October 2022, the Commission prolonged 
the Framework9 until 31 December 2023, and amended it to address the evolving needs of Member 
States  to  support  the  economy  following  Russia’s  continued  aggression  against  Ukraine.  The 
amendment  simplified  the  rules  for  compensating  firms  for  rising  energy  costs,  introduced  new 
measures aimed at supporting electricity demand reduction and set the main principles for potential 
recapitalisations,  especially  for  energy  companies.  Moreover,  the  amended  Temporary  Crisis 
Framework  increased  the  maximum  aid  levels  for  small  aid  amounts  and  provided  additional 
flexibility for guarantees for energy companies to cover their liquidity needs.  

Due to the crisis in Ukraine, a particular need for solvency support has emerged in the energy sector, 
in  particular  an  increased  need  for  financial  collaterals  for  trading  activities  on  the  energy  market. 
Therefore, the Temporary Crisis  Framework contains an amended  regime for this type of  solvency 
support. The Commission has accepted sector-specific schemes in Denmark, Belgium and Finland10. 
In  December  2022,  the  Commission  approved,  taking  account  of  the  commitments  provided  by 
Germany, aid measures to Uniper11 and SEFE GmbH12 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. 

In 2022, several Member States notified umbrella schemes namely crosscutting support to economic 
sectors  where  companies  have  been  negatively  impacted  by  the  war  in  Ukraine.  These  umbrella 
schemes13  were  approved  under  the  Temporary  Crisis  Framework,  in  accordance  with  Article 
107(3)(b) of the Treaty on the Functioning of the European Union (‘TFEU’). 

8  REPowerEU  is  the  Commission’s  plan  to  make  Europe  independent  from  Russian  fossil  fuels  before  2030,  in  light  of  Russia's  invasion  of 
Ukraine.  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. 
9 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 
10 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. 
11 Case SA.103791, Germany – Recapitalisation of Uniper SE. See: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_7830 
12 Case SA.105001, Germany – Recapitalisation of SEFE GmbH. See: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_7828 
13 For example, Germany notified an umbrella scheme with a EUR 11 billion budget. The German scheme included State guarantees for loans and 
subsidised loans, ensuring capital liquidity for companies in need. Case SA.102631, Germany TCF: Umbrella schemes for guarantees on loans 
and  subsidised  loans,  OJ  C  337,  2.9.2022,  p.  18.  Spain  notified  a  EUR  1.3  billion  umbrella  scheme.  The  Spanish  umbrella  scheme  included 
liquidity support in the form of loan guarantees and loans with subsidised interest rates. Case SA. 102771 Spain TCF: Umbrella Scheme, OJ C 
348, 9.9.2022, p. 9. Italy notified an umbrella scheme amounting to EUR 1.2 billion. The support was targeted to the agricultural, forestry, fishery 
and aquaculture sectors, including direct grants, tax or payment advantages, repayable advances and reduction or exemption from making social 
security  and  welfare  contributions.  Case  SA.  102896,  Italy  –  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, OJ C 337, 2.9.2022, p. 17. 

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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 for 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 Italy14, which however do not represent the amounts paid out. 

2.2.  Phasing  out  the  State  Aid  Covid  Temporary  Framework  supporting  the  economy  in  the 
context of the coronavirus outbreak 

The  Commission  continued  to  assess  aid  measures  directly  under  Article  107(3)(b)  TFEU,  Article 
107(3)(c) TFEU as well as under the Temporary Framework supporting the economy in the context 
of the coronavirus outbreak (‘Temporary Framework for State aid measures’)15. By the end of 2022, 
the  Commission  had  adopted  217  COVID-19-related  decisions  in  all  Member  States,  including 
decisions  under  the  Temporary  Framework  for  State  aid  measures16.  This  is  a  significant  decrease 
compared to 2021, when 1180 COVID-19-related decisions were adopted. 

As  the  public  health  measures  taken  in  light  of  Covid-19  health  crisis  situation  were  eased,  the 
Commission  decided  not  to  prolong  the  Temporary  Framework  for  State  aid  measures  beyond  30 
June 2022 except for investment support and solvency support measures, which are allowed until 31 
December  202317.  The  Temporary  Framework  for  State  aid  measures  allows  until  30  June  2023  a 
flexible  transition  under  clear  safeguards  for  converting  and  restructuring  debt  instruments  such  as 
loans and guarantees into other forms of aid, for example direct grants. 

2.3. Implementing the Recovery and Resilience Facility  

Implementation  of  the  Recovery  and  Resilience  Facility  (‘RRF’)18  -  the  centrepiece  of  the 
NextGenerationEU  initiative  -  continued  in  202219.  It  aims  to  promote  cohesion  among  Member 
States by mitigating the social and economic fallout of the COVID-19 pandemic and to better prepare 
the  EU  for  future  challenges,  notably  by  supporting  the  green  and  digital  transitions.  Most  of  the 
measures financed by the RRF do not constitute State aid. Out of those that do qualify as State aid, 
the  majority  can  be  implemented  directly  by  the  Member  States,  either  under  a  block-exemption 

14 Source: DG Competition internal database. 
15  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), 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). 
16 See Staff Working Document, Annex 1 and Annex 2 for a complete list of COVID-related Commission decisions. 
17 Communication from the Commission: Amendment to the Temporary framework for State aid measures to support the economy in the current 
COVID-19 outbreak, OJ C 423, 7.11.2022, p. 9. 
18 See: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_3131 
19  See  the  Recovery  and  Resilience  Scoreboard,  which  gives  an  overview  of  how  the  implementation  of  the  Recovery  and Resilience  Facility 
(RRF)  and 
is  progressing:  https://ec.europa.eu/economy_finance/recovery-and-resilience-
scoreboard/index.html?lang=en 

the  national  recovery  and  resilience  plans 

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regulation20 or under a de minimis regulation21. However, a number of measures have been notified 
for the Commission’s prior authorisation. During 2022, the Commission adopted State aid decisions 
on nearly 80 RRF-funded measures. 

3.  Ensuring  that  competition  rules  remain  fit  for  the  future  –  Progress  on  an 
extensive policy agenda 

3.1. Legislative initiatives to strengthen the competition policy toolbox  

The  Digital  Markets  Act  (‘DMA’),22  which  entered  into  force  in  November  2022,  is  now  in  the 
implementation phase. The DMA is an ex-ante regulation that aims to make the digital sector fairer 
and more contestable. Companies designated as ‘gatekeepers’ will have to comply with a pre-defined 
set of obligations and prohibitions. Enforcement of the DMA combined with the ex-post enforcement 
of  the  EU  competition  rules  will  result  in  fairer  and  more  competitive  market  conditions  for 
businesses and for consumers of digital services in the Single Market. As the central enforcer of the 
DMA,  the  Commission  will  work  in close cooperation  with  authorities  in  EU  Member  States.  The 
new  rules  are  without  prejudice  to  the  enforcement  of  the  EU  competition  rules  and  national 
competition rules for unilateral conduct. 

The Digital Markets Act23 
The  DMA  addresses  systemic  practices  that  may  arise  in  digital  markets.  A  firm  with  a  gatekeeper 
position  in  a  digital  market  may  be  able  to  act  as  a  de-facto  private  rule-maker,  creating  bottlenecks 
between  businesses  and  between  businesses  and  end-users.  The  DMA  defines  a  set  of  criteria  for 
identifying  gatekeepers  falling  under  the  Regulation.  When  an  online  digital  platform  meets  the 
quantitative  thresholds  it  will  be  presumed  to  be  a  gatekeeper.  The  quantitative  criteria  include  for 
example the number of yearly active business users and the number of monthly active end users. Firms 
exceeding the thresholds set by the Regulation are considered as gatekeepers with an entrenched market 
position. This  typically  allows them to influence market dynamics negatively. The Commission will be 
able  to  designate  gatekeepers  individually  by  making  qualitative  assessments.  Designated  gatekeepers 
will  have  to  comply  with  a  set  of  harmonised  rules  designed  to  keep  core  platform  services  markets 
contestable and restrict unfair conduct. 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. 

In  November  2022,  the  European  Parliament  and  the  Council  adopted  the  Regulation  on  foreign 
subsidies  distorting  the  internal  market24  (FSR).  The  Regulation  closes  a  regulatory  gap,  tackling 

20 Mainly Commission Regulation (EU) No 651/2014 of 17 June 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, as last amended by Commission Regulation (EU) 2021/1237, OJ L 
270, 29.7.2021, p. 39. 
21  Mainly  Commission  Regulation  (EU)  No1407/2013  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, OJ L 352, 24.12.2013, p. 1. 
22 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. 
23 The DMA will apply as of 2 May 2023. In 2022, the Commission prepared for enforcing the DMA, for example by drafting implementing acts, 
developing decision templates and setting up internal procedures for the operation of registries and IT systems. 

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foreign subsidies that distort competition in the Single Market. The Commission will soon be able to 
investigate and redress, when appropriate, the distortive effects caused by such foreign State support. 
The Regulation includes three tools: (i.) proposed concentrations where  at least one of the merging 
undertakings, the joint venture or the acquired undertaking have an EU turnover of at least EUR 500 
million and the foreign financial contribution exceeds EUR 50 million, will have to be notified to the 
Commission;  (ii.)  bids  in  EU  public  procurement  procedures  involving  foreign  financial 
contributions where the value of the procurement is at least EUR 250 million will have to be notified 
to  the  Commission;  and  (iii.)  the  Commission  will  be  empowered  to  investigate  ex-officio  other 
market  situations.  The  Commission  will  have  the  exclusive  competence to  enforce  the  FSR.  When 
the  negative  effects  of  the  foreign  subsidy  outweigh  its  positive  effects,  the Commission  will have 
the  power  to  impose  redressive  measures  or  accept  commitments  to  remedy  the  distortion.  Such 
measures and commitments  may include a range of structural or behavioural remedies, such as the 
divestment of certain assets or the prohibition of a certain market behaviour. The Commission will 
also  have  the  power  to  prohibit  a  subsidised  concentration  or  the  award  of  a  public  procurement 
contract to a subsidised bidder. 

The regulation will apply from 12 July 2023 and the notifications will become mandatory  from 12 
October 2023. 

24 Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal 
market, OJ L330, 23.12.2022, p. 1. 

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3.2. Updating antitrust and merger rules and guidance to make them fit for new challenges 

New Vertical Block Exemption Regulation and Vertical Guidelines adopted 

Article  101(1) TFEU  prohibits  vertical  agreements  between  two  or  more  undertakings  operating  at 
different  levels  of  the  production  or  distribution  chain,  if  these  agreements  restrict  competition. 
However,  under  Article  101(3)  TFEU,  such  agreements  are  compatible  with  the  Single  Market, 
provided  they  contribute  to  improving  the  production  or  distribution  of  goods  or  to  promoting 
technical or economic progress, while allowing consumers a fair share of the resulting benefits and 
without  eliminating  competition.  In  May  2022,  the  Commission  adopted  the  new  Vertical  Block 
Exemption Regulation (‘VBER’)25, accompanied by the new Vertical Guidelines26, which will help 
businesses  to  assess  the  compatibility  of  their  supply  and  distribution  agreements  with  EU 
competition  rules.  The  new  rules  take  into  account  market  developments  such  as  the  increase  in 
online  sales  and  emergence  of  new  actors  such  as  platforms.  Increased  clarity  and  greater 
transparency can help businesses achieve compliance at lower cost  - this is especially beneficial to 
small and medium-sized enterprises (SMEs). 

Draft rules on horizontal cooperation agreements published 

Horizontal  cooperation  between  competing  firms  can  bring  about  important  efficiency  gains  in 
certain  circumstances.  For  example,  such  cooperation  can  benefit  consumers  or  reduce  a  sector’s 
impact on the environment. This is why the Commission provides safe harbours for certain types of 
horizontal  cooperation  agreements.  To  ensure  that  the  rules  on  horizontal  cooperation  agreements 
remain  fit  for  purpose,  in  particular  to  address  the  challenges  of  digitalisation  and  the  green 
transition, the Commission launched, in March 2022, a stakeholder consultation on the draft revised 
Horizontal  Block  Exemption  Regulations  on  Research  &  Development  and  Specialisation 
agreements  and  on  the  draft  revised  Horizontal  Guidelines27.  The  proposed  rules  include  new 
guidance aimed to make it easier for companies to cooperate to pursue sustainability objectives. The 
proposed  rules  also  provide  additional  guidance  and  legal  certainty  to  companies  in  areas  such  as 
data sharing, mobile infrastructure sharing agreements and bidding consortia. In December 2022, the 
Commission  adopted  two  regulations  extending  the  validity  of  horizontal  block  exemption 
regulations  regarding  research  and  development  and  specialisation  agreements28.  The  block 
exemption regulations were due to expire on 31 December 2022 and the Commission extended them 
until 30 June 2023. 

25  Commission  Regulation  (EU)  No  2022/720  of  10  May  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 (VBER), OJ L 134, 11.5.2022, p. 4. 
26 Commission Notice: Guidelines on vertical restraints, OJ C 248, 30.6.2022, p. 1. 
27 Public consultation on the draft revised Horizontal Block Exemption Regulations and Horizontal Guidelines, from 1.3.2022 to 26.4.2022. See: 
https://competition-policy.ec.europa.eu/public-consultations/2022-hbers_en 
28 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; 
and 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. 

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Draft Motor Vehicle Block Exemption Regulation and Supplementary Guidelines published 

Vehicle-generated  data  is  becoming  an  increasingly  important  factor  of  competition  for  repair  and 
maintenance operators. The Commission has a specific regime for vertical agreements in the sector29, 
which  is  currently  under  review.  In  July  2022,  the  Commission  consulted  stakeholders  on  a  draft 
Regulation  extending  the  period  of  validity  of  Regulation  461/2010  (‘Motor  Vehicle  Block 
Exemption  Regulation’)30,  together  with  a  draft  Communication  amending  the  Commission  Notice 
containing  the  Supplementary  Guidelines31  to  address  the  data  issue.  The  proposed  changes  will 
provide clarity for companies concerning the way the Commission views issues related to access to 
data  generated  by  the  cars’  sensors  when  assessing  vertical  agreements  between  vehicle 
manufacturers  and  their  authorised  networks  under  EU  competition  rules.  The  aim  is  to  keep  the 
framework in place for five additional years until 31 May 2028, and extend the existing principles for 
the  provision  of  technical  information,  tools  and  training  necessary  for  the  provision  of  repair  and 
maintenance services to explicitly cover vehicle-generated data. 

Guidelines on collective agreements to improve working conditions of solo self-employed people 
adopted 

The  number  of  solo  self-employed  people  in  the  EU  is  relatively  high  and  some  face  difficult 
working  conditions.  Collective  negotiations  can  be  a  powerful  tool  to  improve  such  working 
conditions.  In  September  2022,  the  Commission  adopted  Guidelines  on  the  application  of  EU 
competition law to collective agreements regarding the working conditions of the solo self-employed 
people32.  The  purpose  of  the  Guidelines  is  to  explain  in  which  circumstances  EU  competition  law 
does not stand in the way of collective agreements to improve working conditions.  

Based  on  established  case-law  of  the  Court  of  Justice  of  the  European  Union33,  the  Guidelines 
describe situations where 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. 

29 The Motor Vehicle Block Exemption Regulation (‘MVBER’) regime consists of: (i) the Vertical Block Exemption Regulation (‘VBER’) and 
the Guidelines on Vertical Restraints (‘VGL’); and (ii) the sector-specific block exemption provisions, as provided for in the MVBER and the 
Supplementary Guidelines (‘SGL’), applicable to the distribution of spare parts and repair and maintenance services for motor vehicles. 
30  Commission  Regulation  (EU)  No  461/2010  of  27  May  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. 
31  Commission  Notice:  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. 
32 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. 
33 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.  

8 

 
                                                   
Revised Informal Guidance Notice adopted 

In order to allow businesses to seek informal guidance on the application of EU competition rules to 
novel  or  unresolved  questions,  the  Commission  adopted,  in  October  2022,  a  revised  Informal 
Guidance  Notice34.  This  is  another  important  step  towards  greater  transparency  and  easier 
compliance for businesses that want to make sure they abide by competition rules. 

Draft Market Definition Notice published 

In  November  2022,  the  Commission  published  a  draft  revised  Market  Definition  Notice  for  public 
consultation.35 The draft revised Market Definition Notice builds on the conclusions of the evaluation 
published in July 2021. The revised draft Notice  is the outcome of a thorough review process first 
launched in April 2020. The draft updates the 1997 Notice currently in force taking into account the 
significant  developments  of  the  intervening  years,  in  particular  digitalisation  and  new  ways  of 
offering  goods  and  services,  and  also  reflecting  the  interconnected  and  globalised  nature  of 
commercial  exchanges.  On  the  basis  of  the  evidence  gathered  during  the  consultation,  the 
Commission will revise and finalise the draft with a view to adopt a new Market Definition Notice in 
2023. 

Draft  Merger  Implementing  Regulation  and  the  draft  revised  Notice  on  Simplified  Procedure 
published 

The evaluation36 of procedural and jurisdictional aspects of EU merger control showed that the 2013 
Simplification Package37 had been effective in increasing the application of simplified procedures to 
unproblematic  mergers  and  in  reducing  the  administrative  burden  for  both  businesses  and  the 
Commission.  The  results  of  the  evaluation  indicated  that  there  is  merit  in  considering  further 
targeting of EU merger control, by expanding and clarifying the scope of the Notice on Simplified 
Procedure38 and by revising the Merger Implementing Regulation39, to further ease the administrative 
burden on both businesses and the Commission. Following the evaluation, the Commission launched 
a public consultation on a revised Notice and Merger Implementing Regulation  in May 2022.40 On 
28  October  2022,  the  Commission’s  Regulatory  Scrutiny  Board  adopted  a  positive  opinion  on  the 

34  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)  of  3  October  2022,  SWD(2022)  326,  3.10.2022.  See: 
https://competition-policy.ec.europa.eu/system/files/2022-10/coronavirus_informal_guidance_notice_antitrust_2022.pdf 
35 See European Commission Communication from the Commission, draft Commission Notice on the definition of the relevant market for the 
purposes of union competition law. See: https://competition-policy.ec.europa.eu/public-consultations/2022-market-definition-notice_en  
36 Commission Staff Working Document, Executive summary of the evaluation of procedural and jurisdictional aspects of EU merger control of 
26 March 2021, SWD(2021) 66, 26.3.2021. See: https://competition-policy.ec.europa.eu/system/files/2021-
04/SWD_findings_of_evaluation_summary.pdf 
37  Commission  Implementing  Regulation  (EU)  No  1269/2013  of  5  December  2013  amending  Regulation  (EC)  No  802/2004  implementing 
Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings, OJ L 336, 14.12.2013, p. 1. 
38 Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004, OJ C 366, 
14.12.2013, p. 5. 
39  Commission  Implementing  Regulation  (EU)  No  1269/2013  of  5  December  2013  amending  Regulation  (EC)  No  802/2004  implementing 
Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings, OJ L 336, 14.12.2013, p. 1. 
40 Public consultation on the Merger control in the EU – further simplification of procedures, from 6.5.2022 to 3.6.2022. See: https://competition-
policy.ec.europa.eu/public-consultations/2022-merger-simplification_en 

9 

 
                                                   
impact assessment report. Once adopted, the revised Implementing Regulation and Notice 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. 

Preparation of new Guidelines on sustainability agreements in agriculture 

The reform of the Common Agricultural Policy (‘CAP’) for the period 2023-2027 introduced a new 
exclusion to Article 101 TFEU,41 allowing agricultural producers and other operators in the agri-food 
supply  chain  to  agree  on  certain  restrictions  on  prices,  output  and  other  elements  of  competition 
provided  that  those  restrictions  are  indispensable  to  attain  sustainability  standards  going  beyond 
mandatory  standards  in  existing  EU  and  national  legislation.  This  possibility  concerns  certain 
environmental,  health  or  animal  welfare  standards.  In  2022,  the  Commission  carried  out  a  public 
consultation42  to  prepare  the  draft  guidelines  to  explain  this  exclusion.  The  aim  is  to  have  the 
Guidelines in place by the end of December 2023. 

Evaluation of the Consortia Block Exemption Regulation continued 

The  Consortia  Block  Exemption  Regulation  (‘CBER’)43  allows,  under  certain  conditions,  liner 
shipping companies (also known as carriers) to cooperate and provide joint services. As the CBER is 
due to expire on 25 April 2024, the Commission  launched an evaluation process to assess whether 
the Regulation is still fit-for-purpose. The evaluation will inform the Commission’s decision whether 
to further extend the CBER, extend it with changes or repeal it.  

Evaluation of the Regulation 1/2003 launched 

Regulation  1/200344  and  its  implementing  act,  Regulation  773/200445  establish  a  procedural 
framework aimed at ensuring the effective and uniform application of Articles 101 and 102 TFEU in 
the  EU.  New  challenges  for  the  enforcement  of  competition  rules  have  emerged  over  time,  for 
example the digitalisation of the economy and the increasing complexity of antitrust investigations. 
The  Commission  announced  in June  2022 the launch  of  a  public  consultation  seeking  feedback  on 

41 Article 210(a) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common 
organisation of the markets in agricultural products and repealing Council Regulation (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 
and (EC) 1234/2007, OJ L 347, 20.12.2013, p. 671. 
42 Public consultation on sustainability agreements in agriculture – guidelines on antitrust derogation – evaluation, from 28.2.2022 to 23.5.2022. 
See: 
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13305-Sustainability-agreements-in-agriculture-guidelines-on-
antitrust-derogation_en 
43 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. 
44 Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 
of the Treaty (Text with EEA relevance), OJ L 1, 4.1.2003, p. 1. 
45 Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 
and 82 of the EC Treaty (Text with EEA relevance), OJ L 123, 27.4.2004, p. 18. 

10 

 
                                                   
how the Regulations have performed since their entry into force46. The aim of the consultation is to 
collect evidence and views on the procedures applied in the antitrust investigations.  

3.3. Updating State aid rules and guidance to make them fit for new challenges 

Guidelines on State aid for climate, environmental protection and energy entered into force 

The Climate, Environmental protection and Energy aid Guidelines (‘CEEAG’)47, were adopted and 
became applicable in January 2022. They replace the previously applicable Environmental protection 
and  Energy  Aid  Guidelines48,  to  bring  the  framework  in  line  with  the  EU  objectives  set  out  in  the 
European  Green  Deal  and  with  the  climate  and  energy  targets  for  2030  and  2050.  The  CEEAG49 
allow Member States to support efforts towards decarbonisation, the circular economy, biodiversity, 
clean or zero-emission mobility and energy efficiency. 

Revised State aid Framework for research, development and innovation adopted 

The Commission supports the swift development and deployment of cutting edge and breakthrough 
technologies, facilitating the green and digital transitions of the EU economy  while contributing to 
the  new  European  Innovation  Agenda50.  In  October  2022,  the  Commission  adopted  a  revised 
Communication  on  State  aid  rules  for  research,  development  and  innovation51,  which  sets  out  the 
rules  under  which  Member  States  can  grant  State  aid  to  companies  for  research,  development  and 
innovation activities. 

State  aid  rules  in  the  agriculture  and  forestry  sectors  and  in  rural  areas  fit  for  the  green 
transition adopted 

With  the  focus  on aligning  the  State aid  rules  with  current EU  strategic priorities,  in  particular  the 
Common Agricultural Policy Strategic Plans52, the European Green Deal and Farm to Fork Strategy 
in  2022,  the  Commission  has  adopted  a  new  set  of  State  aid  rules  for  the  agriculture  and  forestry 
sectors and rural areas: the State aid Guidelines in the agricultural and forestry sectors and in rural 
areas and the Agricultural Block Exemption Regulation. In January 2022, the Commission launched 
a  public  consultation  on  the  proposed  revision  of  the  rules,  which  ran  until  March  2022.  The 
proposed  revision  would  make  it  easier  and  faster  for  Member  States  to  provide  funding  to 

46  Public  consultation  on  the  EU antitrust  procedural  rules  -  evaluation,  from  30.6.2022  to 6.10.2022.  See:  https://ec.europa.eu/info/law/better-
regulation/have-your-say/initiatives/13431-EU-antitrust-procedural-rules-evaluation_en 
47 Communication from the Commission: Guidelines on State aid for climate, environmental protection and energy, OJ C 80, 18.2.2022, p. 1. 
48 Communication from the Commission: Guidelines on State aid for environmental protection and energy 2014-2020, OJ C 200, 28.6.2014, p. 1. 
49 Communication from the Commission: Guidelines on State aid for climate, environmental protection and energy, OJ C 80, 18.2.2022, p. 1. 
50  Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European  Economic  and  Social  Committee  and  the 
Committee of the Regions – A New European Innovation Agenda, COM(2022)332, 5.7.2022. 
51 Communication from the Commission: Framework for State aid for research and development and innovation, OJ C 7388, 19.10.2022, p. 1. 
52 Regulation (EU) 2021/2115 of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by 
Member  States  under  the  common  agricultural  policy  (CAP  Strategic  Plans)  and  financed  by  the  European  Agricultural  Guarantee  Fund 
(‘EAGF’) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 
1307/2013, OJ L 435, 6.12.2021, p. 1. 

11 

 
                                                   
agriculture and forestry sectors and in rural areas, without causing undue distortions of competition 
in the Single Market.  

State aid rules in the fishery and aquaculture sectors 

In 2022, the Commission adopted a new block exemption regulation for the fishery and aquaculture 
sectors53 and issued new Guidelines for State aid in the fishery and aquaculture sectors54. The revised 
Guidelines aim to ensure that the economic development in fisheries and aquaculture takes place in 
full respect of the Common Fisheries Policy (‘CFP’), in particular the protection of fish stocks and 
the environment. The Guidelines take into account important policy and regulatory developments in 
these  sectors,  in  particular  the  entry  into  force  of  the  Regulation  creating  a  European  Maritime, 
Fisheries and Aquaculture Fund, a component of the CFP55. Finally, the Commission prolonged the 
current Fishery De Minimis Regulation until 31 December 202356.  

Revision of the State Aid General Block Exemption Regulation continued 

The General Block Exemption Regulation (‘GBER’) for State aid57 is being prolonged and revised to 
facilitate  the  green  and  digital  transition.  These  amendments  will  complement  the  revisions  of  the 
Guidelines on regional aid58, on aid for research and development and innovation, on risk finance aid, 
on  aid  for  the  deployment  of  broadband  networks  and  on  aid  for  environmental  protection  and 
energy. The Commission plans to adopt the amendment to the GBER in 2023.  

Commission revised State aid rules for Broadband Networks 

Following  a  public  consultation59,  the  Commission  adopted  a  revised  Communication  on  State  aid 
for  broadband  networks60  (‘Broadband  Guidelines’)  in  December  2022.  The  revised  Broadband 
Guidelines describes how the Commission will assess State aid measures notified by Member States 
to support the deployment and take-up of broadband networks in the EU. The new rules contribute to 
the EU’s strategic objectives of ensuring gigabit connectivity and 5G coverage for everyone61. 

53  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.  
54 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. 
55  Regulation  (EU)  2021/1139  of  the  European  Parliament  and  of  the  Council  establishing  the  European  Maritime,  Fisheries  and  Aquaculture 
Fund and amending Regulation (EU) 2017/1004, OJ L 247, 13.7.2022, p. 1. 
56 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. 
57  Commission  Regulation  (EU)  No  651/2014  of  17  June  2014  declaring  certain  categories  of  aid  compatible  with  the  internal  market  in 
application of Articles 107 and 108 of the Treaty. 
58 Communication from the Commission Guidelines on regional State aid, OJ C 153, 29.4.2021, p. 1. 
59 Draft Communication from the Commission Guidelines on State aid for broadband networks, 19.11.2021.  
60 Communication from the Commission: Guidelines on State aid for broadband networks, COM(2022) 9343 final, 12.12.2022. 
61 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7595  

12 

 
                                                   
Commission proposed rules to simplify procedures for State aid to green transport 

In  July  2022,  the  Commission  adopted  a  proposal  for  a  new  Council  Regulation62.  The  Council 
adopted  the  Regulation  in  December  2022.  The  Regulation  enables  the  Commission  to  adopt 
regulations exempting from prior notification aid measures for rail, inland waterway and multimodal 
transport  in  line  with  Article  93  TFEU.  The  aim  of  the  Commission’s  initiative  is  to  simplify 
procedures  for  State  aid  supporting  green  transport  modes,  such  as  rail,  inland  waterway  and 
multimodal transport. It goes hand in hand with the review of the Railway Guidelines on which the 
Commission  continued  to  work  in  parallel  in  2022.  Those  Guidelines  aim  at  promoting  the  modal 
shift from road to rail transport and thus contribute to achieving the climate objectives. 

Roadmap for a possible prolongation of the Aviation Guidelines 

In July 2022, the Commission published a Roadmap informing stakeholders and other interested 
parties  about  the  possibilities  to  prolong  by  one  to  three  years  the  rules  on  operating  aid 
contained  in  the  Aviation  Guidelines63.  The  purpose  of  such  a  prolongation  would  be  to  avoid 
potential failure of regional airports due to the impact of the COVID-19 crisis before a complete 
review of the Aviation Guidelines has been carried out. 

3.4. Modernising DG Competition working methods to fit current and future enforcement needs 

In  2022,  the  Directorate  General  for  Competition  continued  its  efforts  to  make  its  investigatory 
processes and other activities more efficient, by using digital tools in line with its  Digital Strategy. 
DG  Competition  reduced  the  regulatory  burden  for  parties  that  continue  to  use  the  State  Aid 
Reporting  Interactive  (‘SARI2’),  ‘eConfidentiality’  and  ‘eRFI’  tools.  Moreover,  DG  Competition 
upgraded its ‘eLeniency’ platform to provide companies involved in cartel and antitrust proceedings 
easy and secure access to documents online.  

EU competition law enforcement was facilitated further by continued  investment in state-of-the-art 
digital  solutions,  including  the  CASE@EC  case  management  system.  Given  the  sensitive  and 
confidential  nature  of  the  information  it  handles,  DG  Competition  continued  to  update  IT  security 
plans for new as well as existing digital solutions. Moreover, DG Competition put in place additional 
safety and monitoring measures to ensure continued cyber security and cyber resilience in 2022 and 
beyond. DG Competition’s internal Digital Strategy is anchored in the European Commission’s Next 
Generation Digital Strategy adopted in 2022.64 

In  2022,  DG  Competition  further  developed  its  digital  investigation  tools  by  using  corporate 
intelligence,  data  and  machine  learning  services.  A  dedicated  unit  conducting  intelligence  and 
investigative  analyses  as  well  as  providing  forensic  IT  support  was  renamed  ‘Data  Analysis  and 

62 Proposal for a Council Regulation 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, COM(2022) 327 final, 6.7.2022. 
63 Communication from the Commission: Guidelines on State aid to airports and airlines, of 4 April 2014, OJ C 99, 4.4.2014, p. 3. 
64  Communication  to  the  Commission:  European  Commission  digital  strategy  Next  generation  digital  Commission,  Brussels,  C(2022)  4388, 
30.6.2022.  

13 

 
                                                   
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. In December 2022, a new Directorate was created which will 
be responsible for the implementation of the DMA.  

In 2022, the Commission continued with its competition policy advocacy and outreach activities at 
multiple  levels  to  support  the  effectiveness  of  EU  competition  policy,  most  prominently  with 
Executive Vice-President Vestager participating in events and press conferences. Dedicated outreach 
activities  at  Member  State  level  were  organised  to  complement  press  releases,  policy  briefs, 
newsletters and social media communication channels.65 

4. Competition policy enforcement contributed to the Commission’s headline 
ambitions 

EU competition policy enforcement provides substantial benefits for consumers and customers. DG 
Competition  estimates66  that  direct  customer  savings  generated  by  the  Commission’s  antitrust  and 
merger enforcement over the period 2012-2021 range between EUR 120 billion and EUR 210 billion. 
On average, antitrust and merger enforcement generated some EUR 12 billion to EUR 21 billion in 
direct customer benefits per year (see graph below).  

In addition to these estimates, overall customer benefits  considered to be  generated by competition 
policy enforcement also include: 

(1)  indirect  or  deterrent  effects  generated  by  enforcement,  for  example  when  firms  refrain  from 
engaging in anti-competitive conduct or concluding anti-competitive merger agreeements; and 

(2) positive effects on innovation and product or service quality.  

Indirect deterrent effects are difficult to estimate. However, economists agree that indirect customer 
savings are likely to exceed by far direct customer savings. Recent modelling of the macro-economic 
effects67 of competition  policy enforcement suggests  that antitrust and merger enforcement savings 
generated by the Commission during the last ten 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 
term68.  

See: 

65 See for example the animation published on YouTube: https://youtu.be/3yQkOwvdl-Q  
66  See  Competition  Policy  Brief  2022/1,  Customer  savings  generated  by  the  Commission’s  antitrust  and  merger  enforcement:  a  10-year 
perspective. 
https://op.europa.eu/en/publication-detail/-/publication/dbfa0d39-5350-11ed-92ed-01aa75ed71a1/language-en/format-
PDF/source-273802603 
67  European  Commission  (2022),  ‘Modelling  the  macroeconomic  impact  of  competition  policy:  2021  update  and  further  development’,  report 
prepared by the Directorate-General for Competition, the Joint Research Centre and the Directorate-General for Economic and Financial Affairs, 
Publications Office of the European Union. 
68  See  Competition  Policy  Brief  2022/1,  Customer  savings  generated  by  the  Commission’s  antitrust  and  merger  enforcement:  a  10-year 
perspective, p. 6-7. 

14 

 
                                                   
Customer savings (2012-2021) in bn EUR

40

20

0

Merger

Cartel

Antitrust

In  October  2022,  the  Commission  published  the  2022  Eurobarometer  survey  dedicated  to  EU 
competition policy69. The results clearly indicate that well-functioning competitive markets improve 
people’s daily lives and that they have a positive impact on SMEs. Competitive markets bring lower 
prices, more choice and more innovative products and services. 

4.1.  Competition  policy  enforcement  contributed  to  the  digital  transition  and  a  strong  and 
resilient Single Market 

Through the headline ambition ‘A Europe fit for the digital age’, President von der Leyen defined the 
digital area as one of her key priorities for the Commission. In competitive markets, companies must 
innovate  and  be  efficient  to  grow70.  An  effective  enforcement  of  the  EU  competition  rules  and 
regulatory reforms  is of  vital importance for the digital transformation of the EU economy and  for 
strengthening the resilience of the Single Market. 

Enforcement  in  antitrust  contributed  to  the  digital  transition  and  a  strong  and  resilient  Single 
Market 

In  the  telecommunications  sector,  the  Commission  accepted  in  July  2022  a  set  of  commitments 
offered by T-Mobile CZ, CETIN and O2 CZ in Czechia71. These commitments set the framework for 
the beneficial effects  of network sharing, limit the exchange of commercially sensitive information 
between  the  network  sharers  and  preserve  for  each  party  the  technical  and  financial  incentives  to 
deploy additional network capacity on their own. 

E-commerce  has  boosted  retail  competition  and  brought  wider  choice  and  better  prices  for 
consumers.  The  Commission  needs  to  ensure  that  large  online  platforms  do  not  eliminate  these 
benefits  through  anticompetitive  behaviour.  In  this  context,  the  Commission  decided  to  examine 
Amazon's  business  practices  and  its  dual  role  as  marketplace  and  retailer.  In  July  2022,  the 

69 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_6374  
70 The importance of competition and innovation is also highlighted in the Communication from the Commission to the European Parliament, the 
Council,  the  European  Economic  and  Social  and  the  Committee  of  the  Regions,  ‘An  SME  Strategy  for  a  sustainable  and  digital  Europe, 
10.3.2020,  COM(2020)  103  final;  and  in  the  Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  and  the  Committee  of  the  Regions,  ‘Updating  the  2020  New  Industrial  Strategy:  Building  a  stronger  Single  Market  for 
Europe’s recovery’, 25.5.2021, COM(2021) 350 final. 
71 The commitments are available at https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=1_40305 

15 

 
 
                                                   
Commission  invited  comments72  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.  In  December  2022,  the  Commission 
concluded that the  final commitments offered by Amazon addressed the Commission's competition 
concerns and made them legally binding under EU antitrust rules.73 

In  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.74 The 
Commission is concerned about Meta tying its online classified ads  service, Facebook Marketplace, 
to  its  personal  social  network,  Facebook  and  about  Meta  imposing  unfair  trading  conditions  on 
Facebook Marketplace's competitors.  

Also in December 2022, the Commission closed an investigation75 opened in March 2022 concerning 
an  agreement  known  as  the  ‘Jedi  Blue’  agreement  between  Google  and  Meta  for  online  display 
advertising services. 

Mobile payments play a rapidly growing role in our digital economy and consumers should benefit 
from  competitive  and  innovative  payment  solutions.  In  2022,  the  Commission  continued  its 
investigation76  to  assess  whether  Apple's  conduct  in  connection  with  Apple  Pay  violates  EU 

and  Case  AT.40703,  Amazon  Buy  Box,  Commitment 

72  Case  AT.40462,  Amazon  Marketplace 
https://ec.europa.eu/competition/antitrust/cases1/202229/AT_40462_8414012_7971_3.pdf  
73  Case  AT.40462,  Amazon  Marketplace  and  Case  AT.40703,  Amazon  Buy  Box,  Commission  decision  of  20  December  2022.  See: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7777  
74 See https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7728 
75 Case AT.40774, Google-Facebook (Open Bidding) agreement; see also the press release of 11.3.2022: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_1703 
76 Case AT.40452, Apple – Mobile payments. See: https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=1_AT_40452. 

proposal. 

See: 

16 

 
 
                                                   
competition  rules.  In  the  Statement  of  Objections77,  issued  in  May  2022,  the  Commission 
preliminarily  found  that  Apple  may  have  restricted  competition  to  the  benefit  of  its  own  solution, 
Apple Pay. 

In  2022,  the  General  Court  rendered  several  important  judgments  relating  to  the  Commission 
antitrust enforcement activities. 

Judgment of the General Court in the Google Android Case78 
In September 2022, the General Court largely confirmed the Commission’s 2018 decision79, 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 both 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.  

Judgment of the General Court in the Qualcomm Case80 
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. 

Judgment of the General Court in the Intel Case81 
The  General  Court  annulled  in  part  the  Commission’s  decision  from  2009  which  imposed  a  EUR  1.06 
billion  fine  on  Intel  for  alleged  abuse  of  its  dominant  position  by  offering  loyalty  rebate  schemes  and 
other exclusivity payments. The judgment applied the judgment of the Court of Justice on appeal against 
the  General  Court’s  2014 judgment  in  Intel,  which  held  that the  General  Court  had  erred in  not taking 
account of the economic analysis relied on by Intel to show that its rebates were not capable of restricting 
competition.  The  General  Court  found  that  the  ‘as  efficient  competitor  test’  applied  in  the  Decision  to 
confirm  the  capability  of  Intel’s rebates  to  foreclose competition  was  flawed, and  that the  Commission 
had not sufficiently examined other indicators of capability to foreclose. The Commission has appealed 
the General Court judgment. 

77 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_2764 
78 Judgment of the General Court of 14.9.2022, Case T-604/18, Google LLC and Alphabet, Inc. v European Commission, EU:T:2022:54. 
79 Case AT.40099, Google Android. See: https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=1_AT_40099  
80 Judgment of the General Court of 1.8.2022, Case T-235/18, Qualcomm v Commission, EU:T:2022:358. 
81 Judgment of the General Court of 26.1.2022, Case T-286/9, Intel Corporation, Inc. v Commission, EU:T:2022:19. 

17 

 
 
 
 
                                                   
Merger control contributed to digital transition and a strong and resilient Single Market 

In  2022,  the  Commission’s  merger  control  activities  remained  at  a  high  level.  The  Commission 
adopted  368  merger  decisions  in  various  sectors  (in  2021  the  Commission  adopted  396  merger 
decisions)  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 
and two were prohibited. Four notified transactions were abandoned by the parties and withdrawn in 
Phase II. 

In  January  2022,  the  Commission  prohibited  the  acquisition  of  Daewoo  Shipbuilding  &  Marine 
Engineering CO., Ltd by Hyundai Heavy Industries Holdings 82. According to the Commission, the 
merger between the two shipbuilders would have created a dominant position by the newly merged 
company and reduced competition in the worldwide market for the construction of large liquefied gas 
(LNG)  carriers.  Given  that  no  remedies  were  submitted,  the  merger  would  have  led  to  fewer 
suppliers and higher prices. 

In  January  2022,  following  an  in-depth  investigation  and  subject  to  conditions,  the  Commission 
approved the acquisition of Kustomer by Meta83. To address the competition concerns identified by 
the Commission, Meta offered comprehensive access commitments  to the application programming 
interfaces  for  Meta's  messaging  channels  with  a  ten-year  duration84.  The  Commission  carefully 
reviewed the acquisition because transactions such as this one could further strengthen large players 
that  increasingly  dominate  the  digital  economy,  irrespective  of  the  target  company's  size.  The 
commitments offered by Meta ensure that its rivals will continue to have free and comparable access 
to Meta's important messaging channels. 

In  June  2022,  the  Commission  approved  the  acquisition  of  Welbilt  by  Ali  Group  subject  to 
conditions85. Ali Group and Welbilt are global suppliers of professional kitchen equipment, including 
ice-making machines used in the hospitality and industrial sectors. The commitments offered in this 
case include the divestment of Welbilt’s entire ice-making machines business. This will ensure that a 
new  player  on  the  market  will  continue  to  exert  competitive  pressure  on  the  merged  entity,  while 
customers will retain a choice of suppliers. 

In September 2022, the Commission, prohibited Illumina's  prematurely implemented acquisition of 
GRAIL following an in-depth investigation86. Illumina is the dominant supplier of NGS systems for 

82 Case M.9343, Hyundai Heavy Industries Holdings/Daewoo Shipbuilding & Marine Engineering. See: 
https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=2_M_9343  
83 Case M.10262, Meta (Formerly Facebook)/Kustomer. See: 
https://ec.europa.eu/competition/mergers/cases1/202242/M_10262_8559915_3054_3.pdf 
84 A public API access commitment: Meta commits to guarantee non-discriminatory access, without charge to its publicly available APIs for its 
messaging  channels  to  competing  customer  service  CRM  software  providers  and  new  entrants.  A  core  API  access-parity  commitment:  To  the 
extent  any  features  or  functionalities  of  Messenger,  Instagram  messaging  or  WhatsApp  that  are  used  by  Kustomer's  customers  today  may  be 
improved or updated, Meta commits to also make available equivalent improvements to Kustomer's rivals and new entrants. This would also hold 
for any new features or functionalities of Meta messaging channels in the future if used by a sizeable proportion of Kustomer's customers. 
85 Case M.10431, Ali Group/Welbilt, OJ C 469, 9.12.2022, p. 16.  
86 Case M.10188, Illumina/GRAIL. See: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_5364  

18 

 
                                                   
genetic and genomic analysis. GRAIL is a customer of Illumina, using its NGS systems to develop 
cancer  detection  tests.  The  Commission  found  that  with  the  transaction,  Illumina  would  have  an 
incentive  to  cut  off  GRAIL's  rivals  from  accessing  its  technology,  or  otherwise  disadvantage  them 
and thereby stifle innovation competition in the nascent market for NGS-based cancer detection tests. 

Despite  the  Commission’s  pending  in-depth  investigation,  the  companies  implemented  the 
transaction  in  August  2021.  In  reaction  to  the  premature  closing,  the  Commission  adopted  interim 
measures  to  restore  and  maintain  the  conditions  of  effective  competition  following  Illumina's 
acquisition  of  GRAIL87.  In  parallel,  the  Commission  opened  an  investigation  to  assess  whether 
Illumina breached the ‘standstill obligation' imposed on transactions subject to review under the EU 
Merger Regulation. In this context, the Commission adopted a Statement of Objections in July 2022, 
alleging  that  Illumina  and  GRAIL  had  breached  the  EU  Merger  Regulation  by  implementing  the 
acquisition prior to obtaining the Commission's merger control approval. If the Commission were to 
conclude  that  Illumina  and  GRAIL  did  implement  the  transaction  in  breach  of  the  EU  Merger 
Regulation,  it  could  impose  a  fine  of  up  to  10%  of  each  company's  annual  worldwide  turnover88. 
Moreover, 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 Illumina89.  

The EU General Court upheld the Commission’s Article 22 Review in the Illumina/GRAIL90 ruling 
In the Illumina/GRAIL case, the Commission gave Article 22 of the EU Merger Regulation its full effect 
by accepting the referral of a transaction that fell below national notification thresholds. This followed the 
announcement  by  Executive  Vice  President  Vestager  that  the  Commission  would  no  longer  discourage 
Member  States  from  requesting  referrals  of  cases  to  the  Commission  which  are  not  notifiable  in  the 
referring  Member  State.  Referring  such  cases  to  the  Commission  ensures  that  mergers  involving 
companies with annual turnovers which do not appropriately reflect their impact on competition can be 
reviewed by the Commission91 for the referring Member States. The Commission published guidance on 
this matter in March 202192, followed by practical information on its implementation in December 202293. 
Illumina and GRAIL challenged the 2021 decisions by the Commission accepting referrals under Article 
22 from several Member States/EEA States. In July 2022, the General Court dismissed the application94. 
The General Court confirmed that transactions under Article 22 of the EU Merger Regulation do not need 
to  fall  within  the  scope  of  the  merger  control  rules  in  the  Member  State  requesting  the  referral.  The 
General  Court  judgment  confirms  the  Commission’s  right  to  take  jurisdiction  through  Article  22  over 

87 Case M.10493, Illumina/GRAIL (Interim measures under Art. 8(5)a). See: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_5661  
88 Case M.10483, Illumina/GRAIL (Art. 14 procedure). See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_4604  
89 Case M.10939, Illumina/GRAIL. See: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_7403 
90 Judgment of the General Court of 13.7.2022, Case T-227/21, Illumina, Inc. v European Commission, EU:T:2022:447. 
91  Speech  by  EVP  Vestager  of  11.9.2020  on  ‘The  Future  of  EU  Merger  Control’,  https://ec.europa.eu/commission/commissioners/2019-
2024/vestager/announcements/future-eu-merger-control_en.  
92 Communication from the Commission: Commission Guidance on the application of the referral mechanism set out in Article 22 of the Merger 
Regulation to certain categories of cases, 26.3.2021 C(2021) 1959 final. 
93  Practical  information  on  implementation  of  the  ‘Guidance  on  the  application  of  the  referral  mechanism  set  out  in  Article  22  of  the  Merger 
Regulation 
(Q&A).  See:  https://competition-
policy.ec.europa.eu/system/files/2022-12/article22_recalibrated_approach_QandA.pdf.  
94 Judgment of the General Court of 13.07.2022, T-227/21, Illumina, Inc. v European Commission, EU:T:2022:447. 

-  Frequently  Asked  Questions  and  Answers 

to  certain  categories  of  cases’ 

19 

 
                                                   
mergers despite the fact that the transaction falls below national merger control thresholds. The judgment 
is currently under appeal before the Court of Justice95. 

In July 2022, the Commission opened an in-depth investigation to assess the proposed acquisition of 
VOO  and  Brutélé  by  Orange96.  Orange  has  been  a  successful  challenger  to  Voo/Brutele's 
telecommunication  services  in  parts  of  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. 

In  November  2022,  the  Commission  opened  an  in-depth  investigation  to  assess  the  proposed 
acquisition  of  Activision  Blizzard  by  Microsoft97.  The  Commission  is  concerned  that  the  proposed 
acquisition  may  reduce  competition  in  the  markets  for  the  distribution  of  console  and  personal 
computers (‘PCs’) video games and for PC operating systems. 

In  November  2022,  the  European  Commission  opened  an  in-depth  investigation  to  assess  the 
proposed  acquisition  of  Lagardère  by  Vivendi98.  The  parties  are  the  first  and  second  largest 
companies on most markets in the books value chain in France. 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,  and  (iii)  the 
sales of French-language books to retailers. The Commission also identified competition concerns in 
relation to the sale of celebrity magazines. 

In  December  2022,  the  Commission  opened  an  in-depth  investigation  to  assess  the  proposed 
acquisition  of  VMware  by  Broadcom99.  Broadcom  is  a  supplier  of  hardware,  primarily  network 
interface  cards  and  adapters,  whereas  VMware  offers  virtualisation  software.  The  Commission  is 
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. 

In  February  2022,  the  Commission  found  that  Hungary  infringed  Article  21  of  the  EU  Merger 
Regulation through its decision to veto the acquisition of the Hungarian subsidiaries of the  AEGON 
Group by Vienna Insurance Group AG Wiener Versicherung Gruppe (‘VIG’)100. Article 21 of the EU 
Merger  Regulation  grants  the  Commission  exclusive  competence to examine  concentrations  with  a 
Union  dimension.  Member  States  may  only  take  measures  to  protect  legitimate  interests  under 
certain  conditions,  which  were  not  met  by  Hungary’s  veto  as  it  was  not  communicated  to  the 
Commission  in  advance  and  it  was  unclear  whether  it  was  aimed  to  protect  Hungary’s  legitimate 

95 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. 
96 Case M.10663, Orange/VOO/Brutele, See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_4762  
97 Case M.10646, Microsoft/Activision Blizzard, See: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_6578  
98 Case M.10433, Vivendi/Lagardere, See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7243 
99 Case M.10806, Broadcom/VMware, See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7835  
100 See: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_1258 

20 

 
 
                                                   
interest.  The  decision  affirmed  the  Commission’s  exclusive  competence  and  that  Member  States 
must ensure their actions respect this division of competences so that businesses can invest and make 
use of the Single Market with confidence. 

State aid control contributed to the digital transition and the resilience of the Single Market 

State  aid  projects  contribute,  among  other  things,  to  the  roll-out  of  high  performance  broadband 
networks in the EU in areas where there is no or little incentive for commercial operators to provide 
sufficient  broadband  coverage.  To  balance  the  aid  across  the  EU,  the  Commission  has  worked  in 
close cooperation with Member States to ensure that national support measures can be put in place as 
quickly and effectively as possible.  

For example, in January 2022, the Commission approved a EUR 3.8 billion Italian scheme supported 
by the Recovery and Resilience Facility (‘RRF’) to deploy high-performing gigabit networks in areas 
of the country where there is no current or planned network able to provide  download speeds of at 
least 300 megabits per second. The measure is a part of Italy’s national digitalisation plan101. 

In October 2022, the Commission approved a EUR 292.5 million Italian measure supported by the 
RRF  to  support  STMicroelectronics  constructing  a  plant  in  the  semiconductor  value  chain102.  The 
assessment  was  made  in  line  with  the  principles  announced  by  the  Commission  in  the 
communication adopted in February 2022, for example the positive impact on the value chain with 
regard to ensuring security of supply, and accompanying the Commission’s proposal for a Chips Act 
regulation103. 

In  addition,  in  November  2022,  the  Commission  approved  a  EUR  500  million  Spanish  scheme 
supported  by  the  RRF  to  help  consumers  and  business  in  rural  areas  access  high  quality  mobile 
services, contributing to Spain’s economic and to the EU's overall digital objectives104. 

Media  freedom  and  media  pluralism  play  a  key  role  for  democracy.  In  2022,  the  Commission 
approved  a  number  of  support  measures  for  the  media  sector,  helping  the  media  sector  to  recover 
from  the  two  crises  the  EU  is  facing  while  minimising  anti-competitive  effects.  Moreover,  the 
Commission  approved  boosting  digital  transformation  and  technological  innovation  in  the  media 
industry. 

4.2 Competition policy enforcement contributed to the green transition 

Competition policy contributes to the EU’s environmental objectives and climate targets, for example 
the decarbonisation of the economy and the transport sector shift from fossil fuels to alternative fuels. 

101 Case SA.63170, RRF- Italy - Plan 1 Gbps, OJ C 116, 11.03.2022, p. 3.  
102 Case SA.103083, RRF - STMICROELECTRONICS S.R.L. (ST) – New SIC substrates plant in Catania. 
103  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, 8.2.2022, COM/2022/45 final. 
104 Case SA.103451, RRF- ES - Deployment of backhaul networks for mobile connectivity, OJ C 449, 25.11.2022, p. 2. 

21 

 
                                                   
Competition  law  enforcement  contributes  to  the  European  Green  Deal105  by  keeping  markets 
efficient, fair and innovative. 

To ensure that competition policy enforcement assist the green transition, preparing the way to green 
mobility the Commission commissioned in 2022 a study analysing the competitive dynamics in the 
markets for publicly accessible recharging infrastructure. The study will be finalised in 2023106.  

Moreover, the Commission supports EU energy objectives and the European Green Deal through its 
antitrust work. In 2022, the Commission continued its investigation of  firms suspected of colluding 
to influence price benchmarks for ethanol biofuel107.  

The Commission initiated an ex officio investigation into the natural gas markets in Europe to assess 
whether commercial conduct by market participants may have contributed to the disruptions of the 
energy  markets  and  gas  prices  in  Europe108.  In  December  2021,  Ukrainian  gas  producer  Naftogaz 
submitted a formal antitrust complaint against Gazprom, alleging that the company has been abusing 
its dominant position on a number of gas markets in the EEA. As part of its investigation, in March 
2022, the Commission carried out unannounced inspections at the premises of several companies in 
Germany  active  in  the  supply,  transmission  and  storage  of  natural  gas109.  Amont  other  things, 
Commission  is  looking  into  whether  Gazprom’s  conduct  may  have  contributed  to  increased  gas 
prices  on  the  European  spot  market  and,  as  a  result,  benefitted  Gazprom  with  regard  to  its  hub-
indexed long-term contracts with European customers. 

Encouraging travellers to shift from road to rail transport represents an important contribution to the 
European  Green  Deal's  objectives110.  At  the  same  time,  healthy  competition  ensures  European 
citizens are able to benefit from good quality and affordable rail passenger services.  In the field of 
antitrust, in June 2022, the Commission informed  České dráhy and Österreichische Bundesbahnen, 
the Czech and Austrian rail incumbents, of its preliminary view that the two companies had breached 
EU  antitrust  rules  by  colluding  in  the  market  for  used  passenger  railway  wagons  with  the  aim  of 
distorting  competition  in  the  rail  passenger  transport  market111.  In  a  separate  case  relating  to  a 
predatory  pricing  investigation  into  České  dráhy,  the  Commission  in  September  2022  closed  its 
investigation without an infringement decision. The Commission found that the evidence it gathered 
since  sending  České  dráhy  a  statement  of  objections112  in  October  2020  did  not  confirm  its  initial 

105  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, the European Green Deal, COM(2019) 640 final. 
106  See:  https://competition-policy.ec.europa.eu/single-market-programme-smp/calls-tenders-contracts/ex-ante-publicity-low-and-middle-value-
contracts_en  
107 Case AT.40054, Ethanol benchmarks. See: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6769 
108 In its complaint, Naftogaz inter alia alleges that Gazprom has engaged in a deliberate refusal to refill EU gas storage facilities, has stopped 
selling  gas  through  its  own  Electronic  Sales  Platform  without  a  justification,  and  continues  to  block  gas  exports  to  Europe  by  independent 
Russian and Central Asian gas producers. 
109 See the press release of 31.3.2022: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_2202  
110 See for example: Report published by the European Union Agency for Railways - Fostering the railway sector through the European Green 
Deal, 16.7.2020 (updated 12.10.2022). See https://www.era.europa.eu/content/report-fostering-railway-sector-through-european-green-deal_en  
111 Case AT.40401, České dráhy and Österreichische Bundesbahnen. 
112 Case AT.40156, Czech Rail. See: https://ec.europa.eu/commission/presscorner/detail/en/ip_20_2017  

22 

 
                                                   
concerns that the rail incumbent charged prices below costs in attempt of illegally shutting out new 
rivals113. 

In  the  field  of  merger  control,  the  Commission,  in  July  2022,  approved  with  conditions  the 
acquisition  of  Equans  by  Bouygues114.  The  Commission's  investigation  revealed  that  the  merged 
entity  would  have  large  market  shares  and  only  face  competition  from  very  few  participants.  This 
could  give  rise  to  higher  prices  for  electrical  engineering  services  for  railway  contact  lines  in 
Belgium. To address the Commission's competition concerns, Bouygues offered to divest Colas Rail 
Belgium  in  its  entirety,  including  all assets,  personnel  and  ongoing  and  future  contracts  of  both  its 
railway  contact  lines  and  track  installation  businesses.  Competition  in  the  rail  passenger  transport 
sector can drive prices down and service quality up to the benefit of consumers. The  Commission’s 
intervention  ensures  that  another  competitor  will  remain  in  the  market  continuing  to  exert 
competitive pressure in the relevant Belgian market while customers will benefit from a wider choice 
of suppliers and competitive prices. 

In  October  2022,  the  Commission  proposed  a  new  emergency  regulation  to  mitigate  the  impact  of 
high gas prices in the EU115. The Regulation was adopted in December 2022116. It includes, among 
other elements, a joint purchasing mechanism for gas to enable gas companies and gas consumers to 
negotiate lower prices and secure energy supplies in view of potential energy supply shortages.  

The  Commission  is  to  contract  a  service  provider  to  organise  demand  aggregation  at  EU  level, 
grouping together gas import needs and seek offers on the market to match the demand. Companies 
would  be  allowed  to  form  a  European  gas  purchasing  consortium,  in  compliance  with  EU 
competition rules. Joint purchasing would help smaller Member States and in particular companies in 
a  less  favourable  situation  as  buyers  to  buy  gas  at  better  conditions.  The  Regulation  also  includes 
provisions  to  enhance  transparency  of  intended  and  concluded  gas  supply  purchases,  in  order  to 
assess whether the objectives of security of supply and energy solidarity are met. 

The Commission stands ready to assist firms when designing possible joint gas purchasing consortia 
in conformity with the EU competition rules. 

In 2022, the Commission approved two Important Projects of Common European Interest (‘IPCEIs’) 
in  the  hydrogen  technology  chain.  The  two  IPCEIs  support  the development  of  key  strategic  value 
and  technology  chains,  as  well  as  the  objectives  of  the  European  Green  Deal,  the  EU  Hydrogen 
Strategy and the REPowerEU initiative. 

113 Commission Daily News, 30.9.2022: https://ec.europa.eu/commission/presscorner/detail/en/mex_22_5911 
114 Case M.10575, Bouygues/Equans. See: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_4603 
115  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. 
116 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. 

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IPCEI Hy2Tech  
The first IPCEI was approved in July 2022 and supports research, innovation and industrial deployment 
in the hydrogen technology value chain. For this project 15 Member States117 will provide up to EUR 5.4 
billion  in  public  funding,  which  is  expected  to  unlock  an  additional  EUR  8.8  billion  in  private 
investments. Thirty-five companies, including SMEs and start-ups will participate in 41 projects118. The 
IPCEI  Hy2Tech  covers  large  parts  of  the  hydrogen  technology  value  chain  including:  (i)  facilities  and 
equipment  for  generation  of  hydrogen;  (ii)  production  of  fuel  cells;  (iii)  storage,  transportation  and 
distribution of hydrogen; and (iv) end-user applications, in particular in the mobility sector. It contributes 
to  the  development  of  important  technological  breakthroughs,  including  new  highly  efficient  electrode 
materials,  more  performant  fuel  cells  and  innovative  transport  technologies.  The  IPCEI  Hy2Tech  is 
expected to create some 20.000 direct jobs. 

IPCEI Hy2Use 
The IPCEI Hy2Use  was approved in September 2022 and  will boost the supply of renewable and low-
carbon hydrogen and the development and initial industrial deployment of clean and innovative hydrogen 
technologies  in  other  industrial  sectors,  such  as  cement,  steel  and  glass.  These  products  typically  face 
higher  barriers  to  decarbonisation.  For  this  project  13  Member  States119  will  provide  up  to  EUR  5.2 
billion in public funding, which is expected to unlock an additional EUR 7 billion in private investments. 
The IPCEI Hy2Use involves 29 companies and 35 projects120. 

Also in the hydrogen sector, the Commission approved in October 2022 a EUR 220 million Spanish 
State aid project to support Cobra Instalaciones y Servicios, S.A. (‘COBRA')121 under the CEEAG122. 
COBRA will produce  renewable hydrogen and promote its use in industrials sectors. The  State aid 
measure – supported by the RRF – contributes to the achievement of the EU Hydrogen Strategy and 
the European Green Deal targets, while helping reduce dependence on Russian fossil fuels and fast 
forward the green transition in line with the REPowerEU Plan. 

The pace of developments  was fast in 2022 and the Commission reacted  by adjusting the State aid 
framework and putting in place energy crisis measures intended to relieve the pressure on energy bill 
payers.  

For  instance,  to  promote  green  district  heating  based  on  renewable  energy  and  waste  heat,  the 
Commission  approved,  in  August  2022,  a  EUR  2.98  billion  German  scheme.  This  scheme  will 
support the construction of more efficient district heating systems and the decarbonisation of existing 
ones, increasing the share of renewable energy and waste heat in the heating sector. This will lead to 
a considerable decrease in emissions123. Furthermore, the Commission approved a modification of a 
German  scheme  to  support  electricity  production  from  renewable  energy  sources.  The  scheme 
reflects  a  recent  amendment  by  Germany  to  its  Renewable  Energy  Act.  The  Act  has  an  overall 

117 AT, BE, CZ, DK, EE, FI, FR, DE, EL, IT, NL, PL, PT, SK and ES. 
118 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_4544  
119 AT, BE, DK, FI, FR, EL, IT, NL, PL, PT, SK, ES and SE. 
120 See: https://ec.europa.eu/commission/presscorner/detail/en/statement_22_5677  
121 Communication from the Commission: Guidelines on State aid for climate, environmental protection and energy, OJ C 80, 18.2.2022, p. 1. 
122 Case SA.104361, Spain - Project Green Cobra. Decision not yet published.  
123 Case SA.63177, Germany - Federal support for efficient heat networks, OJ C 366, 23.9.2022, p. 2. 

24 

 
                                                   
budget  of  EUR  28  billion  and  aim  at  achieving  a  share  of  80%  of  electricity  produced  from 
renewable energy sources by 2030, with a view to achieving climate neutrality by 2045124. 

4.3. Competition policy contributed to an economy that works for people 

A conference that reviewed and debated the impact of competition policy on people’s lives 

In  October  2022,  DG  Competition  organised  a  conference125  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  respect126.  This  includes  a  fairer  distribution  of  new  opportunities,  while  at  the  same  time 
keeping prices low, maintaining choice and fostering innovative products and services. This is even 
more important in today’s volatile world, in which new challenges emerge, requiring new solutions. 
Competition policy should ensure the best possible conditions for consumers, but should not stand in 
the  way  of  other  policies  pursuing  other  policy  goals.  The  interplay  between  regulation  and 
competition policy should therefore be seen as complementary. 

Competition policy enforcement contributed to resilient European financial services 

State  aid  enforcement  played  a  crucial  role  in  protecting  the  Single  Market  and  supporting  EU 
economic policies in 2022. The Commission authorised aid to support the resolution of Getin Noble 
Bank127, one of the ten largest Polish banks. The Commission also prolonged several existing State 
aid schemes which allow Member States to strengthen the resilience of the financial sector without 
having  to  grant  new  State  aid  to  individual  financial  institutions.  In  particular,  the  Commission 
authorised  the  prolongation  of  schemes  for  the  restructuring  or  orderly  market  exit  of  banks  in 
distress in Poland128, Ireland129 and Italy130.  

In  addition,  the  Commission  continued  to  authorise  Member  States’  support  of  recently  founded 
SMEs and start-ups frequently held back by limited access to finance. To this end, the Commission 
approved a second modification of the existing risk finance scheme in France131. 

Also  in  the  financial  services  sector,  the  Commission  completed  in  2022  its  investigation  into  the 
access conditions to the Insurance Link data sharing system administered by Insurance Ireland in the 

124 Case SA.102084, Germany – EEG 2023. See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7794 
125 See: https://competition-policy.ec.europa.eu/policy/making-markets-work-people_en 
126 See: https://ec.europa.eu/commission/presscorner/detail/en/SPEECH_22_6445 
127 Case SA.100687, Poland – Liquidation aid to Getin Noble Bank S.A. See: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_5922 
128 Case SA.103437, Poland – Twelfth prolongation of the Credit Unions Orderly Liquidation Scheme, OJ C 348, 9.9.2022, p. 8. 
129 Case SA.102499, Ireland – 15th prolongation of the restructuring and stabilisation scheme for the Credit Union sector, OJ C 220, 3.6.2022, 
p. 1;  Case  SA.104441,  Ireland  –  16th  prolongation  of  the  restructuring  and  stabilisation  scheme  for  the  Credit  Union  sector,  OJ  C  422, 
4.11.2022, p. 2. 
130 Case SA.100262, Italy – COVID-19 – Prolongation of the Italian orderly liquidation scheme for small banks, OJ C 1235, 25.3.2022, p. 2. 
131 Case SA.100943, France – 2e modification du dispositif IR-PME pour les investissements dans les FCPI et FIP, OJ C 135, 25.3.2022, p. 4. 

25 

 
                                                   
Irish motor insurance market. Following the Commission’s intervention, access to Insurance Link is 
now available on a fair, transparent, objective and non-discriminatory basis132. 

Competition policy enforcement complementing tax policy 

Court of Justice judgment in the Fiat Chrysler/Luxembourg case 
In  November  2022,  the  Court  of  Justice  set  aside  the  General  Court’s  judgment133  and  annulled  the 
Commission’s 2015 decision which had found that Luxembourg had, by way of a tax ruling, granted Fiat 
Chrysler/Luxembourg  an  illegal  tax  break134.  The  Court  of  Justice  stated  that  only  the  national  law 
applicable  in  the  Member  State  concerned  should  be  taken  into  account  when  identifying  the  normal 
taxation  system  to  be  used  as  reference  when  determining  if  the  State  aid  has  generated  an  illegal 
selective advantage to a company. The Court of Justice confirmed that State subsidies granted by Member 
States in areas that are not subject to harmonisation by EU law are not excluded from the State aid rules.  

The  Commission  will  continue  using  all  the  tools  at  its  disposal  to  ensure  that  free  and  fair 
competition  is  not  distorted  in  the  Single  Market  by  Member  States  granting  illegal  tax  breaks  or 
implementing  aggressive  tax  planning  measures  favouring  international  firms.  This  includes  using 
EU State aid rules, while fully taking into account the case law of the Court of Justice. 

5. Competition policy in a European and global context 

5.1 Joining forces shaping a European and global competition culture 

Policy cohesion through the European Competition Network 

In  2022,  the  Commission  continued  to  ensure  the  coherent  application  of  Articles  101  and  102 
through the ECN135. Two of the key cooperation and support mechanisms in Regulation 1/2003 are 
first, the national competition authorities’ (‘NCAs’) obligation to inform the Commission about new 
investigations  already  at  the  moment  of  the  first  formal  investigative  measure  and,  second,  their 
obligation 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  the  cooperation  set  out  in  Regulation  1/2003,  other  ECN  cooperation  mechanisms 
ensure a coherent enforcement of the EU competition rules across jurisdictions. ECN members meet 
regularly to discuss recently opened cases, policy issues and matters of strategic importance. In 2022, 
horizontal  working  groups  and  sector-specific  sub-groups  held  45  meetings  where  NCA  officials 
exchanged views and experience. 

132 Case AT.40511 - Insurance Ireland - Insurance claims database and conditions of access. See: AT_40511_8511226_4076_3.pdf (europa.eu) 
133  Judgment  of  the  General  Court  of  24.9.2019,  T-755/15  and  T-759/15,  Luxembourg  and  Fiat  Chrysler  Finance  Europe  v  Commission, 
EU:T:2019:670. 
134 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. 
135 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. 

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A regular and constructive inter-institutional dialogue 

The  European  Parliament,  the  Council,  the  European  Economic  and  Social  Committee  and  the 
European Committee of the Regions are key partners to the Commission in the continuing dialogues 
on competition policy.  

In the European Parliament, Executive Vice-President Vestager participated in 2022 in a number of 
exchanges  of  views  or  structured  dialogues,  including  with  the  Economic  and  Monetary  Affairs 
(‘ECON’)  Committee,  the  Industry  Research  and  Energy  (‘ITRE’)  Committee,  the  Internal  Market 
and Consumer Protection (‘IMCO’) Committee, and the Employment and Social Affairs (‘EMPL’) 
Committee.  In  addition,  Executive  Vice-President  Vestager  participated  in  plenary  debates  on 
competition policy, on the Digital Markets Act, on the Foreign Subsidies Regulation and on the EU 
response (including through State aid) to the US Inflation Reduction Act. 

In its written response of July 2022 to the Parliament’s resolution on competition policy (rapporteur 
Schwab; EPP, DE), the Commission highlighted, among other things, the phase-out of the COVID-
19 Temporary State aid Framework, the adoption of the Temporary Crisis Framework in response to 
the negative economic impact of Russia’s invasion of Ukraine, the Foreign Subsidies Regulation and 
the  finalisation  of  trilogue  negotiations,  the  Digital  Markets  Act  and  its  smooth  and  rapid 
implementation,  the  unprecedented  ongoing  review  of  competition  rules,  including  the  adoption  of 
the new CEEAG136, the new Vertical Block Exemption Regulation and new Vertical Guidelines, and 
the ongoing review of the Market Definition Notice. 

In 2022, in the Council, Executive Vice-President Vestager  participated in exchanges of views and 
debates  on  competition  policy  matters,  including  several  meetings  of  the  Competitiveness  Council 
(Internal market and industry). 

5.2. Competition policy cooperation across the world 

Multilateral relations 

In 2022, the Commission continued its active engagement in international competition fora such as 
the  OECD  Competition  Committee,  the  International  Competition  Network  (‘ICN’),  where  the 
Commission  took  up  a  three-year  co-chair  role  in  the  Merger  Working  Group,  and  the  United 
Nations  Conference  on  Trade  and  Development  (‘UNCTAD’).  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. 

Bilateral relations 

In October 2022, the Commission and the U.S. Competition Authorities held the second meeting of 
the  Joint  Technology  Competition  Policy  Dialogue,  discussing  cooperation  efforts  to  ensure  and 

136 Communication from the Commission: Guidelines on State aid for climate, environmental protection and energy, OJ C 80, 18.2.2022, p. 1. 

27 

 
                                                   
promote  fair  competition  in  the  digital  sector137.  Two  ministerial  meetings  took  place  in  May  and 
December  2022  in  the  EU-U.S.  Trade  and  Technology  Council.  The  meetings  led  to  an 
administrative arrangement on a common mechanism for reciprocal information sharing about public 
support provided by the EU and the U.S. to the semiconductor industry138. 

In  2022,  the  Commission  continued  its  cooperation  in  competition  policy  with  third  countries, 
including technical cooperation programmes with several Asian139 and African140 countries. In 2022, 
the Commission continued negotiations to conclude Free Trade Agreements (‘FTA’) with Australia, 
India, Indonesia, and concluded the FTA negotiations with New Zealand and Uzbekistan. As regards 
candidate  countries141  and  potential  candidates142,  the  Commission’s  main  policy  objective  is  to 
assist  these  countries  to  create  legislative  frameworks  with  well-functioning  and  operationally 
independent competition authorities. 

137 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_6167 
138 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7433 
139 See: https://asia.competitioncooperation.eu 
140 See: https://africa.competitioncooperation.eu 
141 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. 
142 Potential candidates for EU membership: Georgia and Kosovo. 

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