COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION Report on Competition Policy 2023
Date: 2024-03-06
Institutions: Directorate-General for Competition, European Commission
Subjects: EU competition policy, EU financial instrument, State aid, anti-trust legislation, competitiveness, control of restrictive practices, economic recovery, merger control, restriction on competition, single market

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 6.3.2024  SWD(2024) 53 final  COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION  Report on Competition Policy 2023 {COM(2024) 115 final}  
 
 
CONTENTS 

INTRODUCTION ...................................................................................................................... 3 
I.  LEGISLATION AND POLICY DEVELOPMENTS ........................................................ 3 
1.  Antitrust and cartels ............................................................................................................ 3 
1.1. Review of antitrust rules and guidance ........................................................................ 5 
1.2. Significant judgments by EU Courts in antitrust enforcement .................................... 7 
1.3. Significant judgments by EU Courts in cartel enforcement ...................................... 12 
1.4. The fight against cartels remains a top priority ......................................................... 13 
1.5. Cooperation within the European Competition Network and with national Courts .. 15 
2.  Merger control .................................................................................................................. 17 
2.1. Recent enforcement trends ......................................................................................... 17 
2.2. Review of merger control rules and guidance ........................................................... 19 
2.3. Significant judgments by EU Courts in merger control ............................................ 20 
3.  State aid control ................................................................................................................ 21 
3.1. Temporary Crisis and Transition Framework to further support transition towards a 
net-zero economy .............................................................................................................. 22 
3.2.  Phasing  out  of  the  Temporary  Framework  for  State  aid  measures  to  support  the 
economy during the COVID-19 pandemic ....................................................................... 24 
3.3. Recovery and Resilience Facility (RRF) ................................................................... 24 
3.4. State aid for horizontal objectives.............................................................................. 25 
3.5. Significant judgments by EU Courts in State aid ...................................................... 32 
3.6. Monitoring, recovery and cooperation with national courts ...................................... 36 
4.  Developing the international dimension of EU competition policy ................................. 38 
4.1. The Regulation on Foreign Subsidies distorting competition in the Single Market .. 39 
4.2. Multilateral relations .................................................................................................. 40 
4.3. Bilateral relations ....................................................................................................... 41 
5.  Supporting EU Competition Law Enforcement ................................................................ 42 
5.1. Digital Transformation............................................................................................... 42 
5.2. Single Market Programme ......................................................................................... 44 
5.3. External Communication and Advocacy ................................................................... 45 
5.4. Analysis of the benefits of EU Competition Law enforcement for citizens .............. 45 
II.  SECTORAL OVERVIEW ................................................................................................ 47 
1.  ENERGY & ENVIRONMENT ............................................................................................... 47 
1.1. Overview of key challenges in the sectors ................................................................. 47 
1.2. Effective competition in the green economy ............................................................. 48 
1.3. Secure energy supply ................................................................................................. 54 
1.4. Effective competition in energy markets ................................................................... 54 
INFORMATION AND COMMUNICATION TECHNOLOGIES AND MEDIA .............................. 55 
2.1. Overview of key challenges in the sectors ................................................................. 55 
2.2. Contribution of EU competition policy to tackling the challenges............................ 55 
2.3 Digital Markets Act..................................................................................................... 61 
3.  FINANCIAL SERVICES ....................................................................................................... 62 
3.1. Overview of key challenges in the sector .................................................................. 62 

2. 

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3.2. Contribution of EU competition policy to tackling the challenges............................ 63 
4.  TAXATION AND STATE AID ............................................................................................... 69 
4.1. Overview of key challenges on tax evasion and avoidance and fiscal aid ................ 69 
4.2. Contribution of EU competition policy to tackling the challenges............................ 70 
5.  BASIC INDUSTRIES AND MANUFACTURING ....................................................................... 74 
5.1. Overview of key challenges in the sector .................................................................. 74 
5.2 Contribution of EU competition policy to tackling the challenges............................. 74 
6.  AGRI-FOOD SECTOR ......................................................................................................... 77 
6.1. Overview of key challenges in the sector .................................................................. 77 
6.2. Contribution of EU competition policy to tackling the challenges............................ 77 
7.  PHARMACEUTICAL AND HEALTH SERVICES SECTORS ..................................................... 82 
7.1. Overview of key challenges in the sector .................................................................. 82 
7.2. Contribution of EU competition policy to tackling the challenges............................ 82 
8.  TRANSPORT, POST AND OTHER SERVICES ........................................................................ 86 
8.1. Overview of key challenges in the sectors ................................................................. 86 
8.2. Contribution of EU competition policy to tackling the challenges............................ 86 
ANNEX 1 ................................................................................................................................. 96 
ANNEX 2 ................................................................................................................................. 96 
ANNEX 3 ................................................................................................................................. 97 
ANNEX 4 ............................................................................................................................... 115 

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INTRODUCTION 

The present Staff Working Document (SWD) is composed of two parts. The first part presents 
the  main  legislative  and  policy  developments  in  2023  across  the  three  competition 
instruments: State aid, antitrust (including cartels) and mergers as well developments related 
to  the modernisation  of the organisation  to  optimise its  enforcement capacity. In the second 
part,  specific  enforcement  actions  are  detailed  in  a  sectoral  overview.  Annexes  1  to  4 
encompass  the  Commission  decisions  taken  in  the  State  aid  area  pursuant  to  the  State  aid 
rules  adopted  to  mitigate  economic  impact  due  on  the  COVID-19  pandemic  and  following 
Russia’s war of aggression against Ukraine. 

I.  LEGISLATION AND POLICY DEVELOPMENTS 

1. 

ANTITRUST AND CARTELS 

Articles 101, 102 and 106 TFEU 
According  to  Article  101  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  anti-competitive 
agreements are prohibited as incompatible with the internal market. Article 101 TFEU prohibits agreements with 
an  anti-competitive  object  or  effects  where  companies  coordinate  their  behaviour  instead  of  competing 
independently.  However,  an  agreement  that restricts competition  may  be  exempted from the  prohibition  under 
Article  101(3)  TFEU  if  it  ultimately  fosters  competition  (for  example  by  promoting  technical  progress  or  by 
improving distribution)  

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

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

Preserving market discipline by effective enforcement of the EU competition rules is of vital 
importance to the green and digital transformation of the EU economy and a resilient recovery 
following the COVID-19 pandemic and Russia’s war of aggression against Ukraine; antitrust 
enforcement  can  contribute  in  tearing  down  remaining  barriers  to  the  Single  Market  and 
eliminating  restrictions  in  the  development  of  clean  technologies  and  the  free  flow  of 
resources necessary for the circular economy and the Green Deal’s objectives.  

The present SWD highlights the recent antitrust and cartel decisions, while the graphs below 
give  an  overview  of  antitrust  enforcement  activity  in  the  past  ten  years,  including  also 
decisions rejecting complaints.  

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

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Figure 1: Antitrust and cartel decisions 2014-2023 

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2014

2015

2016

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2022

2023

Cartel Prohibition (Normal)

Cartel Prohibition (Hybrid)

Cartel Prohibition (Settlement)

Antitrust Prohibition

Antitrust Prohibition (Cooperation)

Antitrust Commitment

Procedural decisions

Re-adoption decisions are included 
in the graph: two in 2017, one in 
2019, one in 2020, two in 2021, one 
in 2022 and one in 2023.

Source: Directorate-General for 
Competition

Figure 2: Rejection of complaints decisions 2014-2023 

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Rejection of complaint decisions

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2015

2016

2017

2018

2019

2020

2021

2022

2023

Source: Directorate-General for Competition

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1.1. Review of antitrust rules and guidance 

1.1.1.  Rules  on  horizontal  cooperation  agreements:  Revised  Horizontal  Block 
Exemption Regulations on Research and Development and Specialisation agreements, 
and revised Horizontal Guidelines adopted 

In June 2023, the Commission adopted revised block exemption regulations on research and 
development  agreements  (R&D  BER)1  and  on  specialisation  agreements  (Specialisation 
BER)2  (together  HBERs),  and  on  21  July  2023,  it  adopted  revised  guidelines  on  horizontal 
cooperation agreements3 (Horizontal Guidelines). The HBERs entered into force in July 2023. 

The  HBERs  provide  a  legal  safe  harbour  for  R&D  and  specialisation  agreements  that  meet 
certain  conditions,  by  exempting  them  from  the  prohibition  of  Article 101(1) TFEU.  The 
HBERs continue to be based on a market share threshold, but they simplify and add flexibility 
to  the  rules  for  calculating  market  shares  compared  to  the  previous  horizontal  block 
exemption regulations. In addition, the scope of the Specialisation BER has been expanded to 
cover more types of multi-party production agreements.  

Competition rules play an important role in supporting the European economy to achieve the 
goals  of the European Green Deal4. For that reason, the  revised Horizontal  Guidelines  have 
been updated to reflect market developments, recent case law and enforcement practice, and 
to provide guidance on the assessment of sustainability agreements under Article 101 TFEU. 
The new chapter on sustainability agreements identifies types of sustainability agreement that 
fall  outside  the  scope  of  Article 101  (1) TFEU,  provides  a  safe  harbour  for  sustainability 
standardisation  agreements 
that  meet  certain  conditions,  and  explains  under  what 
circumstances  sustainability  agreements  may  satisfy  the  conditions  for  exemption  under 
Article 101(3) TFEU in particular by referring to three categories of sustainability benefits. 

The revised Horizontal Guidelines now also include guidance on joint bidding consortia and 
mobile telecoms infrastructure network sharing agreements, as well as an in-depth revision of 
the guidance on information exchange, taking into account digitalisation.  

1.1.2.   Motor Vehicle Block Exemption Regulation prolonged 

In  April  2023,  the  Commission  prolonged  the  Motor  Vehicle  Block  Exemption  Regulation5 
(MVBER)  for  5  years  until  31  May  20286.  On  the  same  day,  the  Commission  updated  the 

1 Commission Regulation (EU) 2023/1066 of 1 June 2023 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 143, 
2.6.2023, p. 9. 
2 Commission Regulation (EU) 2023/1067 of 1 June 2023 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 143, 2.6.2023, p. 
20. 
3 Communication from the Commission – Guidelines on the applicability of Article 101 of the Treaty on the 
Functioning of the European Union to horizontal co-operation agreements, OJ C 259, 21.7.2023, p. 1.  
4 European Commission, Directorate-General for Competition, Competition policy brief 2021-01, September 
2021, see: https://data.europa.eu/doi/10.2763/962262  
5 Commission Regulation (EU) No 461/2010 of 27.5.2010 on the application of Article 101(3) of the Treaty on 
the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor 
vehicle sector, OJ L 129, 28.5.2010, p. 52 as amended by Commission Regulation (EU) 2023/822 of 17 April 
2023 on amending Regulation (EU) No 461/2010 as regards its period of application, OJ L 102I, 17.4.2023, p. 1. 

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corresponding 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 
(Supplementary Guidelines)7. 

The MVBER specifies the conditions under which motor vehicle spare parts distribution and 
repair  and  maintenance  service  agreements  are  exempted  from  the  application  of  Article 
101(1) TFEU. The Supplementary Guidelines provide detailed guidance on the interpretation 
of the MVBER. 

1.1.3.  Evaluation of Regulation 1/2003 continued 

In  2023,  the  Commission  progressed  with  the  evaluation  of  its  antitrust  procedural  rules, 
Regulation 1/20038 and its implementing regulation, Regulation 773/20049, that was initiated 
in  March  2022.  The  evaluation  aims  at  assessing  the  pertinence  of  the  antitrust  procedural 
framework considering the changes to the economic landscape that have taken place over the 
past 20 years, such as the digitalisation of the global economy. 

As  part  of  the  evaluation  process,  the  Commission  organised  a  public  consultation  that  ran 
from 30 June to 6 October 2022 and commissioned an evaluation support study in 2023. The 
Commission also organised a conference reflecting on the 20 years of Regulation 1/2003 in 
June  2023  and  an  interactive  workshop  on  12  October  202310.  Throughout  the  evaluation 
process, the Commission is also engaging with the national competition authorities (NCAs). 

1.1.4.  New initiative regarding Article 102 TFEU 

In  March  2023,  the  Commission  announced  the  launch  of  an  initiative  aiming  at  adopting 
Guidelines  on  exclusionary  abuses  of  dominance.  Considering  the  importance  of  the 
enforcement  against  abuses  of  dominance  to  ensure  that  competition  in  the  internal  market 
remains undistorted and the number of judgments of the Courts of the European Union  (EU 
Courts) dealing with exclusionary conduct, the Commission decided to start the process that 
will  lead to  the adoption of guidelines to  systematise and clarify the case law. On the same 
day, the Commission amended the 2008 guidance on enforcement priorities 11. 

The Article 102 TFEU  Package12  includes:  (i) a Call for Evidence13 launching the initiative 
that  will  lead  to  the  adoption  of  Guidelines  on  exclusionary  abuses  of  dominance  under 

6 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_2248  
7 Commission Notice on supplementary guidelines on vertical restraints in agreements for the sale and repair of 
motor vehicles and for the distribution of spare parts for motor vehicles, OJ C 138, 28.5.2010, p. 16 as amended 
by Communication from the Commission Amendments to the 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 2023/C 133 I/01, OJ C 133I , 17.4.2023, p. 1. 
8 Council Regulation (EC) No 1/2003 of 16.12.2002 on the implementation of the rules on competition laid 
down in Articles 81 and 82 of the Treaty, OJ L, 4.1.2003, p. 1. 
9 Commission Regulation (EC) No 773/2004 of 7.4.2004 relating to the conduct of proceedings by the 
Commission pursuant to Articles 81 and 82 of the EC Treaty, OJ L 123, 27.4.2004, p. 18. 
10 See: https://competition-policy.ec.europa.eu/antitrust-and-cartels/legislation/regulation-12003_en  
11 Communication from the Commission: Guidance on its enforcement priorities in applying Article 82 of the 
EC Treaty to abusive exclusionary conduct by dominant undertakings, OJ C 45, 24.2.2009, p. 7. 
12 See: https://competition-policy.ec.europa.eu/antitrust-and-cartels/legislation/application-article-102-tfeu_en  

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Article  102  TFEU,  and  (ii)  a  Communication  amending  parts  of  the  2008  Guidance  on 
enforcement  priorities  that  were  no  longer  in  line  with  the  case  law  and  the  Commission’s 
enforcement practice (Amending Communication)14. The stakeholders will be consulted on a 
draft Guidelines on exclusionary abuses.  

1.1.5 Evaluation of the rules on technology transfer agreements 

Technology transfer agreements are agreements by which a company authorises another one 
to use certain technology rights (for example patents, design rights, software copyrights and 
know-how)  to  produce  goods  or  services.  The  Technology  Transfer  Block  Exemption 
Regulation  (TTBER)15 exempts certain  technology transfer  agreements from  the prohibition 
of  Article  101(1)  TFEU,  subject  to  certain  conditions.  The  TTBER  will  expire  on  30  April 
2026. 

In  November  2022,  the  Commission  launched  an  evaluation  of  the  TTBER  and  the 
accompanying  guidelines  (Technology  Transfer  Guidelines)16,  to  inform  the  decision  on 
whether the TTBER should be allowed to expire, be prolonged, or revised, to take account of 
market developments that have occurred since its adoption in 2014. 

In  April  2023,  the  Commission  launched  a  public  consultation  inviting  stakeholders  to  give 
their views on the effectiveness, efficiency, relevance, coherence, and EU added value of the 
TTBER and Technology Transfer Guidelines. This consultation closed in July 2023. As part 
of the evaluation process, the Commission commissioned an evaluation study and organised a 
workshop  on  6  December  2023  which  delved  further  on  certain  topics  on  which  the 
Commission received feedback during the public consultation17.  

1.2. Significant judgments by EU Courts in antitrust enforcement  

In 2023, the EU Courts rendered significant judgments regarding the enforcement of antitrust 
rules.  

1.2.1 Anticompetitive agreements under Article 101 TFEU 

13 See: https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13796-EU-competition-law-
guidelines-on-exclusionary-abuses-by-dominant-undertakings_en  
14 Communication from the Commission: Amendments to the Communication from the Commission - Guidance 
on the Commission’s enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary 
conduct by dominant undertakings ("Amending Communication”) and Annex to the Amending Communication, 
OJ C/2023 116/01. See: https://competition-policy.ec.europa.eu/system/files/2023-
03/kdak23001enn_competition_policy_brief_1_2023_Article102_0.pdf , which provides more details on the 
changes to the Guidance on enforcement priorities made by the Amending Communication and additional 
background on the case law of the Union Courts and the Commission’s enforcement experience. 
15 Commission Regulation (EU) No 316/2014 of 21 March 2014 on the application of Article 101(3) TFEU to 
categories of technology transfer agreements, OJ L 93, 28.3.2014, p. 17. 
16 Communication from the Commission — Guidelines on the application of Article 101 TFEU to technology 
transfer agreements, OJ C 89, 28.3.2014, p. 3. 
17 See further on the evaluation of the TTBER: https://competition-policy.ec.europa.eu/public-
consultations/2023-technology-transfer_en  

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On  29  June  2023,  the  Court  of  Justice  delivered  its  judgment  in  Super  Bock  Bebidas,18  a 
preliminary  reference  from  the  Lisbon  Court  of  Appeals  concerning  an  alleged  resale  price 
maintenance scheme set up by Super Bock for the distribution of its beverages in some areas 
of Portugal. In the judgment, the Court of Justice confirmed that a vertical agreement fixing 
minimum resale prices can be a restriction by object if it reveals a sufficient degree of harm, 
taking  into  account  the  content  of  its  provisions,  its  objectives  and  the  economic  and  legal 
context . In this context, the Court of Justice also clarified that a restriction that is categorised 
as ‘hardcore’ in a block exemption regulation cannot be automatically considered a restriction 
by  object,  but  that  is  necessary  to  examine  such  restriction  on  a  case-by-case  basis  under 
Article 101(1) TFEU19. 

Valve case 
On 27 September 2023, the General Court fully upheld the Commission’s prohibition decision against Valve in 
the Videogames case, in which the Commission found that Valve and five publishers of videogames had entered 
into  anticompetitive  agreements/concerted  practices  restricting  parallel  imports  of  certain  PC  video  games 
through  the  geoblocking  of  activation  keys  on  the  Steam  platform20.  The  General  Court  confirmed  the 
Commission’s assessment in relation to the existence of anticompetitive agreements/concerted practices between 
Valve and the video game publishers and their by object nature in so far as they were intended to restrict parallel 
imports and that the legal and economic context was not such as to call this into question. In this context, the 
General  Court  confirmed  that  Article  101(1)  TFEU  refers  generally  to  all  agreements  and  concerted  practices 
that distort competition, irrespective of the market on which the parties operate. Only the commercial conduct of 
one  of  the  parties  need  to  be affected by  the  terms of  the arrangements  in question.  Active  contribution  of  an 
undertaking  to  a  restriction  of  competition  is  caught  even  if  that  contribution  does  not  relate  to  an  economic 
activity forming part of the relevant market on which that restriction comes about or is intended to come about21. 
The General Court also clarified the relationship between EU competition law and copyright. In this respect  it 
confirmed  that  while  the  very  grant  of  licences,  including  exclusive  licences,  is  not  contrary  to  Article 101 
TFEU, additional measures aimed at ensuring compliance with the  territorial limitations on the exploitation of 
those  licences,  and  in  particular  the  obligation  to  take  measures  making  it  impossible  to  access  the  protected 
subject  matter  from  outside  the  territory  covered  by  the  licence  agreement  concerned,  may  have  an  anti-
competitive  object  and  be  caught  by  Article 101  TFEU22.  It  also  observed  that  copyright  is  intended  only  to 
ensure  for  the  right  holders  concerned  protection  of  the  right  to  exploit  commercially  the  protected  subject 
matter,  by  the  grant  of  licences  in  return  for  payment  of  remuneration,  but  it  does  not  guarantee  them  the 
possibility to demand the highest possible remuneration or to engage in conduct such as to lead to artificial price 
differences between the partitioned national markets.  

On  26  October  2023,  the  Court  of  Justice  delivered  its  judgment  in  EDP/Modelo,23  another 
preliminary reference from the Lisbon Court of Appeals concerning a reciprocal non-compete 
clause  found  in  a  marketing  scheme  entered  into  by  EDP  (active  in  the  energy  sector)  and 

18  Judgment  of  the  Court  of  Justice  of  29.6.2023  in  Case  C-211/22,  Super  Bock  Bebidas  SA  and  Others  v 
Autoridade da Concorrência, ECLI:EU:C:2023:529. 
19 See C-211/22, Super Bock Bebidas SA, paras. 27-43. 
20  Judgment  of  the  General  Court  of  27.9.2023  in  Case  T-172/21,  Valve  v  European  Commission,  ECLI:EU: 
T:2023:587. 
21 See T-172/21, Valve, paras. 45-47. 
22 See T-172/21, Valve, para 199. 
23  Judgment  of  the  Court  of  Justice  of  26.10.2023,  in  Case  C-331/22,  EDP  –  Energias  de  Portugal  SA  and 
Others v Autoridade da Concorrência, ECLI:EU:C:2023:812. 

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Modelo  (active  in  the  food  distribution  and  consumer  products  sector)  with  the  goal  of 
attracting  new  clients  by  granting  reciprocal  discounts  to  consumers.  The  Court  of  Justice 
clarified that  an agreement  concluded between two undertakings active  on different  product 
markets,  which  are  not  upstream  or  downstream  of  each  other,  does  not  fall  within  the 
category of a ‘vertical agreement’ or of an ‘agency agreement’, where it consists in promoting 
the  development  of  sales  of  the  undertakings’  products  through  cross-discounts  and  where 
each of those undertakings bears a part of the costs24. Moreover, in relation to the concept of 
‘potential  competition’,  the  Court  of  Justice  ruled  that  the  legal  test  set  in  the  Generics 
judgment25 is not to be applied generally to all markets26.  

On  18  October  2023,  the  General  Court  also  fully  upheld  the  Commission’s  decision  in 
Teva/Cephalon2728. 

1.2.2 Abuses of dominance under Article 102 TFUE 

On  12  January  2023,  the  Court  of  Justice  dismissed  the  appeal  lodged  by  Lietuvos 
geležinkeliai  AB  (Lithuanian  Railways)  against  the  General  Court  judgment  upholding  a 
Commission  decision that  fined Lithuanian Railways  for an  abuse of dominance position in 
rail  freight  market29.  The  abusive  conduct  consisted  in  the  removal  of  a  section  of  track 
connecting  Lithuania  and  Latvia.  In  its  judgment,  the  Court  of  Justice  held    that  the 
destruction  of  infrastructure  must  be  distinguished  from  a  refusal  of  access  and  must  be 
analysed as an independent form of abuse, with the consequence that the criteria established 
by the case law for a finding of refusal of access are not applicable30. 

On  19  January  2023,  the  Court  of  Justice  delivered  its  judgment  in  Unilever,  a  preliminary 
reference from the Italian Council of State dealing with an alleged abuse of dominance in the 
ice  cream  sector31.  First,  the  Court  of  Justice  explained  that  the  actions  of  distributors  of  a 
producer  in  a  dominant  position  may  be  imputed  to  that  producer  if  those  actions  were  not 
adopted  independently  by  those  distributors,  but  formed  part  of  a  policy  that  is  decided 
unilaterally  by  that  producer32.  Second,  the  Court  of  Justice  confirmed  that  the  competition 
authorities are not under an obligation to use the so-called ‘as-efficient competitor’ (AEC) test 
to find an abuse, and explained that such test may be inappropriate in the case of certain non-
pricing  practices  or  where  the  relevant  market  is  protected  by  significant  barriers.  Even  in 
those cases, however, the relevance of the AEC test cannot be ruled out as it may prove useful 

24 See C-331/22, EDP, paras. 78-86. 
25 Judgment of the Court of Justice of 30.1.2020 in Case C-307/18, Generics (UK) and Others, EU:C:2020:52. 
26 See C-331/22, EDP, paras. 59-77. 
27  Judgement  of  the  General  Court  of  18.10.2023  in  Case  T-74/21,  Teva  and  Cephalon  v  Commission, 
ECLI:EU:T:2023:651. 
28 See below Part II, section 7.2.1. 
29  Judgment  of  the  Court  of  Justice  of  12.1.2023  in  Case  C-42/21  P,  Lietuvos  geležinkeliai  AB, 
ECLI:EU:C:2023:12. 
30 See C-42/21 P, paras. 73-93. 
31 Judgment of the Court of Justice of 19.1.2023 in Case C-680/20, Unilever Italia Mkt operations Srl v AGCM, 
ECLI:EU:C:2023:33. 
32 See C-680/20, Unilever, paras. 23-33. 

9 

 
 
where  the  consequences  of  the  practice  in  question  can  be  quantified.  Lastly,  the  Court  of 
Justice clarified that, even when dealing with exclusivity clauses, competition authorities are 
required to examine the evidence submitted by the dominant undertaking and cannot exclude 
the relevance of their economic studies without providing an explanation33. 

On  4  July  2023,  the  Court  of  Justice  delivered  its  judgment  in  Meta/Bundeskartellamt,34  a 
preliminary  reference  from  the  Higher  Regional  Court  of  Düsseldorf  concerning  the 
possibility for national competition authorities to review the processing of personal data under 
the  General  Data  Protection  Regulation  (GDPR).35  In  this  regard,  the  Court  of  Justice 
concluded  that  a  competition  authority  can  find,  when  assessing  an  alleged  abuse  of  a 
dominant  position  by  an  undertaking,  that  that  undertaking’s  terms  of  use  relating  to  the 
processing of personal data are not consistent with the GDPR, where that finding is necessary 
to establish the existence of such abuse. In this context, competition authorities are required to 
consult and cooperate sincerely with the national supervisory authorities concerned and, if the 
latter have already issued a decision on the conduct under exam, to adhere to their findings36. 

On  25  October  2023,  the  General  Court  delivered  is  judgment  in  BEH  annulling,  on 
substantive  and  procedural  grounds,  a  decision  adopted  by  the  Commission  concerning  an 
alleged abuse of dominance position by the BEH Group37. In relation to the substance of the 
alleged abuse,38 the General Court concluded that the Commission has not established, to the 
requisite  legal  standard,  that  there  was  a  refusal  of  the  BEH  Group  to  grant  access  to  the 
relevant infrastructures capable of infringing Article 102 TFEU. 

1.2.3 Rules concerning organisation of sports 

On  21  December  2023,  the  Court  of  Justice  delivered  three  judgments  regarding  rules 
concerning the organisation of sports.  

In  International  Skating  Union39,  the  Court  of  Justice  dismissed  the  International  Skating 
Union’s  (ISU)  appeal  against  the  General  Court’s  judgment,  thereby  confirming  the 
Commission’s decision that found that certain rules enacted by ISU restricted competition, as 
they limited athletes’ commercial freedom to participate in international speed skating events 
organised  by  third  parties  and  prevented  potential  competitors  from  organising  and 
commercially exploiting such events. The Court of Justice confirmed that the organisation of 
sporting  competitions  constitutes  an  economic  activity  that  must  comply  with  competition 
rules.  Sports  federations  may  adopt  and  ensure  compliance  with  rules  relating  to  the 

33 See C-680/20, Unilever, paras. 34-62. 
34  Judgment  of  the  Court  of  Justice  of  4.7.2023  in  Case  C-252/21,  Meta  Platforms  Inc.  and  Others  v. 
Bundeskartellamt, ECLI:EU:C:2023:537. 
35 Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons 
with regard to the processing of personal data and on the free movement of such data, OJ L 119, p. 1. 
36 See C-252/21, Meta, paras 36-63. 
37 Judgment of the General Court of 25.10.2023 in Case T-136/19, Bulgarian Energy Holding EAD and Others 
v. Commission, ECLI:EU:T:2023:669. The Commission has appealed this judgment. 
38 See below Part I, section 1.2.4. 
39  Judgment  of  the  Court  of  Justice  of  21.12.2023  in  Case  C-124/21  P,  International  Skating  Union  v 
Commission, ECLI:EU:C:2023:1012. 

10 

 
 
organisation  of  competitions,  provided  that  such  rules  are  transparent,  objective,  non-
discriminatory and proportionate. Otherwise, such rules may exclude competitors and restrict 
the  organisation  of  new  competitions,  preventing  athletes  from  participating  in  those 
competitions and audiences from watching them. 

In  European  Superleague  Company,  the  Court  of  Justice  delivered  its  judgment  on  a 
prelimany reference from the Commercial Court of Madrid concerning FIFA’s and UEFA’s 
rules  on  prior  approval  of  interclub  football  competition40.  The  Court  of  Justice  first 
confirmed that the organisation of interclub football competitions and the exploitation of the 
media rights are economic activities subject to the rules of competition law. It then explained 
that  undertakings  that  have  a  dominant  position  and  that  have  the  power  to  determine  the 
conditions under which potential competitors may enter the market, must exercise that power 
subject to criteria which are transparent, objective, non discriminatory and proportionate. The 
Court of Justice held that FIFA’s and UEFA’s rules are not in line with any such criteria. 

In  Royal  Antwerp,  the  Court  of  Justice  addressed  a  preliminary  ruling  by  the  Court  of  First 
Instance  of  Brussels  concerning  UEFA’s  and  the  Belgian  Football  Association’s  rules 
requiring a minimum number of ‘home-grown players’ to be included in football teams41. The 
Court of Justice confirmed that such rules must comply with competition rules and provided 
some clarifications on how the ‘home-grown players’ rule may impact competition between 
professional football clubs. The Court also examined in what circumstances such rules can be 
exempted under Article 101(3) TFEU42. 

1.2.4 Antitrust procedure 

On 9 March 2023, the Court of Justice43 in Les Mousquetaires and ITM Enterprises; Casino, 
Guichard-Perrachon  and  Intermarché  Casino  Achats  held  inter  alia  that  the  Commission’s 
obligation  to  record  interviews  conducted  pursuant  to  Regulation  1/2003  extends  to 
interviews conducted before a formal investigation has been opened.  

On 24 May 2023, the General Court delivered its judgment in Meta (RFI) where it examined 
the  lawfulness  of  a  Commission’s  request  for  information  using  search  terms  under 
Regulation  1/2003,  as  well  as  the  lawfulness  of  a  virtual  data  room  procedure  for  the 
processing  of  documents  containing  sensitive  personal  data44.  The  General  Court  confirmed 
that the procedural safeguards applied by the Commission – including the choice of the search 
terms  –  are  fully  compliant  with  the  Commission’s  obligations  under  European  data 

40 Judgment of the Court of Justice of 21.12.2023 in Case C-333/21, European Superleague Company SL v FIFA 
and Others, ECLI:EU:C:2023:1011. 
41 Judgment of the Court of Justice of 21.12.2023 in Case C-680/21, UL and SA Royal Antwerp Football Club v. 
URBFA and UEFA, ECLI:EU:C:2023:1010. 
42 See C-680/21, Royal Antwerp, paras. 76-135. 
43 Judgments of the Court of Justice of 9.3.2023 in Cases C-682/20 P, Les Mousquetaires and ITM Entreprises v 
Commission,  EU:C:2023:170,  C-690/20  P,  Casino,  Guichard-Perrachon  and  Achats  Marchandises  Casino  v 
Commission,  ECLI:EU:C:2023:171,  and  C-693/20  P, 
Intermarché  Casino  Achats  v  Commission, 
EU:C:2023:172. 
44 Judgment of the General Court of 24.5.2023 in Case T-451/20,  Meta Platforms Ireland v Commission, EU: 
T:2023:276, paras. 219 – 222. 

11 

 
 
protection rules and that the Commission did not infringe Meta’s right to privacy and to good 
administration, and respected the principle of proportionality. 

In the BEH judgment of 25 October 2023, the General Court found that the Commission has 
infringed the principle of good administration and, thus, BEH Group’s rights of defence45. In 
particular,  the  Commission  did  not  properly  record  and  include  in  the  investigation  file  the 
minutes  of  meetings  with  a  complainant  (an  obligation  that  extends  to  meetings  that  occur 
post Statement of Objections) and wrongly  concluded that  some pieces of information  were 
confidential. 

1.3. Significant judgments by EU Courts in cartel enforcement  

In  2023,  the  EU  Courts  largely  confirmed  the  Commission’s  cartel  enforcement  practice 
including  its  fining  policy.  In  particular,  in  its  judgment  of  12  January  2023  in  HSBC,  the 
Court  of  Justice  confirmed  the  procedural  guarantees  applicable  in  staggered  hybrid 
procedures46. In the judgment, the Court of Justice also clarified important aspects concerning 
the  analysis  of  pro-competitive  effects  of  unlawful  conducts  in  the  context  of  by  object 
restriction  of  competition  and  upheld  the  Commission’s  decision  on  substance47.  These 
principles were applied by the General Court in December 2023 in parallel separate appeals 
against the same cartel decision (the Euribor cartel)48.   

In  its  judgment  of  18  October  2023  in  Clariant  (Ethylene  cartel)49,  the  General  Court  dealt 
with  an  appeal  by  one  of  the  addressees  of  a  cartel  settlement  decision.  The  General  Court 
fully  upheld  the  Commission’s  fining  decision,  recognizing  the  Commission’s  broad 
discretion to increase the fine to reflect the fact that Clariant was a repeat infringer50 and to 
ensure sufficient deterrence when fines in  buyer cartels  are based on the Value of Purchase 
(without  the  need  to  analyse  the  actual  effects)51.  The  Commission  had  in  a  cross-appeal 
asked the Court to increase the fine by 10%, arguing that Clariant’s appeal on points that were 
known to it when it introduced its settlement submission had frustrated the efficiencies gained 
in  the  settlement  procedure  that  were  rewarded  with  the  10%  settlement  reduction.  The 
General  Court,  however,  found  that  the  Commission  had  in  this  case  not  demonstrated  that 
Clariant’s  agreement  to  pay  the  maximum  amount  of  the  fine  range  disclosed  during  the 

45  Judgment  of  the  General  Court  of  25.10.23  in  Case  T-136/19,  Bulgarian  Energy  Holding  and  Others  v 
Commission, EU:T:2023:669. The Commission has appealed this judgment. 
46 Judgment of the Court of Justice of 12.1.2023 in Case C-883/19 P, HSBC Holdings and Others v Commission, 
EU:C:2023:11. Staggered hybrids are where the Commission adopts a decision against the settling parties under 
the settlement procedure and subsequently adopts a decision against the non-settling parties under the standard 
procedure. 
47 Judgment of the Court of Justice of 12.1.2023 in Case C-883/19 P, HSBC Holdings and Others v Commission, 
EU:C:2023:11, paragraphs 139 – 143. 
48  Judgements  of  the  General  Court  of  20.12.2023  in  Cases  T-106/17,  JPMorgan  Chase  and  Others  v 
Commission,  EU:T:2023:832,  and  T-113/17,  Crédit  Agricole  and  Crédit  Agricole  Corporate  and  Investment 
Bank v Commission, EU:T :2023 :847.  
49 Judgment of the General Court of 18.10.2023 in Case T-590/20, Clariant et Clariant International v 
Commission, EU:T:2023:650. 
50 Idem, paragraphs 66-106. 
51 Idem, paragraphs 107-141. 

12 

 
 
settlement discussions meant that it had also understood and finally accepted the two uplifts in 
the fine that it had disputed during the settlement discussions52.  

1.4. The fight against cartels remains a top priority 

Cartels  cause  immense  damage  to  the  EU  economy  and  harm  affected  companies  and 
consumers.  The  detection  and  sanction  of  cartels  therefore  remains  a  core  mission  for  the 
Commission. Cartel enforcement is even more important at a time when companies are facing 
various crisis scenarios, since the temptation to collude risks to increase.  

In  2023,  the  Commission  continued  to  build  up  new  streams  of  cartel  cases,  relying  on 
information from leniency applicants as well as leads obtained from its own ex officio efforts. 
Unannounced  inspections  have  been  carried  out  in  several  sectors53,  based  on  different 
triggers  and  tackling  different  types  of  behaviour.  By  aiming  for  a  diversified  portfolio  of 
detection  tools  and  investigations  in  different  sectors,  the  Commission  intends  to  send 
deterrent signals to a wider audience and trigger compliance efforts. 

In 2023, the Commission continued to develop its ex officio strategy to detect new cartel cases 
also  outside  the  leniency  regime.  It  consists  of  several  elements  seeking  to  encourage  the 
reporting of suspicious behaviours (including whistleblower tools and outreach activities with 
external  stakeholders)  and  detecting  leads  through  market  monitoring  exercises  and  close 
investigative cooperation with other non-competition authorities. Such strategy benefits from 
the support of the dedicated forensic/intelligence Unit ‘Data Analysis and Technology’ (Chief 
Technology  Officer  (CTO)  team)54.  Thanks  to  this  investment,  a  growing  number  of 
investigations is initiated based on the Commission’s ex-officio work. As a visible signal of its 
closer cooperation with other cartel enforcers, the Commission coordinated in 2023 several of 
its evidence-gathering actions, including inspections, with other competition authorities55. 

The  Commission  also  continued  to  invest  in  strengthening  its  leniency  policy.  In  2023,  the 
number  of  leniency  applications  continued  to  rise  for  the  third  year  in  a  row.  Stakeholders 
welcomed  the  Frequently  Asked  Questions  published  in  202256,  and  the  new  practical 
arrangements,  such  as  the  possibility  to  contact  designated  Leniency  Officers  for  informal 
advice and guidance, and the willingness to discuss potential leniency applications on a ‘no-
name’ basis were used.  

52 Idem, paragraphs 220-230. 
53 See the press releases of unannounced antitrust inspections in the construction chemicals sector: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_23_5061; fragrance sector: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_23_1532; fashion sector: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_23_2352 and  
online food delivery sector: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_4345  
54 See below Part I, section 5.1. 
55 See for example the inter-agency contacts that took place with the US Department of Justice, the UK 
Competition and Market Authority and the Swiss Competition Commission before the inspections in the 
Consumer Fragrance sector in March 2023, see: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_23_1532. See the coordinated inspections with two 
other non-EU jurisdictions in October 2023: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_5061 
56 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_6373  

13 

 
 
 
The  Commission  has  also  continued  to  reinforce  its  eLeniency  tool  to  ensure  that  leniency 
submissions can be filed in a secure online environment 24/7, and to facilitate an efficient and 
safe two-way interaction with parties including in the context of settlement procedures.  

In  September  2023,  the  Commission  sanctioned  for  the  first  time  a  cartel  in  the  defence 
sector, and imposed a fine on Diehl of EUR 1.2 million for participating in a cartel concerning 
the sale of military hand grenades together with its competitor RUAG57. RUAG was not fined 
as it revealed the cartel to the Commission under the leniency programme. The Commission 
found  that  the  companies  split  national  markets  across  the  EEA  between  themselves  during 
almost 14 years. Both companies admitted their involvement in the cartel and agreed to settle 
the case. This is one of the quickest cartel investigations that the Commission has carried out 
to date.  

In  October  2023,  the  Commission  fined  Alkaloids  of  Australia,  Alkaloids  Corporation, 
Boehringer, Linnea and Transo-Pharm a total of EUR 13.4 million in a settlement procedure 
for  participating  in  a  cartel  concerning  a  pharmaceutical  ingredient  (N-Butylbromide 
Scopolamine/ Hyoscine - SNBB) necessary to produce abdominal antispasmodic drugs 58. C2 
PHARMA  was  not  fined  as  it  revealed  the  cartel  to  the  Commission  under  the  leniency 
programme.  The  Commission  established  that  the  six  companies  coordinated  and  agreed  to 
fix  the  minimum  sales  price  of  SNBB  to  customers  (i.e.  distributors  and  generic  drug 
manufacturers)  and  to  allocate  quotas.  In  addition,  the  companies  exchanged  commercially 
sensitive  information.  All  companies  admitted  their  involvement  in  the  cartel  and  agreed  to 
settle  the  case.  This  is  the  first  time  that  the  Commission  sanctions  a  cartel  in  the 
pharmaceutical sector and in relation to an active pharmaceutical ingredient. The Commission 
cooperated  and  coordinated  certain  investigative  activities  with  the  Swiss  and  Australian 
competition authorities. 

Building  on  its  strong  enforcement  record  in  the  financial  sector,  the  Commission  also 
adopted  a  decision  in  November  2023  in  the  bond  trading  area59,  and  imposed  a  fine  on  
Rabobank  of  EUR  26.6  million  for  participating  in  a  cartel  concerning  the  trading  of  Euro-
denominated bonds, together with Deutsche Bank. Deutsche Bank was not fined as it revealed 
the cartel to the Commission under the leniency programme. The investigation revealed that 
between  2006  and  2016  the  two  banks  exchanged,  through  some  of  their  traders, 
commercially sensitive information and coordinated their trading and pricing strategies. This 
included inter alia coordination on prices to be offered and displayed on Bloomberg AllQ (all 
quotes for bonds) screens, which is a dealer-to-client electronic trading platform, and mutual 
warnings when the other bank's indicative price on screen was considered to be too low or too 
high. 

In December 2023, the Commission fined Lantmännen ek för and its subsidiary Lantmännen 
Biorefineries AB (formerly named Lantmännen Agroetanol AB) a total  of EUR 47.7 million 

57 Case AT.40760, Hand grenades.  
58 Case AT.40636, SNBB. 
59 Case AT.40512, Euro-denominated bonds (EDB).  

14 

 
 
for colluding to influence the price formation mechanism for ethanol in Europe.  It closed its 
investigation against the other suspected undertaking60. 

Furthermore, in November 2023, the Commission informed six manufacturers of automotive 
starter  batteries  Banner,  Clarios  (former  JC  Autobatterie),  Exide  Technologies,  FIAMM 
Energy Technology (and its predecessor Elettra) and Rombat as well as the trade association 
Eurobat  and  its  service  provider  Kellen  of  its  preliminary  view  that  they  have  breached 
antitrust  rules  by  colluding  to  increase  the  prices  of  automotive  starter  batteries  sold  to  car 
producers in the EEA61.  

The  Commission  also  remains  committed  to  investigating  possible  anticompetitive  conduct 
affecting  the  achievement  of  the  green  and  digital  transitions.  Following  unannounced 
inspections in June 202362, the Commission continued its investigation into the synthetic turf 
industry  in  several  Member  State  to  determine  whether  the  companies  active  in  this  sector 
have  infringed  EU  antitrust  rules.  The  Commission  also  continued  its  investigation  into  a 
possible  collusion  in  the  recycling  of  end-of-life  passenger  vehicles  (launched  through 
unannounced inspections in several Member States in March 2022)63. 

1.5. Cooperation within the European Competition Network and with national Courts 

1.5.1.  Cooperation  with  the  national  competition  authorities  within  the  European 
Competition Network 

Since 2004, the Commission and the NCAs in all EU Member States cooperate through the 
European  Competition  Network  (ECN)64.  The  objective  of  the  ECN  is  to  ensure  that  EU 
antitrust rules are applied in an effective and coherent manner against companies engaging in 
business  practices  that  restrict  competition  and  that  are  liable  to  affect  trade  between  EU 
Member States. 

In 2023, the Commission continued to safeguard the coherent application of Articles 101 and 
102 TFEU through the ECN. Two of the key supporting cooperation mechanisms provided in 
Regulation  1/2003  are  the  obligations  of  NCAs:  (i)  to  inform  the  Commission  about  a  new 
investigation  at  the  stage  of  the  first  formal  investigative  measure,  and  (ii)  to  consult  the 
Commission  on  certain  types  of  envisaged  decisions.  In  2023,  140  new  investigations  were 
launched within the network and 88 envisaged decisions were submitted. 

In addition to those cooperation mechanisms, other ECN cooperation work streams ensure a 
coherent  enforcement  of  the  EU  competition  rules.  The  ECN  members  meet  regularly  to 
discuss cases, policy issues and matters of strategic importance. In 2023, 48 meetings across 
horizontal  working  groups  and  sector-specific  sub-groups  took  place  where  competition 
experts from the various authorities exchanged views and explored best practices. 

60 Case AT.40054, Ethanol benchmarks. 
61 Case AT.40545, Automotive starter batteries, see: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_23_6146  
62 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3133  
63 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_1765 
64 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. 

15 

 
 
1.5.2. ECN+ Directive 

The  ECN+  Directive65  which  came  into  force  in  February  2019,  aims  to  ensure  that  when 
applying  the  same  legal  provisions  –  the  EU  antitrust  rules  –  the  NCAs  have  effective 
enforcement  tools  and  the  resources  necessary  to  detect  and  sanction  companies  infringing 
those rules. It also aims to ensure that the NCAs can take their decisions in full independence, 
based on the facts and the law. The changes introduced by the ECN+ Directive contribute to 
the objective of a genuine Single Market, promoting the overall goal of an open, competitive 
and innovative internal market creating jobs and growth. 

Member States had to transpose the ECN+ Directive into national law by 4 February 2021. In 
March 2021, the Commission sent Letters of Formal Notice, opening infringement procedures 
against 22 Member States for non-communicating the transposing measures by the deadline. 
In  September  2022,  the  Commission  sent  a  Reasoned  Opinion,  the  second  step  of  the 
infringement procedure, to four Member States that by then had not notified any transposing 
measures.  In July 2023, the Commission sent a Reasoned Opinion to another Member State 
for a partial failure to transpose and referred another Member State to the Court of Justice for 
a lack of transposition. By the end of 2023, 26 Member States had notified full transposition 
of  the  Directive.  The  Commission  is  checking  the  completeness  and  conformity  of  their 
national transposition measures. In the last quarter of 2023, the Commission closed six of the 
infringement procedures out of the 22 that had been opened against certain Member States66.  

1.5.3. Cooperation with national courts 

In addition to its cooperation with the NCAs in the context of the ECN, the Commission also 
continued  in  2023  its  cooperation  with  national  courts.  The  Commission  supports  national 
courts  in  enforcing  the  EU  competition  rules  in  an  effective  and  coherent  manner  by 
providing case-related information or opinions on matters of substance, or by intervening as 
amicus curiae in proceedings pending before the national courts.  

1.5.4. Private enforcement 

The  Damages  Directive67  aims  in  particular  to  make  it  easier  for  anyone  harmed  by 
infringements  of the EU antitrust  rules to  avail of the right to  compensation before national 
courts. Since the adoption of the Damages Directive in 2014, the number of damages actions 
before national courts has increased significantly and actions for damages have become much 
more  widespread  in  the  EU.  This  has  resulted  in  an  increasing  number  of  references  for  a 
preliminary  ruling  to  the  Court  of  Justice  under  Article  267  TFEU.  These  contribute  to  the 
further clarification of central aspects of private enforcement of EU competition law as well 
as to the consistent interpretation of the Damages Directive. A significant number of damages 

65  Directive  (EU)  2019/1  of  the  European  Parliament  and  of  the  Council  of  11.12.2018  to  empower  the 
competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning 
of the internal market, OJ L 11, 14.1.2019, p. 3. 
66 The procedures opened against Belgium, Italy, Bulgaria, Malta, Sweden and Slovenia were closed. 
67  Directive  2014/104/EU  of  the  European  Parliament  and  of  the  Council  of  26.11.2014  on  certain  rules 
governing  actions  for  damages  under  national  law  for  infringements  of  the  competition  law  provisions  of  the 
Member States and of the European Union, OJ L 349, 5.12.2014, p. 1. 

16 

 
 
 
actions  are  follow-on  actions,  where  the  person  harmed  by  a  competition  law  infringement 
claims  damages  following  a  final  decision  of  a  competition  authority  identifying  an 
infringement of the EU antitrust rules. ‘Stand-alone’ actions that do not rely on such decisions 
are also being brought before national courts. By the end of 2023, more damages claims fell 
fully within the scope of the Damages directive and experience was beginning to be gained in 
practice regarding all provisions of the directive.   

The Commission continues to monitor the application by the national courts of the Member 
States of the Damages Directive.  

2. 

MERGER CONTROL 

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

EU  merger  control  ensures  that  companies  active  in  EU  markets  can  compete  on  fair  and 
equal terms. Proposed transactions which may distort competition are subject to close scrutiny 
by  the  Commission  under  the  EU  Merger  Regulation  (EUMR)68.  If  necessary  to  protect 
competition,  the  Commission  can  give  merging  companies  the  possibility  to  dispel 
competition concerns by offering commitments. If sufficient commitments cannot be found or 
agreed upon, the Commission may prohibit the transaction. In its assessment, the Commission 
considers the efficiencies brought about by mergers. Efficiencies may have positive effects on 
costs  and  innovation,  for  example,  if  they  are  verifiable,  merger-specific  and  likely  to  be 
passed on to consumers. 

2.1. Recent enforcement trends  

The Commission’s enforcement activity remained at a high level with a total number of 333 
merger  decisions  adopted  in  2023  (356  notifications).  Moreover,  in  2023  the  Commission 
received 25 reasoned submissions by notifying parties in pre-notification, requesting a referral 
of a case from the Commission to a NCA or vice versa. The Commission accepted to examine 
three  transactions  following  a  referral  pursuant  to  Article  22  EUMR  and  referred  one 
transaction pursuant to Article 9 EUMR to be examined by NCAs. 

The  vast  majority  of  mergers  notified  in  2023  did  not  raise  competition  concerns  and  were 
speedily  reviewed.  Nevertheless,  in  2023,  the  Commission’s  merger  enforcement  was 
intensive  due  to  the  large  number  of  notified  transactions  as  well  as  the  complexity  of  a 
significant number of cases. Moreover, the Commission intervened in 11 cases. An increasing 
number  of  notified  transactions  concerned  already  concentrated  industries.  Reviewing  such 

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

17 

 
 
 
 
transactions  required  the  Commission  to  carefully  assess  their  potential  impact  on 
competition,  employing  sophisticated  quantitative  techniques  and  comprehensive  qualitative 
investigative tools. 

In 2023, the Commission opened in-depth investigations (Phase II) in five cases. These cases 
concerned  diverse  sectors  of  the  economy,  including  passenger  and  cargo  air  transport, 
satellite-based  communication  services,  telecommunications,  manufacture  of  consumer 
electronics, interactive product design software. 

In  line  with  the  trends  of  recent  years,  the  Commission  in  2023  assessed  six  mergers 
involving  digital  issues.  For  example,  the  Commission,  following  an  in-depth  assessment, 
adopted  a  clearance  with  commitments  decision  in  Microsoft’s  acquisition  of  Activision 
Blizzard 69.  

The  Commission’s  merger  enforcement  activities  slightly  decreased  in  comparison  to  the 
most recent years. In 2023, the Commission adopted 333 merger decisions in various sectors 
of  which  271  were  approved  following  a  simplified  procedure  (82%  of  all  notified 
transactions  in  2023  were  treated  under  the  simplified  procedure).  Among  the  11  proposed 
acquisitions  in  which  the  Commission  intervened,  9  transactions  were  approved  subject  to 
conditions. One notified transaction was abandoned by the parties and withdrawn in Phase II 
during  the  in-depth  investigation70.  Finally,  the  Commission  prohibited  one  transaction  in 
202371. 

Figure 3: Merger outcome 2014-2023  

69  Case  M.10646,  Microsoft/Activision  Blizzard,  see  below,  Part  II,  section  2.2.5.  For  more  information  on 
mergers involving digital issues, see below, Part II, section 2.2. 
70Case M.11033, Adobe/Figma,  
see:https://ec.europa.eu/commission/presscorner/detail/en/STATEMENT_23_6715.  See  below,  Part  II,  Section 
2.2.3. 
71 Case M.10615, Booking holdings/eTraveli Group, see below, Part II, section 8.2.13. 

18 

 
 
 
450

400

350

300

250

200

150

355
27
1

81

320
22
1

75

300
18
2

73

100

207

246

222

50

0

Interventions*

395
25
4

64

377
24

73

362 353
19
18
1

60

56

398
14

75

372
18

63

2nd Phase Clearance without
remedies
1st Phase Clearance
(Non-simplified Procedure)
1st Phase Clearance
(Simplified Procedure)

333
11
2

49

302

280

283

278

309

291

271

* Interventions in merger 
cases include prohibition 
decisions, mergers cleared 
subject to remedies as well as 
withdrawals in Phase II; 
In 2023, one case was 
withdrawn in Phase II.
Prohibition decisions: one in 
2016 and 2023; two in 2017 
and 2022; three in 2019.

Source: Directorate-General 
for Competition

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

Most remedies accepted  by the Commission  in  2023 consisted of  divestitures of tangible or 
intangible assets. This confirms the Commission’s general preference for structural remedies 
in  merger  cases  as  they  are  best  suited  to  address  competition  concerns  arising  from  a 
concentration in a durable manner. 

In  addition  to  remedies  offered  in  Phase  II  investigations,  in  2023,  the  Commission  also 
cleared  transactions  subject  to  remedies  where  the  notifying  parties  offered  comprehensive 
remedy  packages  already  in  Phase  I,  including  in  some  complex  transactions  such  as  the 
acquisition by Hitachi Rail of Thales' ground transportation business72. 

2.2. Review of merger control rules and guidance 

On  20  April  2023,  the  Commission  adopted  the  Merger  Simplification  Package  aimed  at 
simplifying its procedures for reviewing concentrations under the EUMR73. 

The core of this package is a revised Notice on a Simplified Procedure74. This Notice expands 
the number of categories  of cases that can benefit  from  simplified treatment,  by two. These 
are  cases  where  under  all  plausible  market  definitions,  (i)  the  individual  or  combined 
upstream  market  share  of  the  merging  parties  is  below  30%  and  their  combined  purchasing 
share  is  below  30%,  and  (ii)  the  individual  or  combined  upstream  and  downstream  market 
shares of the merging parties are below 50%, the market concentration index (‘HHI delta’) is 

See: 

72 Case M.10507, Hitachi Rail/Ground transportation business of Thales. See below, Part II, section 5.2.2. 
73 
procedures_en#background  
74  Commission  Notice  on  a  simplified  treatment  for  certain  concentrations  under  Council  Regulation  (EC)  No 
139/2004 on the control of concentrations between undertakings, OJ C 160, 5.5.2023, p. 1. 

https://competition-policy.ec.europa.eu/mergers/publications/simplification-merger-control-

19 

 
 
 
below 150, and the company with the smallest market share is the same in the upstream and 
downstream markets. 

In addition, the Notice also grants the Commission discretion to treat certain cases under the 
simplified  procedure  even  if  they  do  not  fall  under  any  of  the  default  categories  for  such 
treatment (the so-called: flexibility clauses). There is now (i) a flexibility clause for horizontal 
overlaps where the combined market share of the parties to the concentration is 20-25% and 
for vertical relationships where the individual or combined upstream and downstream market 
shares of the parties are 30-35%; (ii) a flexibility clause for joint ventures with turnover and 
assets between EUR 100 and 150 million in the EEA; and (iii) a flexibility clause for vertical 
relationships  where  the  individual  or  combined  market  shares  of  the  parties  to  the 
concentration  do  not  exceed  50%  in  one  market  and  10%  in  the  other  vertically  related 
market.  The  Notice  also  includes  a  clearer  and  more  detailed  list  of  safeguards,  i.e. 
circumstances  when  a  concentration  that  technically  qualifies  for  simplified  treatment 
nevertheless could be investigated under the normal procedure. 

The  package  further  includes  a  revised  Implementing  Regulation75  which,  among  others, 
includes revised notification forms. The new notification form under the Simplified Procedure 
can be completed easier and faster by using a tick-the-box approach. Lastly, the Commission 
introduced via this package electronic notifications of mergers by default76. 

Moreover in 2023, the Commission continued working on a new Market Definition Notice to 
bring its guidance in line with new market realities. 

2.3. Significant judgments by EU Courts in merger control 

In Towercast, the Court of Justice stated in a preliminary ruling of 16 March 2023 that Article 
102 TFEU could under certain circumstances be applied by national competition authorities to 
concentrations. National authorities can apply Article 102 TFEU directly, by recourse to their 
own procedural rules, to a concentration that falls below the merger control thresholds under 
EU and national law77. 

On  17  July  2023,  the  Court  of  Justice  annulled  the  judgment  by  the  General  Court  in  CK 
Telecoms78. At the origin of this dispute was a decision by the Commission in 2016, in which 
it  prohibited  the  takeover  of  Telefonica  Europe  by  Hutchison  3G  UK  (now  CK  Telecoms 
UK).  The  judgment  of  the  Court  of  Justice  is  important  in  many  aspects,  as  it  supports  the 

75  Commission  Implementing  Regulation  (EU)  2023/914  of  20  April  2023  implementing  Council  Regulation 
(EC) No 139/2004 on the control of concentrations between undertakings and repealing Commission Regulation 
(EC) No 802/2004 (Text with EEA relevance), OJ L 119, 5.5.2023, p. 22. 
76  Communication  from  the  Commission  –  Communication  pursuant  to  Articles  3(2),  13(3),  20,  and  22  of 
Commission Implementing Regulation (EU) 2023/914 implementing Council Regulation (EC) No 139/2004 on 
the  control  of  concentrations  between  undertakings  and repealing  Commission  Regulation  (EC)  No  802/2004, 
OJ C 160, 5.5.2023, p. 1. 
77 Judgment of the Court of Justice of 16.3.2023 in Case C‑449/21, Towercast v Autorité de la concurrence and 
Ministère de l’Économie, ECLI:EU:C:2023:207. 
78  Judgment  of  the  Court  of  Justice  of  13.7.2023  in  Case  C-376/20  P,  Commission  v  CK  Telecoms  UK 
Investments, ECLI:EU:C:2023:561. 

20 

 
 
Commission’s  approach  in  so-called  ‘gap  cases’79.  In  particular,  the  Court  confirmed  the 
Commission’s interpretation that the test is symmetrical, i.e. the Commission has to show that 
it is ‘more likely than not’ that the concentration concerned would or would not significantly 
impede effective competition. The General Court had decided on a higher standard of ‘strong 
probability’.  The  judgment  contains  further  useful  clarifications  concerning  closeness  of 
competition,  where  the  Court  of  Justice  set  the  bar  back  to  ‘close’  instead  of  ‘particularly 
close’ as interpreted by the General Court, the concept of an important competitive force, as 
well as the limits of the jurisdictional review.  

In  Altice,  the  Court  of  Justice  decided  on  9  November  2023,  that  the  Commission  had 
correctly found that Altice had breached both  the notification requirement  and the standstill 
obligation  laid  down  in  the  EUMR  by  implementing  its  acquisition  of  the  Portuguese 
telecommunications  operator  PT  Portugal  prior  to  notification  and  approval  by  the 
Commission.80  In  its  judgment,  the  Court  of  Justice  fully  upheld  the  Commission’s  finding 
that certain provisions of the purchase agreement resulted in Altice acquiring the legal right to 
exercise  decisive  influence  over  PT  Portugal  and  that  in  certain  instances  the  company 
actually exercised such influence, in breach of the EUMR. 

On  21  December  2023,  the  Court  of  Justice  dismissed  an  appeal  by  UPS  and  upheld  the 
judgment  of  the  General  Court  regarding  claims  for  damages  totalling  EUR  1.7  billion 
allegedly caused by the decision of the Commission in January 2013 prohibiting the proposed 
takeover  of  TNT  by  UPS81.  The  Court  of  Justice  concluded  that  the  General  Court  had 
correctly found that there was no  causal  link between the  alleged damages suffered  and the 
procedural failure of the Commission. 

3. 

STATE AID CONTROL 

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

The Treaty establishes the principle that State aid which distorts or threatens to distort competition is prohibited 
in so far as it affects trade between Member States (Article 107(1) TFEU). However,  certain types of State aid 
may be considered compatible with the internal market (under Article 107(3) TFEU).  

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

79  Gap  cases  are  cases  in  which  a  merger  between  actual  or  potential  competitors  falls  short  of  creating  or 
strengthening  a  dominant  position  but  nevertheless  could  lead  to  a  significant  impediment  to  effective 
competition through so-called non-coordinated effects. 
80  Judgment  of  the  Court  of  Justice  of  9.11.2023  in  Case  C-746/21 P,  Altice  Group  Lux  Sàrl  v 
European Commission and Council of the European Union, ECLI:EU:C:2023:836.  
81  Judgment  of  the  Court  of  Justice  of  21.12.2023  in  Case  C‑297/22  P,  UPC  Inc  v  European  Commission, 
ECLI:EU:C:2023:1027. 

21 

 
 
 
 
Although there was a decrease in the number of State aid decisions in 2023, compared to the 
previous 3 years, the number remains almost double of the level existing pre-crisis. 

Figure 4: State aid decisions 2014-2023  

1200

1000

800

600

400

654
57
18
93
28

458

200

0

429
45
18
38
22

429
47
23
34
20

306

305

356
36
21
27
8

264

309
24
19
19
9

323
16
9
10
65

238

223

1068
57
9
15

20

1020
28
7
19
14

873
49
10
7

5

952

967

802

626
33
8
12
5

568

Others

Non-aid decisions

Final decisions

Initiation of formal
procedure

Decision not to raise
objections

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

Source: Directorate-General 
for Competition

3.1. Temporary Crisis and Transition Framework to further support transition towards 
a net-zero economy 

In  March  2022,  the  Commission  adopted  a  Temporary  Crisis  Framework  for  State  Aid 
measures  to  support  the  economy  following  Russia’s  war  of  aggression  against  Ukraine 
(TCF)82. The TCF allowed liquidity support for all undertakings directly or indirectly affected 
by the crisis and aid to undertakings, in particular energy-intensive commercial consumers, to 
compensate for part of their increase in energy costs due to the price shock since the Russian 
agression, while including a number of safeguards to  minimise distortions to competition in 
the Single Market.  

In July 2022, the TCF was amended83 to complement the Winter Preparedness Package84 and 
in  line  with  the  objectives  of  the  REPowerEU  plan85.  In  October  2022,  the  Commission 

82 Communication from the Commission – Temporary Crisis Framework for State Aid measures to support the 
economy following the aggression against Ukraine by Russia, OJ C 131I, 24.3.2022, p. 1.  
83  Communication  from  the  Commission  –  Amendment  to  the  Temporary  Crisis  Framework  for  State  Aid 
measures to support the economy following the aggression against Ukraine by Russia, OJ C 280, 21.7.2022, p. 1. 
This  first  amendment  included  provisions  for  Member  States  to  provide  support  to  accelerate  the  rollout  of 
renewable energy and to facilitate the decarbonisation of industrial processes. 
84 Proposal for a Council Regulation on coordinated demand reduction measures for gas, COM/2022/361 final, 
20.7.2022. 

22 

 
 
 
 
 
adopted  a  Communication  replacing  the  previous  TCF  with  an  updated  TCF86,  setting  the 
main principles for potential recapitalisations, especially for energy companies, increasing the 
maximum  allowed  aid  levels  for  small  aid  amounts,  and  providing  additional  flexibility  for 
guarantees for energy companies to cover their liquidity needs. It also simplified and adjusted 
the rules for aid granted in view of increased energy costs. 

On  17  March  2023  the  Commission  adopted  a  new  Temporary  Crisis  and  Transition 
Framework  (TCTF)87,  amending  and  prolonging  in  part  the  TCF  and  adding  possibilities  to 
foster  support  measures  in  sectors  which  are  key  for  the  transition  to  a  net-zero  economy 
considering the Green Deal Industrial Plan.  

The  TCTF  prolonged  the  possibility  for  Member  States  to  further  support  measures  needed 
for the transition towards a net-zero industry, in particular schemes for accelerating the rollout 
of  renewable  energy  and  energy  storage  and  schemes  for  the  decarbonisation  of  industrial 
production processes which Member States may set up until 31 December 2025; amended the 
scope  of  such  measures  to  make  schemes  to  support  renewable  energy,  energy  storage  and 
decarbonisation of industrial  production processes even  easier to  design  and more effective; 
and introduced criteria for authorising new measures, applicable until 31 December 2025, to 
further  accelerate  investments  in  key  sectors  for  the  transition  towards  a  net-zero  economy, 
enabling investment  support for the manufacturing of strategic equipment,  namely batteries, 
solar panels, wind turbines, heat-pumps, electrolysers and carbon capture usage and storage as 
well as for production of key components and for production and recycling of related critical 
raw  materials,  through  schemes  or  individual  aid  up  to  the  amount  of  subsidy  which  the 
beneficiary could receive for an equivalent investment in a third country jurisdiction outside 
the  EEA,  or  the  amount  needed  to  incentivise  the  company  to  locate  the  investment  in  the 
EEA  (the  so-called  ‘funding  gap’)  whichever  is  the  lowest.  The  energy  transition-related 
sections of the TCTF (sections 2.5, 2.6 and 2.8) apply until 31 December 2025. 

On 20 November 2023, the Commission adopted a limited prolongation until 30 June 2024 of 
the  TCTF  sections  enabling  Member  States  to  continue  to  grant  limited  amounts  of  aid, 
together  with  a  proportionate  increase  in  the  aid  ceilings  to  cover  the  winter  heating  period 
(section 2.1 TCTF), and aid to compensate for high energy prices (section 2.4 TCTF) notably 
in view of the remaining vulnerability of energy markets to which energy intensive industries 

85  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.  
86 Communication from the Commission  - Temporary Crisis Framework for State Aid measures to support the 
economy following the aggression against Ukraine by Russia, OJ C 426, 9.11.2022, p. 1. This Temporary Crisis 
Framework replaced the Temporary Crisis Framework adopted on 23 March 2022, as amended on 20 July 2022 
(‘previous  Temporary  Crisis  Framework’).  The  previous  Temporary  Crisis  Framework  was  withdrawn  with 
effect from 27 October 2022. 
87  Communication  from  the  Commission  on  the  Temporary  Crisis  and  Transition  Framework  for  State  Aid 
measures to support the economy following the aggression against Ukraine by Russia, OJ C 101, 17.3.2023, p. 3. 
This  TCTF  replaced  the  TCF  adopted  on  28  October  2022,  which  had  already  replaced  the  previous  TCF 
adopted on 23 March 2022, as amended on 20 July 2022. The TCF was  withdrawn with effect from 9 March 
2023. 

23 

 
 
are  particularly  sensitive88.  The  other  sections  of  the  Framework  remained  unchanged: 
sections 2.5, 2.6 and 2.8 of the TCTF remain in force until the end of 2025, and sections 2.2, 
2.3 and 2.7 were phased out on 31 December 2023.  

In  2023,  the  Commission  adopted  220  decisions  (of  which  91  amendment  decisions)  under 
the  TCF  and  TCTF,  approving  147  national  measures  notified  by  27  Member  States.  The 
overall budget that Member States notified to the Commission under such State aid measures 
amounted to around EUR 77.94 billion. 

3.2.  Phasing  out  of  the  Temporary  Framework  for  State  aid  measures  to  support  the 
economy during the COVID-19 pandemic 

In March 2020, the Commission adopted a Temporary Framework for State aid measures  to 
support the economy in  the current  COVID-19 outbreak  (COVID  Temporary  Framework)89 
to enable Member States to use the full flexibility foreseen under State aid rules to support the 
economy.  The  aim  of  the  Temporary  Framework  was  to  allow  Member  States  to  tackle  the 
difficulties undertakings were encountering as a result of the pandemic whilst maintaining the 
integrity of the EU internal market and ensuring free and fair competition.  

Most  of  the  provisions  of  the  COVID  Temporary  Framework  phased  out  on  30  June  2022. 
Investment and solvency support measures could still be put in place until 31 December 2023. 
In addition, the Temporary Framework enabled a flexible transition, under clear safeguards, 
in particular for the conversion and restructuring options of loans and guarantees into direct 
grants, until 30 June 2023. 

In 2023, the Commission adopted two decisions approving one new national measure under 
the COVID Temporary Framework. The total budget notified to the Commission under such 
State aid measures was around EUR 40.3 million90. 

3.3. Recovery and Resilience Facility (RRF) 

The  implementation  of  the  approved  national  Recovery  and  Resilience  Plans  (RRPs)  under 
the Recovery and Resilience Facility (RRF) progressed well. Moreover, most Member States 
were  complementing  their  RRPs  with  new  REPowerEU  chapters  covering  additional 
measures91.  State  aid  control  continues  to  ensure  that  any  competition  distortions  that 

88 Communication from the Commission – Amendment to the Temporary Crisis and Transition Framework for 
State  Aid  measures  to  support  the  economy  following  the  aggression  against  Ukraine  by  Russia,  OJ  C, 
C/2023/1188,  21.11.2023,  see:  https://competition-policy.ec.europa.eu/state-aid/temporary-crisis-and-transition-
framework_en 
89 Communication from the Commission: Temporary framework for State aid measures to support the economy 
in  the  current  COVID-19  outbreak,  OJ  C  91  I,  20.3.2020,  p.  1,  as  amended  by  Commission  Communications 
C(2020) 2215, OJ C 112I, 4.4.2020, p. 1; C(2020) 3156, OJ C 164, 13.5.2020, p. 3; C(2020) 4509, OJ C 218, 
2.7.2020, p. 3; C(2020) 7127, OJ C 340I, 13.10.2020, p. 1 and C(2021) 564, OJ C 34, 1.2.2021, p. 6, C(2021) 
8442, OJ C 473, 24.11.2021, p. 1 and C(2022) 7902 of 28 October 2022. 
90  In  addition,  the  Commission  adopted  two  decisions  concerning  the  recapitalisation  of  SAS  following  the 
annulment by the General Court of the Commission decisions in May 2023, See below, Part II, section 8.2.4. 
91 See Article 21c of Regulation (EU) 2021/241 of the European Parliament and of the Council establishing the 
Recovery and Resilience Facility, OJ L 57, 18.2.2021, as amended on 27 February 2023, OJ L 63, 28.2.2023, p. 
1. 

24 

 
 
measures included in the RRPs may cause are limited to the minimum necessary. In 2023, the 
Commission adopted decisions in at least 55 RRF cases92. 

To facilitate  work  for Member States, the Commission  provided early on guidance on State 
aid  legislation  and  procedures  in  the  RRF  context,  which  was  made  available  at  DG 
Competition’s website. Given that many relevant legal texts such as the  Guidelines on State 
aid  for  climate,  environmental  protection  and  energy  (CEEAG)93,  TCTF  and  the  General 
Block  Exemption  Regulation  (GBER)94  were  updated  in  2022  and  2023,  DG  Competition 
revised  the  guiding  templates  in  Spring  202395.  The  updated  guidance  was  notably  relevant 
for the design of measures under the new REPowerEU chapters. 

3.4. State aid for horizontal objectives 

Over the years, the architecture of State aid control has evolved. Today, a substantial part of 
aid  is  awarded  under  block-exempted  schemes.  State  aid  for  horizontal  objectives  generally 
accounts  for  most  of  all  aid.  The  Block  Exemption  Regulations  (GBER,  Agriculture  Block 
Exemption  Regulation  (ABER)96,  and  Fisheries  Block  Exemption  Regulation  (FIBER)97) 
allow Member States to implement a wide range of public support measures in areas such as 
research  and  development,  environmental  protection,  broadband  connectivity,  regional 
development, or support to SMEs, without prior notification if certain conditions are fulfilled. 
As illustrated by the graphs below, much of horizontal aid falls under the GBER. 

Figure 5: State aid expenditure 2012-2022 

92 For more information on RRF cases, see below in the sectoral sections. 
93  Communication  from  the  Commission,  Guidelines  on  State  aid  for  climate,  environmental  protection  and 
energy 2023, OJ C 80, 18.2.2022, p. 1. 
94 Commission Regulation (EU) No 651/2014 of 17.6.2014 declaring certain categories of aid compatible with 
the internal market in application of Articles 107 and 108 of the Treaty, OJ L 187, 26.6.2014, p. 1. 
95 See: https://competition-policy.ec.europa.eu/state-aid/legislation/rrf-guiding-templates_en  
96  Commission  Regulation  (EU)  2022/2472  of  14  December  2022  declaring  certain  categories  of  aid  in  the 
agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 
107 and 108 of the Treaty on the Functioning of the European, OJ L 327, 21.12.2022, p. 1. 
97 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. Both the ABER and FIBER were revised (see below, Part II, section 6.2.2). 

25 

 
 
 
 
Figure 6: GBER State aid expenditure by objective in the EU 

3.4.1. Evaluation of aid schemes 

The evaluation of aid schemes was introduced by the 2012 State Aid Modernisation (SAM)98. 
The  aim  is  to  gather  the  necessary  evidence  to  better  identify  the  impact,  positive  and 
negative, of the aid and to provide input for future policy-making by the Member States and 
the Commission. Since 1 July 2014, evaluation is required for large GBER schemes in certain 

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

26 

 
 
 
 
 
 
 
aid  categories99  as  well  as  for  a  selection  of  notified  schemes  under  the  new  generation  of 
State aid guidelines100.  

By the end of 2023, the Commission  had approved evaluation plans covering  129  State  aid 
schemes.  Ten  additional  schemes  were  still  under  analysis,  covering  a  total  of  20  Member 
States101 and the United Kingdom. Most of these decisions concerned either large regional aid 
projects  or  Research,  Development  and  Innovation  (RDI)  aid  schemes  under  GBER  or 
notified  energy  and  broadband  schemes.  In  total,  these  schemes  account  for  over  EUR  70 
billion in annual State aid budget. By the end of 2023, the Member States had delivered to the 
Commission  36  and  interim,  43  final  evaluation  reports.  They  were  assessed  by  the 
Commission services and considered to be of average to good quality102.  

In  2023,  the  Commission  continued  to  harmonise  the  evaluation  requirement  across  legal 
bases. This process was started in 2021 to take into account the experience maturated over the 
course of the previous years as well as the 2020 fitness check and fact-finding study to assess 
the  implementation  of  the  evaluation  requirement  as  foreseen  by  the  GBER  and  relevant 
guidelines. The revised version of the evaluation requirement features already in the recently 
approved  guidelines  on  Regional  aid103,  Risk  Finance104,  Broadband105,  Climate, 
Environmental protection and Energy (CEEAG), R&D, Agriculture, Fisheries and ETS106 as 
well as in the new ABER and FIBER.  

The current priority of the Commission is to assess evaluation reports, both intermediate and 
final  ones,  in  order  to:  (i)  give  appropriate  feedback  to  Member  States,  (ii)  make  sure  that 
results are used for better policy-making, and (iii) provide evidence to assist Member States 
when reflecting on future legal developments. 

3.4.2.  General  Block  Exemption  Regulation  amended  to  facilitate  the  Green  and 
Digital transitions 

99 Schemes with an average annual State aid budget above EUR 150 million in the fields of regional aid, aid for 
SMEs and access to finance, aid for research and development and innovation, energy and environmental aid and 
aid for broadband infrastructures. 
100 Evaluation can apply to notified aid schemes with large budgets, containing novel characteristics or when 
significant market, technology or regulatory changes are foreseen. 
101 Austria, Croatia, Czechia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Poland, 
Portugal, Romania, Slovakia, Spain, and Sweden. 
102 All the submitted evaluation reports are reviewed by the JRC within the framework of the Administrative 
Arrangement established between DG Competition and the JRC on the: ‘Support to the quality assessment of 
evaluation reports in the area of State Aid, 2018-2020’. The JRC has continued to support DG Competition 
under the new Administrative Arrangement for the ‘Support to the quality assessment of evaluation plans and 
reports in the area of State Aid, 2021-2023 (EVALSA II)’. 
103 Communication from the Commission, Guidelines on regional State aid, OJ C 153, 29.4.2021, p. 1. 
104  Communication  from  the  Commission,  Guidelines  on  State  aid  to  promote  risk  finance  investments,  OJ  C 
508, 16.12.2021, p. 1. 
105 Communication from the Commission, Guidelines on State aid for broadband networks 2023/C 36/01,  OJ C 
36, 31.1.2023, p. 1. 
106 Communication from the Commission, Guidelines on certain State aid measures in the context of the system 
for greenhouse gas emission allowance trading post-2021, OJ C 317, 25.9.2020, p. 5. 

27 

 
 
On 23 June 2023, the Commission  adopted a targeted amendment  to  the GBER  to  simplify 
and  speed  up  support  for  green  and  digital  investments  (so-called  Green  Deal  GBER 
amendment)107. This amendment prolongs the GBER until the end of 2026. 

The  revised  GBER  reflects  the  recent  changes  to  various  sets  of  State  aid  guidelines  and 
includes  provisions  to  tackle  some  of  the  economic  effects  stemming  from  Russia’s  war  of 
aggression against Ukraine and contribute to the recovery of Europe's economy, affected also 
by the coronavirus pandemic and the high energy prices. 

Among other changes, the revised rules increase and streamline the possibilities for aid in the 
area  of  environmental  protection  and  energy  to  support  the  rollout  of  renewable  energy, 
decarbonisation projects, green mobility and biodiversity, as well as to facilitate investments 
in  renewable  hydrogen  and  to  increase  energy  efficiency.  They  also  facilitate  the 
implementation of certain projects involving beneficiaries in several Member States, meaning 
projects related to Important Projects of Common European Interest (IPCEI)  in the research 
and development field, by increasing the aid intensities as well as the notification thresholds. 
Further,  they  block-exempt aid  measures  set  up  by  Member  States  to regulate  prices  for 
energy such  as  electricity,  gas  and  heat  produced  from  natural  gas  or  electricity,  and  they 
introduce  a  significant increase  of  notification  thresholds for environmental  aid as  well  as 
for Research,  Development  and  Innovation  (RDI)  aid.  Finally,  the  provisions  concerning 
fixed and mobile broadband networks are also clarified and expanded in key areas, such as the 
possibility  to  finance  also  active  mobile  equipment  and  new  provisions  for  backhaul 
networks. 

3.4.3. Revised general de minimis Regulation adopted 

On  13  December  2023  the  Commission  adopted  the  new  general  de  minimis  Regulation108, 
while the previous de minimis Regulation expired on 31 December 2023109. The Regulation 
allows small  aid  amounts  to  fall outside the scope of EU State aid  control  because they are 
deemed  to  have  no  effect  on  trade  between  Member  States  and  not  to  distort  or  threaten  to 
distort  competition.  It  reduces  significantly  the  administrative  burden  for  companies  (in 
particular SMEs) and Member States. The main changes are an increased ceiling of EUR 300 
000  over  three  years  to  adjust  to  inflation  and  the  introduction  of  a  mandatory  de  minimis 
register at national or EU level to increase transparency, thereby relieving companies from the 
obligation  to  keep  record  of  the  de  minimis  aid  they  received.  While  under  the  previous 
regulation  businesses  were  required  to  keep  track  of  de  minimis  aid  received,  the  new  de 

107 Commission Regulation (EU) 2023/1315 of 23 June 2023 amending Regulation (EU) No 651/2014 declaring 
certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty 
and  Regulation  (EU)  2022/2473  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  (Text  with  EEA  relevance),  OJ  L  167,  30.6.2023,  p.  1,  see: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_23_1523  
108 Commission Regulation (EU) 2023/2831 of 13 December 2023 on the application of Articles 107 and 108 of 
the Treaty on the Functioning of the European Union to de minimis aid, OJ L 2023, 15.12.2023. 
109 Commission Regulation (EU) No 1407/2013 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. 

28 

 
 
minimis  Regulation  includes  the  obligation  for  all  Member  States  to  provide  as  from  2026 
complete information on de minimis aid granted in a central register at national or EU level 
and to check that any new grant of aid does not exceed the relevant ceiling. 

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

Research,  development,  and  innovation  (RDI)  are  key  drivers  of  economic  growth  and  are 
necessary  to  achieve  a  variety  of  policy  objectives,  including  those  of  the  European  Green 
Deal and of the Digital Strategy. State support for such risky investments can be necessary to 
address market failures that may result in a level of RDI activities which is too low from the 
point of view of society. 

In 2023, the Commission approved a EUR 179.5 million Croatian aid measure to support the 
development  of  an urban mobility  service based on a fully autonomous  electric vehicle  (so-
called: robo-taxi)110. It also approved two French measures, a EUR 1.5 billion measure and a 
EUR  659  million  measure  supporting  research  and  development  in  solid-state  batteries 
(SSB)111  and  lithium-ion  batteries  for  electric  vehicles112,  respectively.  Finally,  the 
Commission approved a EUR 52.3 million Italian measure to support Leonardo S.p.A in the 
development of smart aerostructure factory model113. 

3.4.5. Important Project of Common European Interest (IPCEI) 

the  Commission  approved 

IPCEI  supporting  strategic  value 
During  2023 
chains/ecosystems of the EU economy and covering Microelectronics and Cloud information 
systems. 

two 

IPCEI ME/CT 
An IPCEI to support research, innovation and the first industrial deployment of advanced microelectronics and 
communication  technologies  across  the  value  chain  was  approved  in  June  2023114.  The  project,  called  IPCEI 
ME/CT,  was  jointly  prepared and  notified by  14  Member  States:  Austria,  Czechia,  Finland,  France,  Germany, 
Greece,  Ireland,  Italy,  Malta, the  Netherlands,  Poland,  Romania,  Slovakia  and  Spain115.  These  Member  States 
will provide up to EUR 8.1 billion in public funding, which is expected to unlock additional EUR 13.7 billion in 
private investments. As part of this IPCEI, 56 companies, including small and medium-sized enterprises (SMEs) 
and start-ups, will undertake 68 innovative projects. Aid to another 34 associated projects to this IPCEI will be 
provided by Member States under the GBER. 

IPCEI CIS 

110 Case SA.101759, Croatia - Development and implementation of a completely new urban mobility system 
based on new autonomous electric vehicle technology. 
111 Case SA.106740, France - Aid to ProLogium for the project ‘Prometheus’. 
112 Case SA.106361, France - Approval of a €659 million French measure to support Verkor in researching and 
developing new production processes of lithium-ion batteries for electric vehicles.  
113  Case  SA.104370,  Italy  -  Aid  to  Leonardo  S.p.A.  for  the  implementation  of  the  research  and  development 
project ‘NEMESI. 
114 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3087  
115  Cases  SA.101202  (Austria),  SA.101141  (Czechia),  SA.101143  (Finland),  SA.101193  (France),  SA.101129 
(Germany), SA.101210 (Greece), SA.101151 (Ireland), SA.101186 (Italy), SA.101201 (Malta), SA.101171 (the 
Netherlands), SA.101175 (Poland), SA.101192 (Romania), SA.101200 (Slovakia) and SA.101150 (Spain). 

29 

 
 
 
In December 2023116, the Commission approved an IPCEI to support research, development and first industrial 
deployment  of  advanced  cloud  and  edge  computing  technologies  across  multiple  providers  in  Europe  (IPCEI 
CIS). Seven Member States117 will provide up to EUR 1.2 billion in public funding, which is expected to unlock 
additional  EUR  1.4  billion  in  private  investments.  As  part  of  this  IPCEI,  19  companies,  including  small  and 
medium-sized enterprises (SMEs), will undertake 19 highly innovative projects. IPCEI CIS is the first IPCEI in 
the  cloud  and  edge  computing  domain.  It  concerns  the  development  of  the  first  interoperable  and  openly 
accessible European data processing ecosystem, the multi-provider cloud to edge continuum. 

Following the approval of State aid for the first six integrated IPCEIs, Member States and the 
Commission had gained experience and knowledge on the assessment of State aid for IPCEI 
projects. On that basis DG Competition published on 17 May 2023 a Code of good practices 
for a transparent, inclusive, faster design and assessment of IPCEIs118. It constitutes a manual 
of good practices addressed to national authorities, the Coordinator Member State selected by 
the national authorities, undertakings benefitting from aid based on the IPCEI rules (‘IPCEI 
direct  participants’),  and  the  Commission  services,  for  the  purpose  of  facilitating  the 
development and assessment of IPCEI.  

In addition, in Autumn 2023, the Commission set up the Joint European Forum for IPCEIs 
(JEF-IPCEI),  which  met  for  the  first  time  on  20  October  2023.  The  forum,  which  is  a 
partnership  between  the  Commission  and  the  Member  States,  covers  the  entire  IPCEI 
lifecycle and aims to increase the effectiveness of the design,  assessment (based on existing 
State aid rules) and implementation of IPCEI and to identify areas of strategic EU interest for 
potential  future  IPCEI.  The  JEF-IPCEI  works  towards  these  objectives  by  better  aligning 
potential new IPCEIs with the policy objectives of the EU industrial strategy and improving 
the process, speed and design of IPCEIs119. The forum will meet several times per year.  

3.4.6. Aid to support the EU semiconductor ecosystem 

In  line  with  the  principles  outlined  in  the  Chips  Act  Communication120,  the  Commission 
approved in April 2023 a EUR 2.9 billion French aid measure to support STMicroelectronics 
and  GlobalFoundries  in  the  construction  of  a  new  microchips  manufacturing  facility  in 
France121.  The  measure  will  strengthen  Europe's  security  of  supply,  resilience,  and  digital 
sovereignty  in  semiconductor  technologies.  Several  Member  States  are  in  contact  with  DG 
Competition on additional projects to further strengthen the EU semiconductor ecosystem. 

3.4.7. Regional aid 

116 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_6246  
117  Cases  SA.102498  (France),  SA.102517  (Germany),  SA.102520  (Hungary),  SA.102519  (Italy),  SA.102516 
(the Netherlands), SA.102527 (Poland) and SA.102514 (Spain). 
118 Practical information for Important Projects of Common European Interest (IPCEI), see: https://competition-
policy.ec.europa.eu/state-aid/legislation/modernisation/ipcei/practical-information_en#the-code-of-good-
practices 
119 See: https://competition-policy.ec.europa.eu/state-aid/ipcei/joint-european-forum-ipcei_en 
120 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of the Regions, A Chips Act for Europe, COM(2022) 45 final. 
121 Case SA.102430, France – Project Liberty – New semiconductor manufacturing plant by STMicroelectronics 
and GlobalFoundries. 

30 

 
 
 
The revised Guidelines on regional State aid122 were adopted in April 2021 and entered into 
force  on  1  January  2022.  A  regional  aid  map  for  each  Member  State  was  adopted  in  the 
course of 2021 and 2022. 

In  2023,  the  Commission  approved  several  amendments  to  those  regional  aid  maps,  for 
instance to take account of the identification of certain areas as territories eligible for support 
from the Just Transition  Fund123. Furthermore, on 30 May 2023, the Commission adopted a 
Communication  regarding  a  possible  mid-term  review  of  the  regional  aid  maps,  taking  into 
account updated statistics124. In this context, eight Member States notified an amendment to 
their map, for which the Commission adopted amendment decisions. 

In  parallel,  the  Commission  adopted  in  2023  several  decisions  concerning  regional  aid.  For 
instance, the Commission authorised regional investment aid to Samsung for the extension of 
its  battergy  cell  production  facility  for  electric  vehicles  in  Hungary125;  to  3Sun  for  the 
extension of its solar panel plant in Italy126; and to Cobre Las Cruces for the upgrading of its 
refinery  in  Spain127.  The  Commission  also  approved  a  Romanian  scheme  to  promote 
investments in the field of electric batteries in assisted areas128, a Bulgarian scheme to support 
investments in high unemployment areas129 and a French scheme to support companies in five 
outermost regions130.  

3.4.8. Aid to risk finance 

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

The  revised  Risk  Finance  Guidelines131  entered  into  force  on  1  January  2022.  Since  these 
Guidelines are the legal basis for the authorisation of risk finance aid schemes that go beyond 
the  GBER,  the  Commission  amended  on  23  June  2023  the  access  to  finance  section  of  the 
GBER  (section  3,  Articles  21  to  24)  to  ensure  consistency  between  the  two  set  of  rules. 

122 Communication from the Commission, Guidelines on regional State aid, OJ C 153, 29.4.2021, p. 1.  
123 Regulation (EU) 2021/1056 of the European Parliament and the Council, establishing the Just Transition 
Fund, OJ L 231, 30.6.2021, p. 1. 
124 Communication from the Commission amending paragraph 188, Annexes I and IV to the Guidelines on 
regional State aid regarding the mid-term review of the regional aid maps for the period 1 January 2022 to 31 
December 2027, OJ C 194, 2.6.2023, p. 13. 
125 Case SA.48556, Hungary – LIP – Regional investment aid to Samsung SDI. 
126 Case SA.104269, Italy – RRF - LIP - Regional investment aid (RRF) to 3SUN.  
127 Case SA.100238, Spain – LIP – Regional investment aid to Cobre Las Cruces. 
128 Case SA.102924, Romania – RRF - Scheme for investments in the industrial chain of production, assembly 
and/or recycling of batteries and photovoltaic cells and panels. 
129 Case SA.104266, Bulgaria - Corporate tax exemption under Article 184 in conjunction with Article 189 of the 
Corporate Income Tax Act – Regional aid scheme 2022-2027. 
130 Case SA.100513, France - Réductions d'octroi de mer et non assujettissement à l’octroi de mer dans certaines 
régions ultrapériphériques françaises (2022-2027). 
131 Communication from the Commission, Guidelines on State aid to promote risk finance investments, OJ C 
508, 16.12.2021, p. 1. 

31 

 
 
Following this amendment, risk finance aid for SMEs and start-ups, up to EUR 16.5 million 
(previously  EUR  15  million)  per  beneficiary,  can  be  block-exempted  under  the  GBER; 
whereas aid to innovative or small mid-caps, or aid that goes beyond the GBER conditions, 
can be approved by the Commission under the Risk Finance Guidelines132. 

3.4.9. Infrastructure support measures 

In 2023, the Commission approved aid for the construction of a multifunctional hall in Brno, 
Slovakia133.  It  also  approved  the  7th  amendment  to  the  Concession  Agreement  for  the 
financing, construction, operation and maintenance of the  Istrian Y Motorway in  Croatia134. 
Further, the Commission approved a Czech scheme135 and an Italian scheme136 to support the 
development of railway sidings. 

3.5. Significant judgments by EU Courts in State aid 

In  2023,  the  EU  Courts  adopted  a  number  of  important  judgments  in  the  field  of  State  aid, 
concerning  in  particular  the  notions  of  imputability  and  the  granting  of  aid,  advantage  and 
selectivity,  as  well  as  the  compatibility  assessment  of  damage  compensation  under  Article 
107(2)(b) TFEU as well as under the Temporary Framework for State aid measures to support 
the economy during the COVID-19 pandemic. 

3.5.1. Imputability and the granting of aid 

On  12  January  2023,  the  Grand  Chamber  of  the  Court  of  Justice  clarified  in  its  judment  in 
DOBELES  HES137  that,  whilst  a  national  court  may  order  that  an  undertaking  must,  in 
accordance  with  national  law,  receive  an  amount  which  constitutes  State  aid,  that  does  not 
mean  that  that  court  grants  separate  State  aid.  Rather,  any  legal  proceedings  before  such  a 
court would concern the entitlement to aid and constitute requests for payment of aid rather 
than requests for  granting separate State aid by the court. However, national  courts must in 
principle reject a request for payment of aid that is unlawful; the national court may make the 
payment order subject to the condition that the competent national authority first receives an 
approval by the Commission to prevent the granting of unlawful aid. 

132 Other amendments include the restructuring of Article 21 GBER and the introduction of a new Article 21a for 
tax  incentives,  a  modification  of  one  of  the  eligibility  criteria  (giving  Member  States  more  flexibility), 
clarification of certain key concepts, modulating the minimum thresholds for private participation in risk finance 
investments for particular areas and projects, and increasing both the maximum amounts and eligible forms of 
start-up aid under Article 22. 
133 Case SA.58891, Slovakia - Aid for the construction of a multifunctional hall in Brno. 
134 Case SA.103361, Croatia - 7th amendment to the Concession Agreement for the financing, construction, 
operation and maintenance of the Istrian Y Motorway. 
135 Case SA.101579, Czechia – Development of rail sidings. 
136 Case SA.102422, Italy – Support for sustainable development of railway sidings. 
137 Judgment of the Court of Justice (Grand Chamber) of 12.1.2023 in Joined Cases C-702/20 and C-17/21, 
DOBELES HES, EU:C:2023:1. 

32 

 
 
In its judgment of 13 September 2023 in ITD and Danske Fragtmænd138, the General Court 
criticised  the  Commission’s  assessment  of  imputability.  In  particular,  the  General  Court 
considered  that  the  Commission  should  have  further  investigated  the  organic  links  between 
the parent company PostNord with Denmark and Sweden, as the two Member States together 
appointed a majority of board members, including one civil servant each. The General Court 
also highlighted the existence of a ‘dialogue on financing’ between the States and PostNord, 
and the fact that the PostNord group provided via its subsidiaries nationwide postal services in 
Denmark  and  Sweden,  which  therefore  would  likely  pay  special  attention  to  the  capital 
injection  in  question  to  ensure  that  it  did  not  affect  the  provision  of  these  services.  Among 
other  things,  the  General  Court  considered  those  to  be  significant  indicators  of  imputability 
that  had  not  been  duly  taken  into  consideration  by  the  Commission.  For  that  reason,  the 
General Court partially annulled the Commission decision on that basis139. 

3.5.2. Advantage and selectivity 

In its judgment of 8 February 2023 in Carpatair140, the General Court ruled that for applying 
the  Market  Economy  Operator  Principle  (MEOP),  the  Commission  can  only  rely  on 
information which was available, and the developments which were foreseeable, at the time 
when  the  decision  to  conduct  the  operation  in  question  was  taken.  The  General  Court 
criticised  that  the  Commission  had  based  its  assessment  entirely  on  a  report  established  ex-
post,  even  if  that  report  was  based  on  the  information  which  was  available  and  the 
developments which were foreseeable at the time when the agreements in question had been 
adopted. According to the General Court, such an ex-post report did not represent an ex-ante 
analysis capable of demonstrating compliance with the MEOP. The General Court considered 
that  such  a  report  drawn  up  ex-post  could  not  replace,  but  only  supplement,  evidence 
generated before the conclusion of those agreements. In a later judgment of 12 October 2023 
in Larko141, the Court of Justice accepted that in order to determine whether a Member State 
should  have  been  aware  of  the  financial  difficulties  of  a  beneficiary,  statements  made  at  a 
later  time  but  that  are  reporting  events  that  predate  or  are  contemporary  to  the  decision-
making process can be used as evidence by the Commission. 

In  its  judgment  of  15  November  2023  in  European  Gaming  and  Betting  Association142,  the 
General Court took the view that the Commission had failed to examine the potential indirect 
advantage  conferred  on  the  entities  to  whom  licence  holders  were  obliged  to  remit  part  of 
their  proceeds  generated  by  gambling  activities.  The  General  Court  concluded  that  in  the 

138 Judgment of the General Court of 13.9.2023 in Case T-525/20, ITD and Danske Fragtmænd v Commission, 
EU:T:2023:542. 
139  The  General  Court  dismissed  the  remainder  of  the  action  by  rejecting  the  applicants’  claims  on  cross-
subsidisation. 
140 Judgment of the General Court of 8.2.2023 in Case T-522/20, Carpatair v Commission, EU:T:2023:51. This 
judgment is currently under appeal in Joined Cases C-244/23 P, C-245/23 P and C-246/23 P. 
141 Judgment of the Court of Justice of 12.10.2023, Case C-445/22 P Larko v Commission, EU:C:2023:773. 
142 Judgment of the General Court of 15.11.2023 in Case T-167/21, European Gaming and Betting Association v 
Commission, EU:T:2023:723. 

33 

 
 
absence of such an examination, the Commission had not put itself in a position to rule out the 
existence of serious difficulties in that regard. 

In  its  judgment  of  14  December  2023  in  EDP  España  v  Naturgy  Energy  Group  and 
Commission143,  the  Court  of  Justice  set  aside  the  General  Court’s  judgment144  and  annulled 
the  Opening  Decision  of  the  Commission  for  a  breach  of  the  obligation  to  state  reasons  as 
regards  the  selective  nature  of  the  measure.  The  Court  of  Justice  recalled  that  the  Opening 
Decision  should  summarise  the  relevant  issues  of  fact  and  law  and,  therefore,  it  should 
include a preliminary assessment of the Commission on the notion of State aid. It noted that 
although the finding on the existence of aid in the Opening Decision is only provisional, the 
Commission nevertheless has to disclose in a clear and unequivocal fashion  its reasons why 
the measure in question was liable to constitute State aid. As regards selectivity, this requires 
the  Commission  to  state,  even  in  a  succinct  manner,  already  in  the  opening  decision  the 
reasons why it considers that, within the context of a particular legal regime, that measure has 
the  effect  of  conferring  an  advantage  on  certain  undertakings  over  others  which  are,  in  the 
light of the objective pursued by that regime, in a comparable factual and legal situation. 

In 2023, the EU Courts also rendered several significant judgments in the area of taxation145. 

3.5.3. Damage compensation under Article 107(2)(b) TFEU 

In its judgments  of 28  September 2023 in  Ryanair  (SAS I)146, the Court of  Justice provided 
important  clarifications  as  regards  the  assessment  of  damage  compensation.  The  Court  of 
Justice first confirmed that under Article 107(2)(b) TFEU, Member States are not obliged to 
grant State aid to all undertakings affected by an exceptional occurrence. However, the choice 
of  the  beneficiary  of  the  aid  must  be  consistent  with  the  objective  of  compensating  for  the 
disadvantages  caused directly by  an exceptional  occurrence, referred to  in  Article 107(2)(b) 
TFEU and must thus genuinely reflect the concern to attain that objective as opposed to other 
considerations unrelated  to  it. The Court of Justice also  endorsed the  calculation  of damage 
due to the COVID-19 pandemic, which was based on forward-looking estimations provided 
by  Denmark  and  Sweden;  this  was  considered  acceptable  as  long  as  there  were  sufficient 
safeguards to ensure an ex-post assessment of the damage actually suffered by the beneficiary, 
and  a  claw-back  mechanism  to  ensure  the  recovery  of  any  overcompensation.  Finally,  the 
Court of Justice clarified that the general principle of non-discrimination in Article 18 TFEU 
cannot  be  applied  as  Article  107(2)  and  (3)  TFEU  allows  differences  in  treatment  between 
undertakings, subject to fulfilment of the requirements laid down by those provisions, which 
must thus be regarded as ‘special provisions’ within the meaning of Article 18 TFEU.  

In  2023,  the  General  Court  rendered  several  further  judgments  concerning  damage 
compensation granted to airlines. 

143 Judgment of the Court of Justice of 14.12.2023 in Joined Cases C‑693/21 P and C‑698/21 P, EDP España v 
Naturgy Energy Group and Commission, EU:C:2023:989. 
144 Judgment of the General Court of 8.09.2021 in Case T-328/18, Naturgy Energy Group / Commission, 
EU:T:2021:548. 
145 See below, Part II, section 4.2. 
146 Judgments of the Court of Justice of 28.9.2023 in Cases C-320/21 P, Ryanair v Commission, EU:C:2023:712, 
and C-321/21 P Ryanair v Commission, EU:C:2023:713. 

34 

 
 
In its judgments of 18 October 2023 in Ryanair (Alitalia I)147, Wizz Air Hungary (TAROM)148 
and  Ryanair  (Alitalia  II)149,  the  General  Court  confirmed  that  Member  States  can  grant 
damage compensation under Article 107(2)(b) TFEU to undertakings in difficulty. As regards 
the choice of counterfactual for the damage calculation, the General Court considered that as a 
general rule, it is appropriate to take into account the most recent historical data, unless such 
data is an unreliable comparison for the case at hand. 

In  its  judgment  of  29  March  2023  in  Wizz  Air  Hungary  (Blue  Air)150,  the  General  Court 
accepted the calculation of damage due to travel restrictions based on the projected revenues 
and  costs  for  the  relevant  period,  also  taking  into  account  the  beneficiary’s  pre-existing 
difficulties. 

Finally,  in  its  judgment  of  24  May  2023 in  Ryanair  on  an  Italian  compensation  scheme  for 
airlines151, the General Court annulled the decision approving the aid as the Commission had 
failed  to  explain  why  it  examined  the  compatibility  of  the  minimum  remuneration 
requirement with EU law solely in the light of Article 8 of the Rome I Regulation, and not in 
the light, in particular, of the principle of freedom to provide services, enshrined in Article 56 
TFEU. 

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

current COVID-19 outbreak 

The General Court also had to decide a number of cases related to recapitalisation measures 
provided to airlines under section 3.11 of the Temporary Framework152. 

In  its  judgment  of  10  May  2023  in  Joined  Cases  Ryanair  and  Condor  Flugdienst 
(Lufthansa)153, the General Court annulled the Commission decision to raise no objections to 
a EUR 6 billion recapitalisation of Lufthansa by Germany. As regards the eligibility condition 
under point 49(c) of the Temporary Framework that the beneficiary must be unable to obtain 
financing  on the markets  at  affordable terms, the  General  Court found that the Commission 
had failed to investigate whether the beneficiary could have raised a non-negligible part of the 
necessary financing  on the markets,  in  particular given the  available collateral.  The General 
Court  further  held  that  the  discount  to  the  share  price  provided  to  Germany  could  not  be 
considered  an  alternative  step-up  mechanism  within  the  meaning  of  point  61  of  the 
Temporary  Framework.  Finally,  the  General  Court  criticised  the  assessment  of  the  required 

147 Judgment of the General Court of 18.10.2023 in Case T-225/21, Ryanair v Commission (Alitalia I; COVID-
19), EU:T:2023:644. 
148 Judgment of the General Court of 18.10.2023 in Case T-332/21, Wizz Air Hungary v Commission (TAROM; 
Covid-19), EU:T:2023:645. 
149 Judgment of the General Court of 18.10.2023 in Case T-333/21, Ryanair v Commission (Alitalia II; COVID-
19), EU:T:2023:646. 
150 Judgment of the General Court of 29.3.2023 in Case T-142/21, Wizz Air Hungary v Commission, 
EU:T:2023:164. 
151 Judgment of the General Court of 24.5.2023 in Case T-268/21, Ryanair v Commission, EU:T:2023:279. 
152 See also judgments of the EU Courts in the aviation sector, below, Part II, section 8.2.4. 
153 Judgment of the General Court of 10.5.2023 in Joined Cases T-34/21 and T-87/21, Ryanair and Condor 
Flugdienst v Commission (Lufthansa; COVID-19), EU:T:2023:248. 

35 

 
 
competition  measures  made  by  the  Commission  pursuant  to  point  72  of  the  Temporary 
Framework. In particular, the General Court considered that to assess the significant market 
power (SMP) condition, the Commission should not have limited its assessment to indicators 
related  to  airport  capacity  but  should  also  have  taken  into  account  the  respective  passenger 
traffic market shares. Finally, the General Court held that the Commission had not sufficiently 
justified  the  scope  and  modalities  of  the  slot  divestitures  required  to  address  the  identified 
competition concerns. 

In its subsequent  judgment  of 18  October 2023  in  Ryanair (airBaltic)154, the General  Court 
accepted  the  Commission’s  SMP  assessment,  noting  that  the  contested  decision  also 
considered airBaltic’s (very high) passenger traffic market shares.  

Moreover, the General Court clarified in its judgments rendered on the same date in Ryanair 
(Nordica)155  and  Ryanair  (Brussels  Airlines)156  that  the  requirement  in  point  49(b)  of  the 
Temporary  Framework  that  an  intervention  in  favour  of  the  beneficiary  has  to  be  in  the 
common  interest  neither  requires  the  Member  State  to  demonstrate  that  the  activities  of  the 
beneficiary could not be entirely or partly replaced by other competitors, nor that the exit of 
the beneficiary would lead to the collapse of an entire sector. 

Finally, on 20 December 2023 the General Court annulled in its judgment in Ryanair and Air 
Malta  (KLM  and  Air  France)157  the  decision  of  the  Commission  of  April  2021  raising  no 
objections to a recapitalisation of Air France. The General Court criticised the finding of the 
Commission regarding the scope of the beneficiary, i.e. that KLM and its subsidiaries could 
be  excluded  from  the  circle  of  beneficiaries  despite  the  evidence  of  capital  and  organic, 
functional and economic links between Air France and KLM, pointing to the conclusion that 
there was a single economic entity. 

3.6. Monitoring, recovery and cooperation with national courts 

3.6.1.  Increased  monitoring  of  existing  State  aid  to  ensure  competition  on  fair  and 
equal terms 

Despite the high number of Commission decisions approving aid schemes put in place due to 
the  Russian  war  of  aggression  against  Ukraine,  84%  of  the  new  State  aid  measures 
implemented in 2022 are covered by a block-exemption regulation158. Among all the State aid 
measures  active  in  the  same  year,  approximately  82%  are  GBER,  ABER  and  FIBER 

154 Judgment of the General Court of 18.10.2023 in Case T-737/20, Ryanair v Commission (airBaltic; COVID-
19), EU: T:2023:641. 
155 Judgment of the General Court of 18.10.2023 in Case T-769/20, Ryanair v Commission (Nordica; COVID-
19), EU: T:2023:642. 
156 Judgment of the General Court of 18.10.2023 in Case T-14/21, Ryanair v Commission (Brussels Airlines; 
COVID-19), EU: T:2023:643. 
157 Judgment of the General Court of 20.12.2023 in Case T‑494/21, Ryanair and Air Malta v Commission (KLM 
and Air France; COVID-19), EU: T:2023:831. 
158 See the State Aid Scoreboard 2023, to be available at: https://competition-policy.ec.europa.eu/state-
aid/scoreboard_en 

36 

 
 
measures159. These figures show that it is essential for the Commission to verify that Member 
States  apply  State  aid  schemes  correctly  and  that  they  only  grant  aid  when  all  required 
conditions are met.  

Monitoring  by the  Commission  is  the  counterweight  to  ‘self-assessment’  by  Member  States 
resulting from the exemption from the notification obligation (for example in the GBER) and 
also a necessary complement of the approval of State aid schemes by the Commission. It is is 
a regular ex-post control based on a sample of existing aid schemes, both block exempted and 
approved.  In  2022/2023,  the  Commission  performed  the  monitoring  of  block  exempted  and 
approved aid granted by Member States in 2019 and 2020. The sample of schemes included 
aid granted to support the economy in the context of the COVID-19 outbreak. The results of 
this monitoring exercise show that the number of schemes with minor irregularities, resulting 
in simple recommendations to Member States, remains at high levels and that there are very 
few cases of severe irregularities resulting into the opening of formal proceedings.  

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

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

In  2023  the  Commission  adopted  two  new  recovery  decisions.  The  amount  of  aid  to  be 
recovered in one of the two cases is EUR 400 million160. The amount of aid in the second case 
has not yet been quantified161. 45 recovery cases (resulting from previously adopted negative 
decisions with recovery) were pending at the end of 2023. 

By  31  December  2023,  the  sum  of  unlawful  and  incompatible  aid  recovered  from 
beneficiaries  amounted  to  EUR  29.7  billion162.  At  the  same  point  in  time,  the  outstanding 
amount pending recovery was EUR 7 billion163. 

Figure 7: Recovery Decisions 2023  

Recovery decisions adopted in 2023  

2 

Pending recovery cases on 31 December 2023 

45  

In  2023,  the  Commission  imposed  penalties  on  Greece  and  Italy  based  on  Court  judgments 

159 See the State Aid Scoreboard 2023, to be available available at: https://competition-policy.ec.europa.eu/state-
aid/scoreboard_en  
160 Case SA.55678, Italy - New loan to Alitalia. 
161 Case SA.20829, Italy - Scheme concerning the municipal real estate tax exemption granted to real estate used 
by non-commercial entities for specific purposes. See below Part II, Section 4.2. 
162 The reference period is 1 January 1999 to 31 December 2023. This amount includes also the amount of aid 
registered in pending insolvency proceedings. In addition, the amount of EUR 4.5 billion could not be recovered 
from concluded insolvency proceedings because of the lack of mass from the liquidation of assets which did not 
allow satisfying the State aid claims. 
163 See: https://ec.europa.eu/competition-policy/state-aid/procedures/recovery-unlawful-aid_en  

37 

 
 
condemning these two Member States for having infringed EU law on State aid164. For two 
cases,  the  penalties  imposed  were  the  last  ones  since  the  Commission  concluded  that  the 
respective infringmeents have ended165. 

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

The  Commission  can  cooperate  with  national  courts  under  Article  29  of  the  Procedural 
Regulation166  and  according  to  its  Notice  on  the  enforcement  of  State  aid  rules  by  national 
courts167. This includes direct case-related assistance to national courts when they apply EU 
State aid law. National  courts and tribunals can ask the Commission to provide case related 
information, or to provide an opinion on the application of State aid rules. The Commission 
may also submit amicus curiae observations on its own initiative. 

In 2023, the Commission received one  request for legal opinion from the Supreme Court in 
Latvia. That request sought guidance on how to  determine the date of granting of aid under 
the COVID Temporary Framework.  

In 2023, the Commission continued to intervene in national proceedings as amicus curiae168. 
To make its views publicly known, the Commission publishes its opinions and amicus curiae 
observations, as well as observations to other bodies, for example, arbitration tribunals, on its 
website169. 

4. 

DEVELOPING THE INTERNATIONAL DIMENSION OF EU COMPETITION POLICY 

As  world  markets  continue  to  integrate  and  more  companies  rely  on  global  value  chains, 
competition agencies need to increase their collaboration and agree on common standards and 
procedures  more  than  ever  before.  Effectively  enforcing  competition  rules  depends  to  a 
growing extent on co-operation with other enforcement authorities and having effective tools 
to ensure a fair business environment in the EU. 

164 Case SA.15525, Greece - Hellenic Shipyards; Case SA.34572, Greece - State aid to Larko General Mining & 
Metallurgical Company S.A.; Case SA.9398, Italy - Employment measures; Case SA.14895, Italy - Hotel 
industry in Sardinia; Case SA.9440, Italy - Social security charges reduction and exoneration in Venezia and 
Chioggia. 
165 Case SA.14895, Italy, Hotel industry in Sardinia; Case SA.9440, Italy - Social security charges reduction and 
exoneration in Venezia and Chioggia. 
166 Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 
108 TFEU, OJ L 248, 24.9.2015, p. 9. 
167 Communication from the Commission, Commission Notice on the enforcement of State aid rules by national 
courts, OJ C 305, 30.7.2021, p. 1. 
168 The Commission submitted written observations under Article 29(2) of the Procedural Regulation before the 
Oberlandsgericht Hamm (Germany), concerning an injunction to prevent RWE from protecting enforcement of 
an ICSID award based on the Energy Charter Treaty, which would result in circumventing Article 108(3) TFEU. 
Even outside the scope of Article 29(2) of the Procedural Regulation, the Commission continues to intervene as 
amicus curiae in State aid-related matters before courts outside the EU and arbitration tribunals inside and 
outside the EU.  
169 See: https://ec.europa.eu/competition-policy/state-aid/national-courts_en 

38 

 
 
4.1. The Regulation on Foreign Subsidies distorting competition in the Single Market 

The Foreign Subsidies Regulation (FSR)170 entered into force in January 2023 and started to 
apply in July 2023. The new Regulation aims at closing a regulatory gap in the Single Market 
whereby subsidies granted by non-EU governments went largely unchecked, while subsidies 
granted by Member States are subject to close scrutiny under EU State aid rules.  

According  to  the  new  rules,  companies  have  to  notify  financial  contributions  received  from 
non-EU  public  authorities  in  the  last  three  years,  before  implementing  a  concentration 
(merger,  acquisition  or  joint  venture)  or  the  award  of  a  contract  in  a  public  procurement 
procedure  in  the  EU  above  given  notification  thresholds.  The  FSR  also  allows  the 
Commission to conduct ex-officio reviews if information indicates the existence of a foreign 
subsidy distorting the internal market. 

4.1.1. Implementing Regulation adopted 

The  Implementing  Regulation  to  the  FSR,  which  sets  out  the  applicable  procedures,  and 
includes  notification  forms  for  concentrations  and  public  procurement  procedures,  was 
adopted on 10 July 2023171. 

Prior  to  its  adoption,  the  Commission  widely  consulted  on  the  draft  including  the  Member 
States in the Foreign Subsidies Advisory Committee. The feedback received focussed on the 
reporting obligations laid down in the notification forms. The reporting obligations as set out 
in the final version of the notification forms strike a careful balance between the need to get 
the  most  relevant  information  for  assessing  cases  and  the  need  to  make  sure  the  regulatory 
burden does not become too onerous for notifying parties. 

In July 2023, the Commission also adopted a Communication detailing the arrangements for 
the  conduct  of  proceedings  pursuant  to  the  FSR,  in  particular  the  transmission  of 
documents172. 

4.1.2. Enforcement 

Since  the  start  of  application  on  12  July  2023,  the  Commission  has  received  a  number  of 
submissions  pursuant  to  the  FSR.  These  submissions  can  serve  as  a  basis  on  which  the 
Commission  may  decide  to  ex-officio  start  a  preliminary  review  or  request  a  notification 

170 Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign 
subsidies distorting the internal market, OJ L 330, 23.12.2022, p. 1. DG Competition is responsible for enforcing 
the FSR rules on concentrations and to start ex-officio procedures outside public procurement procedures, while 
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) is responsible for enforcing the FSR in 
public procurement. 
171  Implementing  Regulation  (EU)  2023/1441  of  10 July  2023  on  detailed  arrangements  for  the  conduct  of 
proceedings by the Commission pursuant to Regulation (EU) 2022/2560 of the European Parliament and of the 
Council on foreign subsidies distorting the internal market OJ L 177, 12.7.2023, p. 1. 
172  Communication from  the  Commission  Communication pursuant  to  Articles  4(2),  8(1), 15,  17(2)  and  25  of 
Implementing  Regulation  (EU)  2023/1441  on  detailed  arrangements  for  the  conduct  of  proceedings  by  the 
Commission pursuant to Regulation (EU) 2022/2560 of the European Parliament and of the Council on foreign 
subsidies distorting the internal market 2023/C 246/02, OJ C 246, 13.7.2023, p. 2. 

39 

 
 
 
 
under the FSR.  

Since the start of the notification obligation on 12 October 2023, DG Competition has entered 
into  pre-notification  contacts 
in  41  cases  and  has  received  11  notifications  of 
concentrations173. 

4.2. Multilateral relations 

In 2023, the Commission  continued  to  engaged  actively  in  international  competition  related 
fora  such  as  the  OECD  Competition  Committee,  the  International  Competition  Network 
(ICN), and United Nations Conference on Trade and Development (UNCTAD). 

the  assessment  and  communication  of 

leniency  programmes175,  algorithmic  competition176,  competition 

At the OECD Competition Committee meeting in June 2023, the Commission contributed to 
exchanges regarding experimental evidence on the effects of abusive conducts in digital cases, 
and  regarding 
the  benefits  of  competition 
interventions174.  The  Commission  further  contributed  to  discussions  on  the  effectiveness  of 
the 
the  circular 
economy177 and theories of harm for digital mergers178. In December 2023, the Commission 
contributed to the Competition Committee’s deliberations on optimal design, organisation and 
powers  of  competition  authorities179,  role  of  innovation  in  enforcement  cases180,  out-of-
market efficiencies in antitrust enforcement181, alternatives to leniency programmes182, serial 
acquisitions and industry roll-ups183, and ex-post assessment of merger remedies184.   

in 

In  the  ICN,  the  Commission  steered  the  final  work  on  the  paper  ‘Topics  on  Assessment  of 
Dominance  in  Digital  Markets’  in  the  Unilateral  Conduct  Working  Group  (UCWG),  which 
was  one  of  the  major  projects  launched  while  the  Commission  was  co-chairing  the  UCWG 
(until  May  2022).  The  paper  was  officially  adopted  by  the  ICN  Steering  Group  in  October 
2023185. In addition, the Commission continued acting as the co-chair of the Merger Working 
Group  (MWG)  (a  role  it  took  up  since  May  2022),  co-organised  a  series  of  webinars  and 
delivered a report on digital mergers186. The Commission also completed a webinar series and 

See: 

https://www.oecd.org/competition/assessing-and-communicating-the-benefits-of-competition-

173 For enforcing the FSR in foreign financial contributions to public procurement procedures, see: https://single-
market-economy.ec.europa.eu/single-market/public-procurement/foreign-subsidies-regulation_en 
174 
interventions.htm  
175 See: https://www.oecd.org/competition/the-future-of-effective-leniency-programmes-advancing-detection-
and-deterrence-of-cartels.htm 
176 See: https://www.oecd.org/competition/algorithmic-competition.htm 
177 See: https://www.oecd.org/competition/competition-in-the-circular-economy.htm 
178 See: https://www.oecd.org/competition/theories-of-harm-for-digital-mergers.htm 
179 See: https://www.oecd.org/competition/optimal-design-organisation-and-powers-of-competition-
authorities.htm 
180 See: https://www.oecd.org/competition/the-relationship-between-competition-and-innovation.htm 
181 See: https://www.oecd.org/daf/competition/out-of-market-efficiencies-in-competition-enforcement.htm 
182 See: https://www.oecd.org/competition/alternatives-to-leniency-programmes.htm 
183 See: https://www.oecd.org/competition/serial-acquisitions-and-industry-roll-ups.htm 
184 See: https://www.oecd.org/competition/ex-post-assessment-of-merger-remedies.htm 
185 Paper to be published on the ICN website. 
186 Paper to be published on the ICN website. 

40 

 
 
worked  on  a  new  draft  chapter  on  non-horizontal  mergers  for  the  ICN  Recommended 
Practices for Merger Analysis. 

In  October  2023,  the  Commission  also  participated  in  the  ICN  Annual  Conference187,  with 
Competition  Commissioner  delivering  a  keynote  speech  on  international  cooperation  in 
competition  policy  and  the  assessment  of  digital  and  non-horizontal  mergers,  Director 
General  Guersent  speaking  on  the  MWG  plenary  panel,  and  other  Commission  speakers 
intervening in various conference breakout sessions188. 

In  February  and  April  2023,  the  Commission  participated  in  the  meetings  of  the  UNCTAD 
Working  Group  on  cross  border  cartels  discussing  cases  with  a  jurisdiction  issue  over 
conducts taking place abroad. In July 2023, the Commission participated in the 21st meeting 
of  the  UNCTAD  Intergovernmental  Group  of  Experts  on  Competition  Law  and  Policy189, 
where the discussions focused on competition law enforcement issues raised by monopsonies, 
interaction  between  competition  and  industrial  policies,  and  on  competition  law  and  policy 
and sustainability.  

Finally, the Commission continued its endeavours to improve international rules for subsidies. 
Reforming the subsidy rules is one of the EU’s main priorities for the modernisation of WTO 
trade  rules.  To  this  effect,  in  2023  the  Commission  was  engaged  in  sectoral  initiatives 
addressing  subsidies  in  the  international  context,  such  as  the  G20  Global  Forum  on  steel 
excess capacity. 

4.3. Bilateral relations 

In March 2023, the Commission and the US competition authorities held the third high-level 
meeting of the Joint Technology Competition Policy Dialogue, discussing the progress made 
on their cooperation efforts to ensure and promote fair competition in the digital sector, while 
focusing  in  particular  on  theories  of  harm  in  digital  mergers,  and  the  future  enforcement 
priorities in tech markets190. 

In  2023,  the  Commission  also  continued  its  work  on  bilateral  cooperation  with  the  United 
Kingdom as foreseen in the EU/UK Trade Cooperation Agreement191. The Commission work 
focused  on  control  of  potentially  competition  distorting  subsidy  schemes  in  the  United 
Kingdom  as  well  as  monitoring  and  reporting  on  subsidy  and  competition  legisltion  and 
enforcement. 

Moreover, the Commission continued its cooperation on competition policy and case review 
with China's State Administration for Market Regulation, as well as with the Korean and the 

187 See: https://icn.cnmc.es/ 
188 See: 22nd ICN Annual Conference - YouTube 
189  See:  https://unctad.org/meeting/intergovernmental-group-experts-competition-law-and-policy-twenty-first-
session 
190 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_2019 
191  Trade  and  cooperation  agreement  between  the  European  Union  and  the  European  Atomic  Energy 
Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, OJ 
L 444, 31.12.2020, p. 14. 

41 

 
 
Japanese Fair Trade Commissions. DG Competition's multilateral technical cooperation with 
the Chinese, Japanese, Korean, Indian and ASEAN competition authorities also continued192.  

The  Commission  aims  to  include  provisions  on  competition  and  subsidy  control  when 
negotiating  Free  Trade  Agreements  (FTAs).  In  2023,  the  Commission  continued  FTA 
negotiations  with  Australia,  India,  Indonesia,  Thailand  and  ESA5193  and  prepared  for 
negotiations with the Philippines and Malaysia.  

As  regards  Competition  Cooperation  Agreements,  the  Commission,  for  example,  continued 
negotiations  with  Canada,  to  ensure  that  the  provisions  on  data  protection  line  up  with  the 
standards  established  by  the  Opinion  of  the  Court  of  Justice  on  the  2014  EU  Canada 
Passenger Name Record Agreement194.  

As regards the candidate countries195 and potential candidates196, including Ukraine, Moldova 
and  Georgia,  the  Commission's  main  policy  objective  is  to  help  these  countries  to  create 
legislative frameworks with well-functioning operationally independent competition and State 
aid authorities that build up a solid enforcement record. In 2023, the Commission continued to 
monitor  the  compliance  of  the  candidate  and  potential  candidate  countries  with  their 
commitments  under  the  Stabilisation  and  Association/Deep  and  Comprehensive  Free  Trade 
Agreements  and  assessed  legal  alignment  of  their  national  rules  with  the  EU  acquis.  The 
Commission  is  also  working  on  the  setting  up  of  Support  Facilities  for  Ukraine  and  for  the 
Western Balkan countries to assist the legal, administrative but also economic integration of 
the candidate countries with the EU internal market. 

In 2023, the Commission has also been actively  engaging with several African national and 
regional  authorities  to  further  cooperation  in  the  competition  field197.  The  Commission 
organised  for  the  second  time  an  Africa-EU  Competition  Week  to  foster  dialogue  with 
African competition authorities at the national and regional level. 

5. 

SUPPORTING EU COMPETITION LAW ENFORCEMENT 

5.1. Digital Transformation 

Digital transformation is a major political priority for the Commission’s current mandate (A 
Europe fit for the digital age), not only  for driving change in markets, but also for enabling 
public sector modernisation. The implementation of DG Competition’s IT strategy to further 
digitise business processes, modernise digital solutions and transform DG Competition into a 

192 See: https://asia.competitioncooperation.eu/ 
193 Five Eastern and Southern Countries: Comoros, Madagascar, Mauritius, Seychelles and Zimbabwe. 
194 Opinion of the Court of Justice (Grand Chamber) of 26.7.2017, Opinion 1/15, Draft agreement between 
Canada and the EU — Transfer of Passenger Name Record data from the EU to Canada, EU:C:2016:656. 
195 Countries granted candidate country status by the European Council on the basis of a recommendation by the 
European Commission: Albania, Bosnia and Herzegovina, Georgia, Moldova, Montenegro, North Macedonia, 
Serbia, Türkiye and Ukraine. 
196 Potential candidate for EU membership: Kosovo. 
197 See: https://africa.competitioncooperation.eu/ 

42 

 
 
more data-driven organisation to support EU competition policy and enforcement, continued 
throughout 2023 in alignment with the Commission’s revised Digital Strategy198. 

5.1.1. Case Management modernisation 

In 2023, the CASE@EC programme underwent two major evolutions, first the migration of 
DG  Competition’s  horizontal  projects  to  CASE@EC  in  February  2023,  and  second,  the 
launch  of  support  for  the  new  FSR  in  October  2023.  In  parallel,  two  new  sections  of  the 
registry were put in place to support the enforcement activity under the  Digital Markets Act 
(DMA)199 and the FSR which started in 2023. 

In parallel, work on replacing the ageing case management system  for Antitrust and Cartels 
with CASE@EC has been progressing well and the replacement is expected to be completed 
in  the  course  of  2024.  Furthermore,  the  analysis  for  replacing  the  ageing  case  management 
system  for  Mergers  with  CASE@EC  started,  and  the  CASE@EC  security  plan  was 
substantially updated. 

5.1.2. Improving digital exchanges with Member states’ administrations, business and 
citizens 

During 2023, DG Competition continued improving its range of digital solutions to enhance 
and  fully  digitise  its  communication  and  collaboration  processes  with  external  stakeholders, 
notably  Member  State  administrations,  NCAs,  citizens  as  well  as  businesses  and  their  legal 
representatives. 

This  work  stream  included  the  launch  of  a  new  digital  solution,  COMP  Cases,  fully 
revamping  the  publication  of  competition  cases’  data  on  the  EUROPA  website  and  helping 
citizens  and  external  stakeholders  to  better  access,  search,  and  export  public  data  on 
competition cases. 

Moreover,  the  tool  enabling  collaboration  and  communication  within  the  European 
Competition Network (ECN2) was adapted to support exchanges with Member States in the 
context  of  the  FSR.  Furthermore,  several  upgrades  were  made  on  the  tools  supporting  DG 
Competition’s  requests  for  information  to  investigate  markets  (eRFI),  the  EC  leniency 
programme  (eLeniency)200,  the  negotiation  on  confidentiality  claims  in  the  context  of  the 
access  to  file  procedures  (eConfidentiality)201  and  the  State  Aid  Notification  (SANI2)202 and 
Reporting (SARI2) tools. 

198  Communication  of  the  Commission,  European  Commission  digital  strategy  -  Next  generation  digital 
Commission, C(2022) 4388 final, 30.6.2022. 
199  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. 
200 See: https://competition-policy.ec.europa.eu/antitrust-and-cartels/leniency/eleniency_en  
201 See: https://competition-policy.ec.europa.eu/index/it-tools/econfidentiality_en  
202 See: https://competition-policy.ec.europa.eu/state-aid/legislation/forms-notifications-and-reporting_en  

43 

 
 
Finally, DG Competition started the initiation phase of two new projects: (i) digitalising the 
notification of Merger cases and (ii) supporting new needs arising from the updated State Aid 
de minimis rules. 

5.1.3. Advanced data support and digital solutions for competition investigations 

As  DG  Competition  continues  facing  an  exponential  increase  in  the  volume  of  electronic 
communications with parties as well as in electronic evidence, several projects are ongoing to 
improve  the  handling  of  large  volumes  of  case  related  submissions  and  the  on-premises 
access to files by parties by offering a range of digital solutions. 

First,  the  tool  used  by  case  teams  to  review  large  amounts  of  documents  (eDiscovery) 
underwent  a  significant  revamp  improving  functionality  and  the  user  experience.  A  market 
study  was  also  carried  out  to  assess  commercial  e-discovery  solutions  with  AI  capabilities 
such  as  Technology  Assisted  Review  (TAR),  to  prepare  the  possible  selection  and 
procurement of a new solution. 

Case teams also continued to receive support with advanced data services, to assist processing 
and exploiting non-standard submissions of large volumes of documents.  

Moreover, together with the Commission’s Directorate-General for Digital Services (DIGIT), 
work started for configuring a secure cloud environment for data science suitable for handling 
sensitive data and in line with the relevant Commission guidelines. 

Finally, business units as well as the general public were supplied with advanced visual and 
interactive dashboards based on a corporate data analytics solution. 

DG  Competition’s  horizontal  unit  ‘Data  Analysis  and  Technology’,  (Chief  Technology 
Officer  (CTO)  team),  supports  DG  Competition  with  specialist  skills  to  make  the  most  of 
technological  advances  for  digital  investigations,  intelligence  collection  and  market 
monitoring, forensics and eDiscovery. 

5.2. Single Market Programme 

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

increasingly  complex.  DG  Competition 

therefore 

The Multiannual  Financial Framework 2021-2027 also  responds  to these new challenges by 
including for the first time a dedicated Competition programme as part of the Single Market 
Programme  (SMP)  to  provide  stable  financing  of  measures  that  enhance  the  Commission’s 
enforcement  capacity,  policy  initiatives,  international  cooperation,  as  well  as  competition 
policy  advocacy.  With  an  EU  budget  contribution  of  EUR  20  million  for  2023,  the 
Competition programme channels investment into areas that support effective and up-to-date 
enforcement of EU competition policy. 

44 

 
 
In  2023,  DG  Competition  actively  pursued  a  comprehensive  plan  to  implement  the 
Competition  programme.  It  continues  investing  in  the  development  of  digital  business 
solutions  dedicated  to  modernising  case  management  and  interactions  with  external 
stakeholders  and  to  increase  the  speed  and  efficiency  of  competition  enforcement  through 
data and artificial intelligence solutions. 

5.3. External Communication and Advocacy 

DG  Competition  reaches  out  to  a  variety  of  stakeholders,  including  businesses,  national 
courts, lawyers and other advisers, policy makers, academics, students, and civil society more 
generally.  Various  channels  are  being  used  for  this  purpose,  first  and  foremost  the 
participation  of  Executive  Vice-President  Vestager  and  Commissioner  Reynders  in  events, 
press  conferences  and  speeches,  complemented  by  press  releases,  newsletters,  conferences, 
specialised  publications,  and  an  active  social  media  presence.  Following  DG  Competition’s 
October  2022  ‘Making  Markets  Work  for  People'203,  a  broad  and  innovative  outreach 
initiative  was  launched  in  2023  to  build  on  the  narrative  of  maintaining,  nourishing,  and 
developing  a  European  social  market  economy  and  the  role  of  competition  policy.  This 
initiative has brought  this debate to  non-specialist  settings  and locations, contributing  to  the 
Commission’s  efforts  to  engage  with  the  public  on  the  ultimate  significance  of  the  EU  in 
general, and of competition policy in particular. Four of these debates took place in 2023, in 
Modena (IT), Salzburg (AT), Salamanca (ES) and Brno (CZ). In May 2023, DG Competition 
also  launched  the  ‘Let’s  Talk  Competition’  series204   to  debate  some  of  the  most  relevant 
competition policy developments taken by the DG this year. The topics, debated by senior and 
well-known experts from the Commission, academia, the legal world, and the Member States, 
have included, so far, the new guidelines of Art.102 TFEU, the revised HBERs, the DMA and 
the  FSR.  More  episodes  are  already  in  the  making  for  2024.  This  format  is  allowing  DG 
Competition to reach a very significant audience, in comparison to normal conference events. 
These episodes accumulate more than 1 000 views (for the more recent ones) and above 3 000 
views on YouTube. 

In  2023,  Executive  Vice  President  Vestager  and  Commissioner  Reynders  delivered  26 
speeches to a variety of audiences, both within and outside Europe. The Director-General of 
DG  Competition  also  participated  in  more  than  40  international  events  and,  together  with 
other  senior  managers,  actively  engaged  in  outreach  efforts  towards  EU  institutions  and 
Member States on the benefits of a strong and effective competition policy and enforcement. 
DG  Competition  posted  over  800  times  from  its  ‘X’  account,  along  with  200  posts  on  its 
LinkedIn  account,  and  reached  11  500  subscribers  with  its  electronic  newsletter.  Its 
publications in the EU Bookshop were viewed, downloaded, or ordered as paper copies some 
73 000 times. DG Competition issued more than 165 press releases during 2023. Some of the 
cases and policy initiatives generated broad media coverage, for example the entry into force 
of the FSR and the launch of the IPCEI on the Hydrogen Value Chain. 

203 See: https://competition-policy.ec.europa.eu/about/reaching-out/making-markets-work-people_en  
204 See: https://competition-policy.ec.europa.eu/about/reaching-out/lets-talk-competition_en  

45 

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

The Commission’s enforcement actions in the fields of antitrust and mergers generate direct 
benefits for citizens. DG Competition estimates that direct customer savings generated by the 
Commission’s  antitrust  and  merger  enforcement  over  the  period  2012-2022  amount  to 
between EUR 145 - 250 billion. On average, antitrust and merger enforcement generated thus 
around  EUR  13  to  23  billion  of  direct  customer  benefits  per  year.  In  addition  to  these 
estimates,  overall  customer  benefits  of  competition  enforcement  also  include  the  indirect  or 
deterrent  effects  of  enforcement  and  positive  effects  on  innovation  and  quality.  While  both 
effects  are more difficult to  estimate,  economists agree that  they are likely more significant 
than  the  direct  customer  savings.  Complementary  recent  modelling  of  the  macro-economic 
effects of competition enforcement suggests that antitrust and merger enforcement of the kind 
performed by the Commission during the last 10 years is likely to have a positive impact on 
real EU GDP relative to the baseline in the range of 0,6% - 1.1% (the equivalent of an uplift 
of EUR 80 - 150 billion in 2019 GDP) in the medium to long term205. 

Figure 8: Customer savings (midpoints) 2012-2022 

In 2023, DG Competition continued its work on the ‘State of EU Competition’ project. The 
purpose of this project is to explore the evolution of market and industry concentration across 
different  sectors  and  Member  States  and  identify  potentially  malfunctioning  sectors.  It  will 
also assess and document the benefits of competition, inter alia based on price concentration 
analyses at sector level, macro-economic modelling, and a survey among enterprises. For this 

205  European  Commission,  Directorate-General  for  Competition,  Directorate-General  for  Economic  and 
Financial  Affairs,  Joint  Research  Centre,  Archanskaia,  E.,  Cai,  M.,  Cardani,  R.,  et  al.,  Modelling  the 
macroeconomic impact of competition policy: 2021 update and further development, Publications Office of the 
European Union, 2022. 

46 

 
 
 
purpose, DG Competition will be able to draw on the results of two preparatory studies, one 
conducted  by  the  OECD  (final  report  is  expected  in  2024)  and  another  by  an  external 
consultant which delivered the final report delivered in December 2023. 

DG  Competition  further  launched  a  survey  of  practitioners  on  the  deterrence  effects  of  EU 
competition enforcement. 

II.  SECTORAL OVERVIEW 

1.  ENERGY & ENVIRONMENT 

1.1. Overview of key challenges in the sectors 

The  continued  Russian  war  of  aggression  against  Ukraine,  the  persistence  of  high  energy 
prices and uncertainty in energy markets, the call for increased electrification and reduction of 
fossil  fuels  under  the  REPowerEU  Plan  and  the  discussions  on  the  development  of  a  new 
European Energy Market Design (EMD)206, continued to dominate the work on energy files in 
2023, and triggered additional changes to the TCF, replaced by the TCTF on 9 March 2023.  

The  TCTF  includes  simplifications  of  the  way  support  to  renewables  and  to  industrial 
decarbonisation  and energy efficiency  is assessed, with  a view to  accelerating the transition 
away from fossil fuels (see sections 2.5 and 2.6 TCTF), and includes an additional section for 
support  to  strategic  parts  of  the  supply  chain,  key  for  the  transition  to  a  net-zero  economy 
(section  2.8  TCTF).  These  energy  transition-related  sections  of  the  TCTF  apply  until  31 
December 2025.  

In  2023,  the  Commission  approved  eight  national  schemes  to  accelerate,  in  line  with  the 
Green  Deal  Industrial  Plan, investments  in  sectors strategic for the transition  towards a net-
zero  economy  (batteries,  solar  panels,  wind  turbines,  heat  pumps,  electrolysers  and  carbon 
capture  and  storage  equipment)  (under  section  2.8  TCTF)  in  Spain  (EUR  2.5  billion)207, 
Hungary (EUR 2.4 billion)208, Germany (EUR 3 billion)209, Slovakia (EUR 1 billion)210, Italy 
(EUR 100 million)211, Austria (EUR 60 million)212 and Belgium (EUR 50 million)213. 

206 Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 
2019/943 and (EU) 2019/942 as well as Directives (EU) 2018/2001 and (EU) 2019/944 to improve the Union’s 
electricity market design, COM/2023/148 final.  
207 Case SA.107094, Spain - RRF – TCTF - Integrated action line on the industrial value chain – Batteries; Case 
SA.108653, Spain - RRF – TCTF - Scheme for projects of equipment necessary for the transition towards a net-
zero economy. 
208 Case SA.107689, Hungary -TCTF - Scheme for accelerated investments in sectors strategic for the transition 
towards a net-zero economy. 
209 Case SA.108068, Germany -TCTF - Aid to support the transition to a net-zero economy. 
210 Case SA.109989, Slovakia -TCTF - State aid scheme for providing Extraordinary Investment Aid in sectors 
strategic for the transition to a net-zero economy. 
211 Case SA.108953, Italy – TCTF - RRF - Investment aid scheme for the production of electrolysers. 
212 Case SA.109170, Austria - TCTF – Scheme for accelerated investments in sectors strategic for the transition 
towards a net-zero economy. 
213 Case SA.109169, Belgium - RRF-TCTF - Decarbonisation of Walloon companies - Enhancing investments in 
value chains linked to the energy transition. 

47 

 
 
On 9 March 2023, together with the adoption of the TCTF, the Green Deal GBER amendment 
was endorsed by the Commission. This targeted amendment, which was formally adopted by 
the Commission on 23 June 2023, modifies the section related to energy and environment to 
further  simplify  and  speed  up  support  for  the  EU's  green  transitions,  whilst  protecting  the 
level playing field in the Single Market214.  

Apart  from  the  TCTF  and  GBER,  the  main  guidance  regarding  the  work  on  energy  and 
environmental  protection  is  provided  by  the  CEEAG215.  Since  the  adoption  of  these 
guidelines in January 2022, 36 cases have been adopted under the CEEAG (12 in 2022, 24 in 
2023).  The  CEEAG  continue  to  be  the  main  framework  for  the  Commission  to  assess  the 
compatibility  of  support  measures  with  the  internal  market,  ensuring  a  level-playing-field, 
while  at  the  same  time  reaching  the  ambitious  objectives  of  the  European  Green  Deal  and 
reducing the EU’s dependence on fossil fuel imports. 

1.2. Effective competition in the green economy 

In 2023, competition enforcement continued to contribute to the EU environmental objectives 
through the application of the State aid, antitrust and merger rules. 

1.2.2. E-Mobility 

The  shift  to  zero-emission  mobility  remains  one  of  the  key  objectives  of  the  European 
sustainable and smart mobility strategy and makes an important contribution to the European 
Green  Deal.  It  can  also  help  reducing  dependency  on  imported  fossil  fuels.  The  large-scale 
deployment of electric charging and hydrogen-refuelling stations under a competitive market 
is important to ensure the take-up of electric and hydrogen powered vehicles and encourage 
the shift away from fossil fuels. 

In April 2023, the Commission published a Study on the Competition Analysis of the Electric 
Vehicle  Recharging  Market  across  the  EU27  and  the  United  Kingdom216.  The  study  was 
undertaken in view of the growing importance of the electric vehicles and recharging sectors 
in  reducing  transport  emissions  and  reaching  the  net  zero  targets  set  at  EU  level.  Ensuring 
healthy competitive conditions in these sectors is vital as they continue to grow and develop, 
and  as  most  EU  Member  States  provide  funding  to  the  e-mobility  sector.   The  study  offers 
insights  into  the  sector's  evolution,  industry  dynamics,  and  regulatory  initiatives,  and 
identifies competition concerns that may arise while these sectors mature, complemented by 
an  in-depth  assessment  for  a  number  of  selected  countries  (Ireland,  Italy,  Croatia,  and 
Belgium). 

On 10 August 2023, the Commission approved under section 4.3.2 of the CEEAG, a State aid 
scheme  for  the  deployment  of  high-power  recharging  (HPC)  infrastructure  for  electric 

214 See Part I, Section 3.4.  
215 Guidelines on State aid for climate, environmental protection and energy (See part I, Section 3.3.). 
216 See: https://competition-policy.ec.europa.eu/system/files/2023-

04/kd0523130enn_electric_vehicles_study_extended_executive_summary.pdf  

48 

 
 
vehicles along the German motorways217. The scheme envisages the deployment of 952 HPC 
points in approximately 200 locations along the motorways. The beneficiaries will be selected 
following  a  competitive  bidding  process.  The  Commission  also  advised  Member  States  on 
several  other  schemes  to  either  bring  them  under  the  GBER  or  to  ensure  that  they  did  not 
entail State aid in line with published relevant guidance218. 

1.2.3. Reduction of industrial emissions 

Reduction and avoidance of industrial greenhouse gas emissions is another important leg of 
the European Green Deal and is equally important to reduce dependency on fossil fuels. 

In 2023, the Commission approved  under the  CEEAG several State aid  measures aiming  at 
the  decarbonisation  of  steel  and  refining  installations  through  the  uptake of  hydrogen-based 
technologies or through electrification of hydrogen production.  

Some of these cases were originally selected by the Member States in the context of an open 
call  to  form  part  of  an  IPCEI  on  hydrogen  technologies  and  systems,  which  resulted  in  the 
two  IPCEI  ‘Hy2Tech'  and  IPCEI  ‘Hy2Use'  in  the  hydrogen  value  chain  approved  in  2022. 
However,  given  their  characteristics  and  objectives,  these  cases  were  better  suited  for 
assessment under the CEEAG and were consequently approved by the Commission based on 
individual notifications. Those cases concerned in particular the construction of electrolysers 
and several installations for the production of steel219.  

Such  measures  to  decarbonise  the  industry  aim  at  swiftly  abandoning  the  use  of  the  most 
polluting  fossil  fuels  such  as  oil,  lignite  and  coal  especially  in  energy-intensive  industrial 
sectors (steel, refiners, cement, chemicals, fertilisers etc.) and gradually shifting from natural 
gas  to  renewable  and  low-carbon  hydrogen  to  avoid  huge  quantities  of  GHG  emissions, 
thereby contributing to the goals of the Green Deal. 

The challenge in these cases is the fact that the renewable and low-carbon hydrogen markets 
in  the  EU  are  still  in  a  nascent  state,  resulting  in  substantial  uncertainties  and  high  risks  to 
economic operators, whether enough renewable hydrogen at affordable prices will be readily 
available in the medium term. This justifies the intervention of Member States to address such 
high risks and incentivise the decarbonisation of industrial processes through the shift to clean 
hydrogen and electrification.  

The project with the highest amount of aid concerned a EUR 2.6 billion measure to support 
German  steel  makers  AG  der  Dillinger  Hüttenwerke,  Saarstahl  AG  and  ROGESA 
Roheisengesellschaft  Saar  mbH  in  decarbonising  their  steel  production  in  Völklingen  and 

217 Case SA.105414, Germany - Aid scheme for High Power Charging infrastructure for electric vehicles along 
the motorways in Germany.  
218 See: https://competition-policy.ec.europa.eu/system/files/2023-
04/template_RRF_charging_stations_04042023.pdf; and  
Premiums acquisition low emission vehicles - updated 4.4.2023.docx (europa.eu) 
219 Case SA.105006, Poland - RRF-Aid to LOTOS Green H2 Sp. z o.o.; Case SA.104897, Belgium, Project 
ArcelorMittal (Ghent), Case SA.104904, Spain - ArcelorMittal Spain (Gijon), Case SA.104903, France – 
ArcelorMittal France, Case SA.105244, Germany - Aid to ThyssenKrupp for project tkH2Steel. 

49 

 
 
Dillingen, Saarland. The aid, which was approved on 19 December 2023, will support among 
other  things  the  construction  of  a  direct  reduction  plant  and  two  new  electric  arc  furnaces 
which  will  replace  the  existing  blast  furnaces  and  basic  oxygen  converters.  Natural  gas, 
initially  used  in  the  new  direct  reduction  plant,  will  gradually  be  phased  out  of  the  steel 
production processes. Ultimately,  the new installation will operate using  mainly  low-carbon 
and renewable hydrogen. The new installations are envisioned to start operating in 2026 and 
are expected to avoid the release of above 53 million tonnes of carbon dioxide220. 

The Commission also approved, on 6 October 2023, a EUR 2.5 billion Czech scheme to help 
manufacturing  companies  in  the  most  emitting  sectors  improve  their  energy  efficiency  and 
decarbonise their production processes to foster the transition to a net-zero economy, in line 
with the Green Deal Industrial Plan. The scheme was approved under the TCTF221. 

The  Commission  also  approved  under  the  CEEAG  a  scheme  notified  by  Denmark,  with  a 
total budget of around EUR 1.1 billion (DKK 8.1 billion), aiming at promoting the roll-out of 
carbon  capture  and  storage  (CCS)  technologies  used  to  reduce  carbon  dioxide  (CO2) 
emission  released  in  the  atmosphere  and  achieve  deeper  decarbonisation  of  industrial 
processes.  The  measure  will  support  CCS  as  a  viable  and  effective  tool  to  mitigate  climate 
change. Under the scheme, the aid will be awarded through a competitive tendering procedure 
open  to  companies  active  in  any  industrial  sectors,  including  the  waste  and  energy  sectors. 
Under  a  20-year  contract,  the  beneficiary  will  capture  and  store  an  annual  minimum  of  0.4 
million tonnes of CO2 as from 2026. The aid will cover the difference between the estimated 
total costs of capturing and storing a tonne of CO2 over the lifetime of the contract and the 
return expected by the beneficiary222.  

1.2.4.  Renewable  energy  and  other  technologies  for  the  reduction  and  removal  of 
emissions 

In  2023,  the  Commission  approved  ten  State  aid  measures  under  the  CEEAG  to  support  the 
development  of  renewable  energy,  covering  different  technologies  (solar  PV,  onshore  wind, 
offshore wind, hydrogen, biomass). 

On 13 February 2023, the Commission approved France’s measure to support the construction 
and  the  operation  of  a  floating  offshore  wind  farm  in  the  sea  off  the  coast  of  the  South  of 
Brittany,  the  first  floating  offshore  wind  measure  approved  under  State  aid  rules223.  The 
floating offshore wind farm project will be the first commercial project of this kind in France, 
where until now only small pilot projects have been developed. The wind farm is expected to 
have a capacity of 230 to 270 MW, and to generate 1 TWh of renewable electricity per year for 
a period of 35 years.  

220 Case SA.105337, Germany – State aid to AG der Dillinger Hüttenwerke, Saarstahl AG and ROGESA 
Roheisengesellschaft Saar mbH for project Power4Steel – Phase 1 in Völklingen and Dillingen. 
221 Case SA.109055, Czechia – TCTF - Modernisation Fund – Programme ENERG ETS. 
222 Case SA.102777, Denmark - State aid scheme for Carbon Capture and Storage in Denmark. 
223  Case  SA.100269  (2022/N),  France  -  Parc  éolien  flottant  en  mer  dans  une  zone  au  large  du  sud  de  la 
Bretagne. 

50 

 
 
On  10  July  2023,  the  Commission  approved  modifications  to  the  Dutch  renewables  scheme, 
Stimulering Duurzame Energieproductie (SDE++)224. The scheme,  with an overall budget of 
EUR  30  billion,  supports  a  wide  range  of  projects  with  different  technological  approaches, 
including  projects  based  on  renewable  electricity  and  heat,  low  carbon  and  renewable  gas, 
including hydrogen, and transport fuels. In 2023, the Netherlands made several amendments to 
the  existing  scheme225,  in  particular,  to  guarantee  a  certain  budget  for  supporting  projects  in 
areas with a green potential where decarbonisation is currently relatively expensive, such as (i) 
low-temperature heat projects (including geothermal, heat pumps and solar thermal), (ii) high-
temperature  heat  projects  (electrification  options  for  industry  via  heat  pumps  and  electric 
boilers),  and  (iii)  ‘molecules’  projects  (including  hydrogen  production  via  electrolysis, 
production  of  biomethane,  and  advanced  renewable  transport  fuels).  In  addition,  the  scheme 
was amended to cover also air water heat pumps for heating buildings, and the possible future 
electrification of offshore platforms. 

On 27 July 2023, the Commission approved another Dutch scheme to support the production of 
renewable hydrogen to increase the country’s electrolysis capacity226. The scheme will support 
the  construction  of  at  least  60  MW  of  electrolysis  capacity.  Beneficiaries  will  have  to  prove 
compliance with EU criteria for the production of renewable fuels of non-biological origin, set 
out  in  the  Commission  Delegated  Regulation  on  renewable  hydrogen  adopted  on  20  June 
2023227. Moreover, on 17 June 2023, the Commission approved a Danish  scheme to support 
the upscaling of the production of renewable hydrogen and derivatives228, such as renewables-
based  ammonia,  methanol,  and  e-Kerosene,  using  PtX  technologies229.  The  scheme  will 
support the construction of up to 100-200 MW of electrolysis capacity. 

In  2023,  the  Commission  also  approved  two  Italian  schemes  to  promote  renewable  energy 
development,  one  measure  supporting  the  construction  and  operation  of  agrivoltaic 
installations230  and  another  measure  supporting  the  production  and  self-consumption  of 
renewable electricity within renewable energy communities231, for an estimated budget of EUR 
1.7 billion and EUR 5.7 billion respectively,  partly made available through the RRF. 

In addition to approving support for renewable energy under the CEEAG, the Commission also 
approved under section 2.5 of the TCTF, 13 measures for the support of renewables, such as 

224 CaseSA.104448, the Netherlands - Modification of SDE++ scheme for greenhouse gas reduction projects 
including renewable.  
225 The SDE++ scheme has been approved by the Commission in December 2020 (SA.53525) and amended for 
the first time in December 2021 (SA.100461). 
226 Case SA.101998, the Netherlands - Hydrogen production through electrolysis.  
227 See: https://energy.ec.europa.eu/news/renewable-hydrogen-production-new-rules-formally-adopted-2023-06-
20_en  
228 Case SA. 103648, Denmark - Production of PtX in Denmark.  
229  PtX  refers  to  a  group  of  technologies  that  turn  electricity  into  carbon-neutral  synthetic  fuels.  The  key  PtX 
technology is electrolysis, which uses electricity to decompose water into oxygen and hydrogen gas that can be 
used as a fuel or in chemical processes.  
230 SA.107161, Italy - RRF- Support for the promotion of agrivoltaic installations.  
231 SA.106777, Italy - RRF - Support for the development of Renewable Energy Communities.  

51 

 
 
renewable  hydrogen  development  in  Italy232,  modifications  to  a  renewable  energy  scheme  in 
Ireland233,  support  for  the  production  of  renewable  methane  and  methanol  in  Finland234, 
offshore wind development in Lithuania235 and onshore wind development in France236. 

Furthermore, on 25 April 2023, the Commission approved the prolongation and amendments of 
a  Spanish  and  Portuguese  measure  aimed  at  reducing  the  wholesale  electricity  prices  in  the 
Iberian market (MIBEL) by lowering the input costs of fossil fuel-fired power stations237. The 
amended  measure,  in  place  until  31  December  2023,  was  approved  directly  under  Article 
107(3)(b)  TFEU,  acknowledging  that  the  Spanish  and  Portuguese  economies  are  still 
experiencing a serious disturbance. It complements other measures to mitigate the impact of the 
energy crisis on electricity consumers adopted by Member States, under  sections 2.1 and 2.4 
TCF/TCTF. The Commission considered that the measure could be accepted on a temporary 
basis provided it did not limit the trade of electricity in the internal market. 

In parallel, in 2023, the Commission supported EU energy objectives and the European Green 
Deal  through  its  antitrust  work.  The  Commission  finalised  its  investigation  into  companies 
suspected  of  colluding  to  influence  the  price  formation  mechanism  for  ethanol  in  Europe  by 
adopting  a  prohibition  decision  with  fines  against  Lantmännen  ek  för  and  its  subsidiary 
Lantmännen  Biorefineries  AB  (formerly  named  Lantmännen  Agroetanol  AB)238.  Moreover, 
following unannounced inspections in June 2023, the Commission continued its investigation 
into the synthetic turf industry in several Member States to determine whether the companies 
active in this sector have violated EU competition rules239. The Commission also continued its 
investigation  into  a  possible  collusion  concerning  the  recycling  of  end-of-life  passenger 
vehicles,  following  the  unannounced  inspections  in  2022  in  several  Member  States  at  the 
premises of companies and associations active in the automotive sector240. 

1.2.5 Energy infrastructure 

In  2023,  the  Commission  adopted  two  decisions  approving  State  aid  for  LNG  terminals  to 
contribute to the security and diversification of energy supplies and to help end dependence 
on Russian fossil fuels in line with the REPowerEU Plan. The first measure concerns aid of 
EUR 40 million for the construction and operation of a new land-based liquefied natural gas 
terminal in Brunsbüttel, Germany, with an annual capacity of 10 billion cubic meters which is 

232 SA.106007, Italy - TCTF - RRF - Support for the development of hydrogen valleys.  
233 SA.105135, Ireland - Amendments to State Aid Approval SA.54683 (2020/N) – Ireland Renewable Electricity 
Support Scheme (RESS).  
234  SA.105338,  Finland  -  TCTF  –  RRF  –  Support  for  the  development  of  renewable  methane  and  renewable 
methanol production. 
235 SA.102871, Lithuania - TCTF - Offshore wind support scheme. 
236 SA.107440, France - TCTF - France - Prolongation de la durée du débridage d'installations éoliennes 
terrestres. 
237 SA.106095, Spain, and SA.106096, Portugal - Prolongation of MIBEL fossil-fuel cost adjustment mechanism.  
238 See above Part I, Section 1.4. 
239 See above Part I, Section1.4. 
240 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_22_1765. 

52 

 
 
planned  to  start  operating  by  the  end  of  2026241.  The  second  measure  concerns  aid  of  EUR 
106  million  to  support  the  completion  of  the  construction  of  the  LNG  terminal  in 
Alexandroupolis, Greece242.  

On  7  July  2023,  the  Commission  also  approved  the  reintroduction  of  a  Dutch  EUR  370 
million  scheme  to  support  the  filling  of  the  natural  gas  storage  facility  Bergermeer,  in  the 
Netherlands243.  The  measure  aims  to  provide  incentives  to  capacity  holders  of  the  storage 
facility to fill the seasonal gas storage, given the price volatility in the market by providing an 
insurance against negative winter-summer gas price spreads.  

On  8  August  2023,  the  Commission  approved  a  EUR  16  million  Bulgarian  measure  to 
support  the  expansion  of  Bulgartransgaz’s  natural  gas  storage  facility  in  Chiren,  the  only 
natural gas storage facility in Bulgaria244. As a result of the measure, the storage capacity of 
the facility will almost double which will contribute to ensuring the security of gas supply and 
to enhancing competition in the gas market by facilitating the trading of gas in the region.   

Electricity storage facilities can contribute to a smooth integration in the electricity system of 
an increasing share of renewable energy, in line with the EU’s strategic objectives relating to 
the  European  Green  Deal.  In  2023,  the  Commission  adopted  a  decision  on  a  measure  to 
support  the  development  of  electricity  storage  facilities  in  Romania,  which  is  partially 
financed  under  the  RRF245.  In  December  2023,  it  also  approved  a  EUR  17.7  billion  Italian 
scheme246 to support the construction and operation of a centralised electricity storage system. 
The measure will be implemented over a 10-year period and will facilitate the development of 
electricity  storage  facilities  with  a  joint  capacity  of  more  than  9  GW/71  GWh  to  provide 
flexibility and facilitate the deployment of renewable sources.  

1.2.6. Coal phase-out 

In 2023, the Commission continued examining measures taken by Member States to support 
the phase-out from coal-fired power generation. 

Among other measures, the Commission continued its in-depth investigation into the German 
lignite phase out, namely a EUR 2.6 billion measure to compensate RWE Power AG (RWE) 
and EUR 1.75 billion to compensate Lausitz Energie Kraftwerke AG (LEAG) for phasing out 
their  lignite-fired  power  plants  earlier  than  foreseen.  In  March  2023,  the  Commission 
extended  the  scope  of  its  ongoing  in-depth  inquiry  to  cover  the  new  elements  notified  by 
Germany in December 2022. On 11 December 2023, the Commission adopted a final positive 

241 Case SA.102163, Germany – LNG -Terminal Brunsbüttel. 
242 Case SA.105781, Greece - LNG Alexandroupolis - Independent Natural Gas System - Additional State Aid to 
SA.55526. 
243 Case SA.106923, the Netherlands - Prolongation of gas storage scheme Bergermeer (SA.103012). 
244 Case SA. 106120, Bulgaria - State guarantee to ‘Bulgartransgaz’ EAD for expansion of the capacity of the 
‘Chiren’ natural gas storage facility. 
245 Case SA.102761, Romania – RRF - State aid scheme aimed at developing the electricity storage capacities in 
Romania. 
246  Case SA.104106, Italy - Support for the development of a centralised electricity storage system in Italy. 

53 

 
 
decision to allow Germany to grant RWE aid in amount of EUR 2.6 billion247. The aid will 
compensate  RWE  for  the  early  phase-out  of  its  lignite-fired  power  plants  in  the  Rheinish 
mining area. 

1.3. Secure energy supply 

In  December  2022,  the  Council  adopted  an  emergency  Regulation  providing  a  temporary 
legal  basis  for  better  coordination  of  gas  purchases  through  demand  aggregation  and  joint 
purchasing of gas (Solidarity Regulation)248. The Commission set up the demand aggregation 
and joint  purchasing  mechanism in  close cooperation with relevant  stakeholders, supporting 
them  with  informal  guidance  where  needed  to  ensure  compliance  with  the  EU  competition 
rules. 

In 2023, the Commission continued providing guidance to Member States regarding measures 
to ensure security of energy supply.  

On  29  September  2023,  the  Commission  approved  a  revision  of  the  Belgian  Capacity 
Mechanism  (CM), under  section 4.8  of the  CEEAG249. The revision  follows the decision of 
the  Belgian  government  to  extend  the  lifetime  of  two  nuclear  reactors  scheduled  to  be 
decommissioned at the end of 2025. The Commission ensured that (i) the operation of the CM 
continues to be based on a competitive process open to all technologies and  (ii) auctions are 
based  on  updated  evidence  to  avoid  over-procurement.  The  adjusted  CM  also  introduces 
stricter carbon dioxide emission limits in line with the Green Deal objectives. 

1.4. Effective competition in energy markets 

In 2023, the Commission continued its antitrust investigations in the energy sector. 

The  Commission  continued  its  investigation  into  the  Greek  electricity  incumbent  Public 
Power  Corporation  (PPC)  for  potential  predatory  behaviour  in  the  wholesale  electricity 
market  in  the  Greek  interconnected  system  (mostly  mainland  Greece).  The  investigation 
focuses  on  PPC’s  alleged  strategic  bidding  behaviour  that  may  have  resulted  in  its  thermal 
units  being  selected  for  electricity  generation  even  when  they  did  not  cover  their  average 
variable costs250.  

The Commission also continued its investigation into whether Gazprom may have engaged in 
anti-competitive  conduct  contributing  to  the  soaring  energy  prices  in  the  EEA  observed  in 
2021/2022251. 

With  respect  to  mergers  in  2023,  the  energy  sector  saw  a  slight  increase  in  the  number  of 
cases. Most cases were dealt with under the simplified procedure, spanning across fields such 

247 Case SA.53625, Germany, Lignite phase-out. 
248 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. 

249 Case SA.104336, Belgium - Amendments to the Capacity Remuneration Mechanism.  
250 Case AT.40278, Greek wholesale electricity market. 
251 See: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_2202 

54 

 
 
as  electricity  production  (gas  powered,  nuclear,  waste-to-energy,  wind,  solar),  electricity 
distribution, electricity trading, and gas transport.  

The Commission also completed its Phase II investigation of the acquisition of OMV Slovenia 
by MOL, and approved, under the EUMR, the proposed acquisition subject to conditions. The 
Commission found that the acquisition would (i) lead to higher prices for consumers in fuel 
retail  stations,  and  (ii) facilitate  coordination  between  MOL  and  its  rivals  on  prices.  MOL 
offered  to  divest  39  fuel  stations.  The  Commission  found  that  the  divestment  addresses  the 
concerns raised, by creating a third competitive force and preventing coordination252. 

2. 

INFORMATION AND COMMUNICATION TECHNOLOGIES AND MEDIA  

2.1. Overview of key challenges in the sectors 

Markets in the information, communication, technologies and media sectors (ICT) continue to 
be  key  drivers  for  smart,  sustainable  and  inclusive  growth.  Digital  services  have  increased 
consumer  choice,  and  improved  efficiency  and  competitiveness.  Large  platforms  in  the 
provision of digital services represent key structural elements of today’s economy.  

At  the  same  time,  certain  features  of  ICT  markets,  such  as  network  effects  and  increasing 
returns to  scale render them  particularly  apt to  lock in  consumers  and  entrench positions of 
dominant  firms.  ICT  companies  frequently  play  a  ‘dual  role’,  by  operating  a  platform  or 
marketplace for third parties and at the same time offering their own products or services on 
that  platform  or  marketplace.  This  can  give  rise  to  ‘self-preferencing’  and  other 
discriminatory practices including vertical foreclosure by ‘dual role’ platforms.  

Moreover, data has become a crucial input when providing digital services. The success and 
competitiveness  of ICT  operators increasingly depends on timely access to  relevant  data.  In 
addition,  anti-competitive  practices  such  as  data  leveraging  may  raise  barriers  to  entry, 
discourage small and innovative competitors and restrict consumer choice.  

In  2023,  the  Commission  investigated  how  larger  competitors  use  the  data  of  their  smaller 
competitors.  In  addition,  the  Commission  investigated  business  practices  that  potentially 
reinforce  the  position  of  dominant  companies  and  platform  owners,  for  example  imposing 
unfair  contractual  conditions  or  ‘self-preferencing’.  When  reviewing  proposed  mergers,  the 
Commission focussed on avoiding restrictions to competition within a dynamic sector of the 
EU economy.  

2.2. Contribution of EU competition policy to tackling the challenges 

2.2.1. Data and platforms 

The exponential growth of the digital economy has enabled the rise of business models based 
on  the  collection  and  processing  of  data.  The  use  of  data  has  the  potential  to  generate 
efficiency  and  productivity  gains.  However,  a  small  number  of  large  companies  enjoys 
considerable economic power which enables them to leverage their advantages, such as their 
access to large amounts of data, from one area of activity to another. Contestability is reduced 

252 Case M.10438, MOL / OMV Slovenija. 

55 

 
 
due to the absence of, or reduced access to, some key inputs in the digital economy, such as 
data. As a result, the likelihood increases that the underlying markets do not function well or 
will soon fail to  function well.  Companies increasingly depend on  timely access  to  relevant 
data. 

The potential imbalances in data acquisition and data use remain a concern in digital markets. 
In  2023,  the  Commission  continued  its  investigation  into  Meta253,  following  up  on  the 
Statement of Objections of December 2022254 in which it preliminarily concluded that Meta 
breached  Article  102  TFEU  on  the  markets  for  online  classified  ads  by  imposing  unfair 
trading  conditions  on  Facebook  Marketplace's  competitors.  The  case  also  covers  another 
objection,  namely  that  Meta  ties  Facebook  Marketplace  to  its  personal  social  network 
Facebook  to  the  detriment  of  other  providers  of  online  classified  ads.  The  Commission  is 
currently analysing Meta’s reply as regards both allegations. 

The  Commission  also  pursued  its  investigation  into  Google’s  advertising  technology  and 
data-related practices255. On 14 June 2023, the Commission sent a Statement of Objections to 
Google  in  which  it  took  the  preliminary  view  that  the  company  is  favouring  its  own  online 
display advertising technology services to the detriment of competing providers of advertising 
technology  services,  advertisers,  and  online  publishers,  thus  infringing  Article  102  TFEU. 
The Commission also preliminarily concluded that, in the specific circumstances of this case, 
a behavioural  remedy would  be ineffective to  prevent  the risk that the conducts  continue or 
are repeated and that the only way to avoid the risk of repetition of the abuse is by mandating 
the  divestment  by  Google  of  some  of  those  services256.  The  Commission  is  currently 
analysing Google’s reply. 

The  Commission  is  also  currently  investigating  Apple’s  rules  for  the  distribution  of  music 
streaming  apps.  In  its  Statement  of  Objections  of  February  2023,  the  Commission  took  the 
preliminary  view  that  the  requirements  imposed  by  Apple  constitute  an  abuse  of  Apple’s 
dominant  position  in  the  market  for  the  distribution  of  music  streaming  apps  to  iPhone  and 
iPad users257. The Commission is currently analysing Apple’s response. 

With respect to mergers, in July 2023, the Commission opened an in-depth investigation into 
the  proposed  acquisition  of  iRobot  by  Amazon258.  Amazon  provides  an  online  marketplace 
which  allows  retailers  to  advertise  and  sell  products  to  customers  and  iRobot  manufactures 
robot  vacuum  cleaners  (RVCs)  and  sells  them  on  Amazon’s  online  marketplace.  In  its 
Statement  of  Objections  sent  to  Amazon  in  November  2023259,  the  Commission  took  the 

253 Case AT.40684, Facebook leveraging, see:https://ec.europa.eu/commission/presscorner/detail/en/IP_21_2848  
254 Case AT.40684, Facebook leveraging, see: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_7728 
255 Case AT.40670, Google-Adtech and Data-related practices, see: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_21_3143 
256 
and 
https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3207  
257 Case AT.40437, Apple - App Store Practices (music streaming), see: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2061 
258 Case M.10920, Amazon/iRobot, see: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3702  
259 Case M.10920, Amazon/iRobot, see: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_5990 

Google-Adtech 

Data-related 

AT.40670, 

practices, 

Case 

see: 

56 

 
 
preliminary  view  that  Amazon  may  restrict  competition  in  EU  and/or  national  markets  for 
RVCs  by  hampering  rival  suppliers’  ability  to  compete.  The  Commission  concluded  that 
Amazon  may  have  the  ability  and  incentive  to  foreclose  iRobot  rivals  by  preventing  them 
from selling RVCs on Amazon’s online marketplace. 

2.2.2. Technology markets 

In July 2023 the Commission opened a formal investigation into Microsoft’s conduct of tying 
or bundling its communication and collaboration product Teams to its popular Office 365 and 
Microsoft  365  suites260.  The  Commission  is  concerned  that  Microsoft  may  be  abusing  its 
market  position  in  productivity  software  by  restricting  competition  in  the  EU  for 
communication  and  collaboration  products  and  that  Teams  may  be  granted  a  distribution 
advantage by not giving customers the choice whether to include access to Teams when they 
subscribe  to  Microsoft’s  productivity  suites.  Microsoft  may  also  have  limited  the 
interoperability between its productivity suites and competing offerings. 

Also in July 2023, the Commission cleared the acquisition of VMware by Broadcom, subject 
to conditions261. Broadcom is a supplier of hardware that offers, among other products, Fibre 
Channel  Host-Bus  Adapters  (FC  HBAs).  VMware  is  a  software  supplier  offering  mainly 
virtualization software. The Commission carried out an in-depth investigation over concerns 
that  Broadcom  could  foreclose  Marvell,  by  restricting  or  degrading  the  interoperability 
between  VMware’s  virtualization  software  and  Marvell’s  hardware.  To  address  the 
competition concerns, Broadcom offered access and interoperability remedies with a 10-year 
duration. The Commission concluded that the transaction, as modified by the remedies, would 
no longer raise competition concerns. 

On  18  December  2023,  Adobe  and  Figma  announced  the  termination  of  their  agreement 
according to which Adobe intended to acquire sole control over Figma262. The abandonment 
follows  the  findings  of  the  Commission's  in-depth  investigation  and  the  sending  of  a 
Statement of Objections on 17 November 2023. Before, on 7 August 2023, the Commission 
opened an in-depth investigation over the proposed acquisition of Figma by Adobe263. Adobe 
is  a global software company offering, among  others,  vector editing  tools and raster editing 
tools  (e.g.,  Illustrator  and  Photoshop)  and  an  interactive  product  design  tool  (Adobe  XD). 
Figma is a provider of a web-based collaborative tool for interactive product design (Figma 
Design) as well as a whiteboarding tool. The Commission  was concerned that the operation 
may restrict competition in the global markets for: (i) the supply of interactive product design 
tools; (ii) the supply of vector editing tools; and (iii) the supply of raster editing tools. 

260 Case AT.40721, Microsoft Teams, see : https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3991  
261 Case M.10806, Broadcom/VMware. 
262 Case M.11033, Adobe/Figma, see: 
https://ec.europa.eu/commission/presscorner/detail/en/statement_23_6715  
263 Case M.11033, Adobe/Figma, see: https://ec.europa.eu/commission/presscorner/detail/en/IP_23_4082  

57 

 
 
2.2.3. Electronic communications sector 

Infrastructure-sharing  agreements  between  mobile  telephony  operators  can  be  a  source  of 
efficiencies. However, this type of agreements can also restrict competition, because they may 
limit infrastructure competition. The revised Guidelines on horizontal cooperation agreements 
adopted  on  1  June  2023  include  a  new  section  on  the  assessment  of  mobile  infrastructure 
sharing agreements264. 

In  July  2022,  following  its  investigation  into  infrastructure-sharing  agreements  between  the 
two largest mobile telephony operators in Czechia O2/CETIN and T-Mobile, the Commission 
adopted  a  Commitments  Decision  making  legally  binding  the  commitments  offered  by  the 
parties, as well as their parent companies, Deutsche Telekom and PPF Group265. In 2023, the 
Commission  monitored  the  undertakings’  compliance  with  the  commitments  through 
exchanges with and regular reports from the appointed Monitoring Trustee. 

In September 2023, the Commission adopted a decision  re-imposing on Intel a fine of EUR 
376.36 million for anti-competitive practices in the market for computer chips after the partial 
annulment of the initial decision of 13 May 2009 by the General Court in 2022266. In 2009, 
the Commission  imposed on  Intel a fine of  EUR 1.06 billion  for  an  infringement  of Article 
102 TFEU. Intel was found to have engaged in: (i) conditional rebates: Intel granted wholly or 
partially  hidden  rebates  to  computer  manufacturers  on  condition  that  they  bought  all,  or 
almost  all,  their  x86  central  processing  units  (x86  CPUs)  from  Intel,  and  (ii)  naked 
restrictions: Intel made direct payments to computer manufacturers to stop or delay the launch 
of  specific  products  containing  competitors'  x86  CPUs.  Following  the  judicial  proceedings 
before the EU courts, the unlawfulness of the naked restrictions was confirmed while the part 
of  the  2009  Decision  on  the  conditional  rebates  was  annulled  together  with  the  fine  in  its 
entirety. The new decision imposes a fine only in relation to the naked restrictions. 

With respect to mergers, on 20 March 2023, the Commission cleared the acquisition of VOO 
and  Brutélé  by  Orange,  subject  to  conditions267.  Orange  provides  retail  mobile  and  fixed 
telecommunication services in Belgium, and VOO and Brutélé are leading providers of retail 
fixed and mobile telecommunication services in Belgium. The Commission carried out an in-
depth  investigation  over  concerns  that  the  proposed  transaction  would,  in  certain  areas  of 
Belgium: (i) reduce the number of operators from three to two; (ii) reduce competition in the 
retail markets for the supply of fixed internet services, audio-visual services and multiple-play 
bundles;  and  (iii)  increase  the  likelihood  of  coordination  on  the  affected  retail  markets 
between  the  remaining  operators.  To  address  these  competition  concerns,  Orange  offered 
remedies  with  a  10-year  duration  which  consist  of  giving  Telenet  access  to:  (i)  the  existing 
fixed network infrastructure it is acquiring from VOO and Brutélé in the Walloon region and 
parts of Brussels; and (ii) Orange's future fibre-to-the-Premises network, which it plans to roll 
out  in  the  coming  years,  which  will  make  the  commitments  future  proof.  The  Commission 

264 See Part I, Section 1.1.1. 
265 Case AT.40305, Network sharing - Czech Republic, see: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_4463   
266 Case AT. 37990, Intel, see: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_4570 
267 Case M.10663, Orange/VOO/Brutélé.  

58 

 
 
concluded  that  the  transaction,  as  modified  by  the  remedies,  would  no  longer  raise 
competition concerns. 

On 3 April 2023, the Commission opened an in-depth investigation into the proposed creation 
of  a  joint  venture  by  Orange  and  MasMovil268.  Orange  is  a  global  telecommunications 
operator  active  in  the  Spanish  telecommunications  market.  MasMovil,  based  in  Spain, 
provides  fixed  and  mobile  telecommunications  services  mainly  to  residential  customers  in 
Spain.  The  Commission  is  concerned  that  the  transaction  would  harm  competition  in  the 
Spanish  markets  for  the  retail  supply  of:  (i)  mobile  telecommunications  services;  (ii)  fixed 
broadband access services; and (iii) multiple-play bundles, including fixed mobile convergent 
services. 

In August 2023, the Commission asserted its jurisdiction to assess the proposed acquisition of 
Autotalks  by  Qualcomm, 
two  major  suppliers  of  (vehicles-to-everything  (‘V2X’)) 
communications  semiconductors  in  the  EEA,  following  the  referral  request  from  several 
Member  States.  This  was  the  second  time  that  the  Commission  applied  its  recalibrated 
approach to merger referrals under Article 22 EUMR. In line with the Article 22 Guidance269, 
this transaction, which was not notifiable in any Member State, reached the Commission after 
it  had  invited  Member  States  to  make  a  referral  request.  The  Commission  accepted 
accordingly the initial referral requests submitted by Belgium, France, Italy, the Netherlands, 
Poland,  Spain  and  Sweden  pursuant  to  Article  22(1)  EUMR.  Subsequently,  Czechia, 
Denmark,  Finland,  Ireland,  Luxembourg,  Portugal,  Romania  and  Slovakia  joined  the  initial 
referral  requests.  The  Commission  is  now  assessing  how  the  combination  of  two  of  the 
leading suppliers of V2X semiconductors in the EEA, a technology that is key to improving 
road safety, traffic management and reducing CO2 emissions as well as for the deployment of 
autonomous vehicles, could affect competition within the territory of the Member States that 
made the referral requests. 

Given  the  importance  of  investment  in  both  fibre  and  5G  infrastructure,  the  Commission 
continued in 2023 to monitor market developments in the electronic communications sector as 
well  as  national  funding  measures  supporting  their  deployment.  Market  developments  were 
also  monitored  in  the  field  of  standard  essential  patents  (SEPs)  to  ensure  that  there  is  no 
foreclosure of competitors or reduction of innovation by competing companies. 

2.2.4. Media 

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

On 15 May 2023, the Commission cleared the acquisition of Activision Blizzard by Microsoft, 
subject to conditions270. Activision Blizzard publishes and distributes video games, including 
the  popular  Call  of  Duty.  Microsoft  is  a  technology  company  that  publishes  and  distributes 

268 Case M. 10896, Orange/Masmovil/JV, see: https://ec.europa.eu/commission/presscorner/detail/sl/ip_23_2101   
269 Communication from the European Commission on the application of the referral mechanism set out in 
Article 22 of the Merger Regulation to certain categories of cases of 26.3.2021 C(2021) 1959 final. 
270 Case M.10646, Microsoft/Activision Blizzard. 

59 

 
 
video games. It also offers the Xbox gaming console and related services, and the Windows 
PC  operating  system.  The  Commission  carried  out  an  in-depth  investigation  over  concerns 
that Microsoft could harm competition in the distribution of games via cloud game streaming 
services and that its position in the market for PC operating systems would be strengthened. 
To  address  these  competition  concerns,  Microsoft  offered  license  commitments  with  a  10-
year  duration.  These  remedies  consist  of:  (i)  a  free  license  to  consumers  in  the  EEA  that 
would allow them to stream, via any cloud game streaming services of their choice, all current 
and future Activision Blizzard PC and console games for which they have a license; and (ii) a 
corresponding  free  license  to  cloud  game  streaming  service  providers  to  allow  EEA-based 
gamers  to  stream  any  Activision  Blizzard's  PC  and  console  games.  The  Commission 
concluded  that  the  transaction,  as  modified  by  the  remedies,  would  no  longer  raise 
competition concerns. 

Furthermore,  on  9  June  2023,  the  Commission  cleared  the  acquisition  of  Lagardère  by 
Vivendi,  subject  to  conditions271.  Vivendi  and  Lagardère  are  two  large  French  multi-media 
groups.  The  Commission  carried  out  an  in-depth  investigation  over  concerns  that  the 
transaction would harm competition in: (i) book publishing, especially on the markets for the 
purchasing  of  authors' rights  for French-language books  and the distribution, marketing and 
sales  of  French-language  books  to  retailers;  and  (ii)  press  magazines.  To  address  these 
competition  concerns,  Vivendi  offered  remedies  which  consist  of  the  full  divestment  of:  (i) 
Vivendi's publishing business, Editis and its entities, including well-known publishers such as 
Robert  Laffont,  Nathan,  Le  Robert  and  Pocket;  and  (ii)  Vivendi's  celebrity  press  magazine 
Gala published in France. The Commission concluded that the transaction, as modified by the 
remedies, would no longer raise competition concerns. 

Moreover, the Commission also dealt in 2023 with several State aid cases in the news media 
sector,  to  help  the  sector  recover  from  the  crisis  and  maintain  a  healthy  competitive 
environment.  Particular  attention  was  paid  to  the  fact  that  media  play  a  key  role  for 
democracy,  where  support  is  provided  in  a  way  that  respects  and  promotes  quality 
independent  journalism,  media  freedom  and  pluralism272.  In  this  context,  the  Commission 
approved a scheme aimed at fostering the digital transformation and technological innovation 
of the media industry273. In addition, the Commission approved aid to film production274 and 
videogames production275 where appropriate to sustain the cultural diversity of the EU in the 
audio-visual sector. 

2.2.5. Facilitating the Digital Transition 

Performant, reliable and secure electronic communications networks are essential enablers for 

271 Case M.10433, Vivendi/Lagardère. 
272 See, inter alia, Case SA.104446, Denmark - Reintroduction of aid to production and innovation aid to written 
media; Case SA.106115, Italy – Aid for newspaper and periodical publishers;  Case SA.106019, Sweden - 
Media aid scheme.  
273 Case SA.106114, Italy – Aid for digital transformation of broadcasters, publishers and press agencies.  
274 See, inter alia, Case SA.105988, Spain – Spanish tax deduction for cinematographic and audio-visual 
productions – modification.  
275 See, inter alia, Case SA.109683 - Denmark - Prolongation of scheme for the development, production and 
promotion of cultural and educational digital games. 

60 

 
 
the digital transformation of the EU. They are a crucial factor to bridge the digital divide and 
ensure  social  cohesion  as  well  as  a  competitive  and  sustainable  economy.  State  aid  control 
plays an important role in the development of a coordinated investment strategy across the EU 
and in reaching the digital goals set out in the Digital Decade Policy Programme276. 

Following the review of the 2013 Guidelines for the application of State aid rules in relation 
to  the  rapid  deployment  of  broadband  networks,  the  new  Guidelines  on  State  aid  for 
broadband networks were adopted on 12 December 2022 and entered into force on 31 January 
2023277. The new guidelines are aligned to the latest market and technological developments. 
The  key  updates  include:  (i)  a  threshold  for  public  support  to  fixed  networks  set  at  1  Gbps 
download  and  150  Mbps  upload  speeds  under  peak  time  conditions;  (ii)  conditions  to 
determine  if  a  public  investment  can  take  place  in  areas  where  two  ultrafast  networks  are 
already  present;  (iii)  a  new  assessment  framework  for  the  deployment  of  mobile  (including 
5G) network and backhaul networks, as well as demand-side measures; and (iv) simplification 
and clarification of certain rules, including wholesale access obligations and mapping.  

In 2023, State aid control also facilitated the implementation of measures under the RRF278. 
For  instance,  the  Commission  approved  schemes  to  support  the  deployment  of  high-
performing  –  fixed  (in  Portugal)279  or  mobile  (in  Spain)280  –  networks,  funded  by  the  RRF 
and/or national financing. In particular, the Commission approved a EUR 680 million Spanish 
scheme, funded under the RRF, to roll out equipment and infrastructure for high-performing 
5G standalone networks in underserved rural areas.  

2.3 Digital Markets Act 

The Digital Markets Act (DMA) is an internal market legislation harmonising the obligations 
of so-called gatekeepers across the EU. It contributes to a well-functioning Single Market by 
laying down rules ensuring contestability and fairness in digital markets and complements the 
competition  policy  toolbox.  The  DMA  became  applicable  in  May  2023.  The  Commission 
(with  DG  Competition  and  DG  Communications  Networks,  Content  and  Technology  (DG 
CNECT) in the lead) is the central enforcer of the DMA but works in close cooperation with 
the NCAs within the ECN in accordance with Articles 37 and 38 of the DMA. The rules in 
the DMA are without prejudice to the enforcement of the EU competition rules and national 
competition  rules  for  unilateral  conduct.  In  April  2023, 
the  Commission  adopted 
implementing  rules  making  detailed  arrangements  for  the  conduct  of  certain  proceedings 

276 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing 
the Digital Decade Policy Programme 2030. 
277 Communication from the Commission ‘Guidelines on State aid for broadband networks’, OJ C 36, 31.1.2023, 
p.1.  
278 To facilitate the Member States’ State aid assessment, the Commission provided guidance in the form of a 
template on measures to support the deployment and take-up of fixed and mobile networks, 
see:https://competition-policy.ec.europa.eu/system/files/2021-
12/template_RRF_broadband_roll_out_and_demand_side_measures.pdf  
279 Case SA.105187, – Portugal – Deployment of fixed access networks. 
280 Case SA.104933, Spain – RRF – Spain – Support for 5G equipment and infrastructure, Commission Decision 
of 21.07.2023, modified through Case SA.108821 – Spain – Modification of the measure “RRF – Support for 5G 
equipment and infrastructure”, Commission Decision of 9.10.2023.  

61 

 
 
under the DMA281. A full report of the activities undertaken by the European Commission in 
the context of the DMA in 2023 is published in parallel to this report, as foreseen in Article 
35 DMA. 

The Digital Markets Act  
The DMA addresses systemic practices arising in digital markets due to the ‘gatekeeper’ power of large digital 
platforms. The DMA establishes criteria for identifying and designating gatekeepers. Where a platform provider 
meets the quantitative thresholds regarding (i) its size, (ii) its number of active business users and end users, and 
(iii) its entrenched and durable position, it will be designated as a gatekeeper. The Commission will also be able 
to designate gatekeepers that do not meet these thresholds upon qualitative assessment. Designated gatekeepers 
will  be  obliged  to  comply  with  a  set  of  rules,  which  aim  at  keeping  core  platform  services  contestable  and 
prevent unfair conduct vis-à-vis their users. Gatekeepers must comply with these obligations within six months 
upon designation as a gatekeeper. If a gatekeeper fails to comply with the obligations, fines of up to 10% of the 
company’s  worldwide  turnover  may  be  imposed.  In  case  of  systematic  non-compliance,  higher  fines  and 
proportionate behavioural or structural remedies may be imposed on such companies. 

The DMA entered into force on 1 November 2022 and has been applicable since 2 May 2023. 3 July 2023 was 
the deadline for potential gatekeepers to notify to the Commission if they met the gatekeeper thresholds. By the 
end of the deadline, the Commission received  notifications from Alphabet, Amazon, Apple, ByteDance, Meta, 
Microsoft  and  Samsung.  On  5  September  2023,  the  Commission  designated  six  gatekeepers  –  Alphabet, 
Amazon, Apple, ByteDance, Meta,  and  Microsoft.  In total, 22 core platform services provided by gatekeepers 
were  designated.  The  designated  gatekeepers  have  six  months  (until  7  March 2024)  to  ensure  full  compliance 
with the DMA obligations for each of their designated core platform services.  

In  parallel,  on  5  September  2023,  the  Commission  opened  four  market  investigations  to  further  assess 
Microsoft’s and Apple’s  submissions that, despite meeting the thresholds, some of their core platform services 
do not qualify as gateways (for Microsoft: Bing, Edge and Microsoft Advertising; and for Apple: iMessage). The 
Commission strives to conclude the investigations by February 2024. 

In addition, the Commission opened a market investigation to further assess whether Apple should be designated 
as a gatekeeper in relation to its operating system iPadOS, despite not meeting the thresholds. Under the DMA, 
this investigation should be completed within twelve months. 

On  15  and  16  November  2023,  three  of  the  six  gatekeepers  designated  in  September  2023  (Apple282, 
ByteDance283  and  Meta284)  filed  appeals  against  their  respective  designation  decisions.  In  addition,  Apple 
challenged the opening of the market investigation into iMessage285. Finally, ByteDance also applied for interim 
measures. 

3. 

FINANCIAL SERVICES 

3.1. Overview of key challenges in the sector 

After more than a decade of low interest rates, 2022-2023 was marked by a sharp increase of 
interest  rates  to  address  the  inflationary  pressure  that  has  swept  over  the  EU  since  the 
COVID-19  pandemic  started  and  was  exacerbated  by  Russia's  war  of  aggression  against 

281  Commission  Implementing  Regulation  (EU)  2023/814  of  14  April  2023  on  detailed  arrangements  for  the 
conduct  of  certain  proceedings  by  the  Commission  pursuant  to  Regulation  (EU)  2022/1925  of  the  European 
Parliament and of the Council, OJ L 102, 17.4.2023, p. 6. 
282 Case T-1080/23, Apple/Commission. 
283 Case T-1077/23, ByteDance/Commission. 
284 Case T-1078/23, Meta Platforms/Commission. 
285 Case T-1079/23, Apple/Commission. 

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Ukraine. By raising the cost of credit, central banks try to cool off demand to reduce inflation. 
Rising  interest  rates  may  be  beneficial  for  banks  because  they  are  given  the  opportunity  to 
increase  the  interest  rate  ‘spread’  between  lending  and  borrowing  to  return  to  profitability. 
The  overall  macro-economic  outlook  is  currently  uncertain.  Rising  interest  rates  may  mean 
that weaker borrowers find it more difficult to pay off their debts. Their access to financing 
may also be curtailed. This, in turn, could lead to credit losses for banks, and could affect the 
resilience of weaker banks. Combined with high interest rate environment, this could lead to 
an increase of non-performing  loans,  with  negative effects on the  ‘quality’  of a  bank’s loan 
portfolios. 

The financial services sector is changing rapidly. Digitalisation and the fact that certain firms 
operating digital platforms now have the ability to leverage the enormous volumes of data in 
their possession, have fundamentally changed most financial services markets. These markets 
are  characterised  by  rapid  technological  innovation  and  strong  network  effects.  As  a  result, 
distortions  of  competition  by  companies  or  Member  States  can  have  particularly  severe 
effects, for example by preventing market entry by innovative competitors or pushing them to 
exit the market. In 2023, the Commission monitored market developments for crypto-assets, 
digital wallets, cryptocurrency-related payments, and other types of money transfers. 

The  increasing  importance  of  data  possession  and  digitalisation  is  reflected  in  the  wave  of 
corporate  acquisitions  aimed  at  acquiring  data,  building  data  analytics  competencies  and 
moving certain data processing activities to the ‘cloud’. In the insurance sector, the use of Big 
Data  for  risk  and  damage  calculations,  digitalisation  and  automation  play  a  crucial  role. 
Access  to  data  is  now  at  the  heart  of  FinTechs’  business  models.  The  Commission’s  Open 
Finance  initiative286  contributes  to  expanding  the  range  of  data  and  data  pools  available.  It 
does so by making it easier for regulated third parties to access customer financial data in a 
transparent and non-discriminatory manner, subject to customer permission. 

The  transition  to  a  more  sustainable  and  decarbonised  EU  economy  influences  market 
developments  also  in  the  financial  services  sector.  An  increasing  number  of  financial 
institutions,  including  banks,  insurers,  as  well  as  asset  owners/managers  have  committed  to 
net-zero initiatives  and the joint  setting  of  CO2  emission targets.  In parallel,  the market  for 
environmental, social and corporate governance data (ESG data) is growing rapidly. 

3.2. Contribution of EU competition policy to tackling the challenges 

EU competition policy and enforcement contribute to more resilient and competitive financial 
services  markets  by  safeguarding  and  nurturing  competition  on  fair  and  equal  terms. 
Competitive  markets  benefit  consumers  and  stimulate  the  creation  of  innovative  business 
models  and  financial  services.  In  2023,  the  Commission  investigated  market  consolidation, 
anti-competitive  unilateral  conduct,  and  coordination  between  competing  firms.  The 
Commission also reviewed State aid granted to banks and other financial institutions with a 
view to minimising possible distortive effects in the Single Market. 

286 Proposal for a Regulation of the European Parliament and of the Council on a framework for Financial Data 
Access  and  amending  Regulations  (EU)  No  1093/2010,  (EU)  No  1094/2010,  (EU)  No  1095/2010  and  (EU) 
2022/2554 (COM/2023/360 final). 

63 

 
 
3.2.1. Contribution of EU competition policy to innovation in payments 

In  2023,  the  Commission  continued  to  monitor  the  application  of  the  Interchange  Fee 
Regulation  (IFR)287.  An  external  study  was  finalised  in  December  2023.  It  covers 
developments in card-based payment markets related to the application of the IFR. The study 
examined market trends, including innovative digital solutions such as mobile wallets relying 
on payment cards. The study also analysed developments in Merchant Service Charges288. 

In June 2023, the Commission published a call for tender for a study on competition in online 
payment  services.  By  collecting  and  providing  analyses  of  competitive  constraints  and 
practices and the impact of ‘Big Tech’289 payment solutions in the EU, the study will facilitate 
antitrust enforcement in markets for online payment services. 

3.2.2. Antitrust enforcement in the financial services sector 

In  2023,  the  Commission  continued  its  investigation  into  Apple’s  conduct  in  the  market  for 
mobile  payment  services  (‘mobile  wallets’).  In  a  2022  Statement  of  Objections290,  the 
Commission  preliminarily  concluded  that  Apple  restricted  competition  by  abusing  its 
dominant  position  in  the  mobile  wallet  market  on  iOS  devices.  Apple  limited  access  to  the 
Near Field Communication (NFC) functionality291 on iPhones for payments in retail outlets. 
Reserving  access  to  Apple  Pay  in  this  manner,  may  have  an  exclusionary  effect  on 
competitors  and  may  result  in  less  innovation  and  less  choice  for  consumers  for  mobile 
wallets on iPhones.  

Furthermore,  on  16  February  2023,  the  Commission  closed  its  preliminary  investigation 
regarding  potential  access  restrictions  generated  by  Visa’s  policies  regarding  staged  digital 
wallets. The investigation was closed following a joint confirmation by Visa and Curve, that 
the two parties had settled their antitrust dispute. An update to the Visa rules in January 2023 
allows  Curve  to  use  its  two  stage,  live-load  card  fronted  transaction  model  in  the  EU  and 
United Kingdom.  

On 17 July 2023 the Commission closed its preliminary investigation regarding the conduct 
of  the  provider  of  VAT  Refund  services  Global  Blue.  The  Commission  examined  whether 
Global  Blue  would  seek  to  foreclose  competing  providers  of  innovative  customer  centered 
VAT  Refund  services,  by  discouraging  merchants  from  dealing  with  such  providers  and  by 
lobbying regulators to block their business model. 

287 Regulation (EU) 2015/751 of the European Parliament and of the Council of 29.4.2015 on interchange fees 
for card-based payment transactions, OJ L 123, 19.5.2015, p. 1. 
288  Merchant  Service  Charges  (MSC)  are  fees  paid  by  merchants  for  services  of  card  acquirers,  enabling  the 
merchant to receive payments from payment cards. The MSC is the sum of the interchange fee, the acquirer’s 
scheme fee and the acquiring margin (covering the costs and profit of the acquirer). 
289  BigTechs  are  large,  established  technology  companies  with  non-financial  core  businesses,  such  as  social 
media  platforms  or  search  engines.  The  largest  ten  BigTechs  by  market  capitalisation  now  all  offer  payment 
services. 
290 Case AT.40452, Apple – Mobile payments. 
291 The NFC ‘tap and go' technology enables communication between a mobile phone and payments terminals in 
stores.  NFC  is  standardised,  available  in  almost  all  payment  terminals  in  stores  and  allows  for  the  safest  and 
most seamless mobile payments. 

64 

 
 
 
 
The Commission also continued in 2023 monitoring the commitments made binding on Visa 
and Mastercard as regards interchange fees for inter regional card transactions292. 

In November 2023, the Commission also adopted a prohibition decision in the bond trading 
sector  against  a  cartel  concerning  the  trading  of  Euro-denominated  SSA  bonds  and 
Government Guaranteed bonds in the EEA293.  

In  travel  health  insurance  services,  the  Commission  investigated  an  alleged  breach  of 
competition  law  by  Czechia.  The  complainant  claimed  that  the  legislation  conferring  to  a 
public  undertaking  the  exclusive  right  to  operate  in  the  Czech  market  for  travel  health 
insurance  services  for  foreigners  could  constitute  a  breach  of  Article  102  TFEU  in 
conjunction  with  Article  106  TFEU.  The  exclusive  right  granted  by  the  State  excluded 
competing  insurance  providers.  DG  Competition’s  antitrust  investigation  was  closely  co-
ordinated with the parallel investigation of the DG for Financial Stability, Financial Services 
and  Capital  Markets  Union  (DG  FISMA).  In  July  2023,  the  Commission  issued  a  Letter  of 
Formal Notice to Czechia concluding that the Czech law infringed Article 56 TFEU and the 
Solvency  II  Directive294.  Following  the  Commission’s  intervention,  Czechia  amended  the 
legislation by abolishing the exclusive right of the public undertaking. 

In  retail  banking,  the  Commission  -  in  cooperation  with  EU  NCAs  -  closely  monitored  the 
stickiness  of  deposit  rates  in  banks  in  several  Member  States.  Depositors  complained  that 
banks were quick to raise interest rates while being slow to increase interest rates for savings 
accounts.  The  Commission  and  the  NCAs  remained  vigilant  throughout  2023  to  detect  and 
address at an early stage potential antitrust concerns. 

In  motor  insurance,  the  Commission  continued  in  2023  to  monitor  the  commitments  made 
binding on Insurance Ireland concerning competitor access to its data sharing system295. As a 
result of these commitments, new companies were granted access to Insurance Ireland and to 
the data sharing system. The commitments apply until 2032. 

In the area of licencing inputs for trading credit default swaps, the Commission continued in 
2023 to monitor compliance of the International Swaps and Derivatives Association and the 
provider  of  commodity  and  financial  data,  IHS  Markit  (now  part  of  S&P  Global)  with  the 
commitments made binding on them in 2016296. 

3.2.3. Merger enforcement in the financial services sector 

In  2023,  the  Commission  reviewed  proposed  mergers  in  multiple  markets,  including  the 
banking,  insurance,  and  payment  services  sectors  as  well  as  other  specialised  financial 
services. 

292 See: https://ec.europa.eu/commission/presscorner/detail/en/IP_19_2311  
293 See above Part I, Section 1.4. 
294 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up 
and pursuit of the business of Insurance and Reinsurance (Solvency II) (recast) OJ L 335, 17.12.2009. 
295 Case AT.40511, Insurance Ireland: Insurance claims database and conditions of access. 
296 Case AT 39745, CDS Information Market. 

65 

 
 
 
In  May  2023,  the  Commission  unconditionally  approved  the  merger  between  Credit  Suisse 
and UBS297. Based on its market investigation, the Commission found that the merger would 
not significantly reduce competition in the markets where the parties’ activities overlap within 
the  EEA.  The  Commission’s  investigation  followed  a  Commission  decision  in  April  2023 
granting  the  parties  a  derogation  from  the  standstill  obligation  which  requires  merging 
companies  not  to  implement  a  merger  until  it  has  been  cleared  by  the  Commission. 
Considering  the  financial  difficulties  faced  by  Credit  Suisse  and  the  consequent  risk  for 
financial instability, the parties requested the derogation to allow UBS to implement  certain 
defined measures, including closing the transaction. The Commission found  that the risk for 
systemic harm to the banking sector caused by the early closing outweighed potential threats 
to competition resulting from it. 

In 2023, the Commission monitored mergers in the financial services industry, with a view to 
find  transactions  that  could  warrant  a  referral  to  the  Commission  pursuant  to  Article  22 
EUMR. 

In August 2023, the Commission accepted the requests submitted by three Member States and 
one EFTA Country  to  assess the proposed acquisition  of  Nasdaq's  European power trading 
and  clearing  business  by  European  Energy  Exchange  AG  (EEX)  under  the  EUMR298.  The 
Commission  considered  that  the  transaction  met  the  criteria  for  referral  under  Article  22 
EUMR. In particular, the transaction appeared to combine the only two providers of services 
facilitating the on-exchange trading and subsequent clearing of Nordic power contracts. Such 
services  allow  long-term  energy  contracts  with  set  future  prices  and  are  therefore  key  for 
more stable and predictable energy prices.  It is crucial to conserve a strong and competitive 
trading  and  clearing  ecosystem  to  support  the  smooth  functioning  of  energy  markets, 
especially in the current context of energy crisis. The Commission’s investigation is ongoing.   

3.2.4. State aid investigations in the financial services sector 

In  October  2022,  the  Commission  approved  aid  to  support  the  resolution  of  Getin  Noble 
Bank299, one of the ten largest Polish banks - in line with the rules on State aid to banks in the 
context of the financial crisis. According to the resolution plan, the main assets and liabilities 
of  the  bank  were  transferred  to  a  newly  created  bridge  bank.  The  State  aid  measures  were 
aimed  at  enabling  a  prompt  sale  of  the  bridge  bank  in  an  open,  transparent  and  non-
discriminatory sales process, while preserving both financial stability and a level playing field 
in the Single Market.  Existing shareholders and subordinated debt holders contributed to the 
resolution costs, reducing the need for intervention by the Polish Resolution Fund, in line with 
burden-sharing  principles.  In  November  2023,  the  Commission  approved  an  amendment  to 
the  support  measures  approved  in  2022  in  order  to  facilitate  the  ongoing  sale  process  and 
maximise  the  recovery  value  for  the  Polish  Resolution  Fund  by  carving  out  a  portfolio  of 
impaired assets300. 

297 Case M.11111, UBS/Credit Suisse.  
298 Case M.11241, EEX/NASDAQ POWER. 
299 Case SA.100687, Poland - Liquidation aid to Getin Noble Bank S.A. in resolution. 
300 Case SA.109418, Poland - Amendment to the liquidation aid to Getin Noble S.A. in resolution (SA.100687). 

66 

 
 
 
In  2023,  the  Commission  also  authorised  the  prolongation  of  certain  existing  State  aid 
schemes  under  which  Member  States  can  provide  aid  to  foster  the  restructuring  or  orderly 
market  exit of  entities in  distress  in  case of  need. For instance, for  Poland, the Commission 
authorised the extension of both the scheme for the liquidation of credit unions (in place since 
February  2014)301  and  the  scheme  for  the  resolution  of  cooperative  and  small  commercial 
banks (in place since December 2016)302. As regards Ireland, the Commission authorised two 
prolongations of the restructuring scheme  for credit unions (in place since October 2014)303 
and  the  extension  of  the  orderly  winding-up  scheme  for  credit  unions  (in  place  since 
December  2011)304.  For  Denmark,  the  Commission  approved  the  second  re-introduction  of 
the winding-up scheme for small banks305. 

On  6  July  2023,  the  Commission  approved  an  amendment  to  the  liquidation  aid  for  the 
orderly market exit of Cyprus Cooperative Bank (CCB)306. The amendment allows Kedipes - 
the residual entity of CCB - to operate the mortgage-to-rent scheme aimed at protecting the 
primary residences of socially vulnerable debtors who have been unable to service their debts. 
The dedicated subsidiary of Kedipes will operate the scheme: it will purchase the properties 
of  those  vulnerable  debtors  from  financial  institutions  and  rent  them  back  to  the  debtors, 
while the State will subsidize the rent. Ultimately, the debtors will have the possibility to re-
purchase the property. The scheme will also help banks reduce their stock of non-performing 
loans. 

On  28  November  2023,  the  Commission  also  approved  the  re-introduction  of  Hercules,  an 
asset  protection  scheme  in  Greece307.  The  scheme  was  first  approved  in  October  2019,  and 
after a prolongation expired in October 2022. The re-introduced scheme will be in place until 
end of 2024 and it will assist banks in securitising and moving non-performing loans off their 
balance  sheets.  Under  the  scheme,  a  separate  private  securitisation  vehicle  will  buy  non-
performing loans from the banks and sell notes to investors. Greece facilitates the process by 
granting  guarantees  on  the  senior  tranche  of  those  notes,  in  exchange  for  market  conform 
remuneration. 

On  21  September  2023,  the  Commission  adopted  a  new  decision  on  the  FITD  (Deposit 
Guarantee  Scheme)  measures  to  support  Banca  Tercas308.  This  new  decision  follows  the 

301 Case SA.108852, Poland – Thirteenth prolongation of the Credit Unions Orderly Liquidation Scheme.  
302 Case SA.108989, Poland - Eighth prolongation of the resolution scheme for cooperative banks and small 
commercial banks and amendment of the offered commitments. 
303 Case SA.106983, Ireland - 17th Prolongation of the Restructuring and Stabilisation Scheme for the Credit 
Union Sector; Case SA.109639, Ireland – 18th Prolongation of the Restructuring and Stabilisation Scheme for 
the Credit Union Sector.  
304 Case SA.107306, Ireland - 19th prolongation of the Credit Union Resolution Scheme 2023-2024. 
305 Case SA.106526, Denmark – Prolongation of the second re-introduction of the winding-up scheme for small 
banks.  
306 Case SA.107455, Cyprus - Third amendment to the liquidation aid for the orderly market exit of Cyprus 
Cooperative Bank (CCB) Ltd.  
307 Case SA.109635, Greece - Reintroduction of the Hercules scheme. 
308 Case SA.39451, Italy – Aid to Banca Tercas  

67 

 
 
annulment of the 2015 Commission Decision by the Court of Justice309. In its new decision, 
the  Commission  concluded,  based  on  the  criteria  set  out  by  the  Court  of  Justice,  that  the 
support granted by the FITD to Banca Tercas was not imputable to Italy and therefore did not 
constitute illegal State aid. 

In the field  of insurance, the Commission  approved  on 6  February 2023,  a EUR  1.5 billion 
French State Fund to support protection of travellers in the event of the  insolvency of travel 
organisers310. The Fund was considered necessary to ensure the consumers’ protection in the 
context of insufficient insurance offered by private insurance providers, following the severe 
impact of the COVID-19 pandemic on the tourism sector. 

In the field of risk finance, the revised Guidelines311, which entered into force on 1 January 
2022 and introduced simplified requirements for the assessment of schemes targeting SMEs 
and certain other non-large enterprises, were applied three times in 2023. Regarding Cyprus, 
in the context of the prolongation of a tax reduction for investments made by legal persons in 
innovative SME312; for France on the third amendment of the IR-PME scheme of income tax 
reduction  for  subscription  to  the  capital  of  SMEs313;  and  for  Germany,  on  the  prolongation 
and amendment of the incentive scheme for equity investments by private investors in small, 
young, and innovative companies314. 

Under  the  Short-term  export  credit  insurance  (STEC)  communication315,  the  Commission 
approved two schemes in Latvia: a prolongation of the existing scheme until end of 2023316; 
and  an  amendment  and  a  further  prolongation  of  the  scheme  until  end  of  2028.317  On  this 
basis, the public insurance in Latvia will be covering (i) export related risks incurred by SMEs 
with an export-related turnover of up to EUR 5 million, and (ii) single risks with a risk period 
of at least 121 days and up to two years, for all exporters regardless of their size. 

309 Judgment of the Court of Justice of 2.3.2021, in Case C-425/19 P, European Commission v Italian Republic 
and Others, EU:C:2021:154. 
310 SA.104022, France - State guarantee fund for travel operators. 
311  Communication  from  the  Commission,  Guidelines  on  State  aid  to  promote  risk  finance  investments,  OJ  C 
508, 16.12.2021, p. 1. 
312 Case SA.107886, Cyprus - Risk Finance: prolongation of the tax reduction for investments made by legal 
persons in innovative small and medium-sized enterprises. 
313 Case SA.104703, France – 3ème modification du dispositif IR-PME pour les investissements dans les FCPI et 
FIP. 
314 Case SA.105224, Germany - INVEST Scheme – Direct grants for risk capital investments – Prolongation and 
Amendment of the INVEST Guidelines. 
315  Communication  from  the  Commission  on  the  application  of  Article  107  and  108  of  the  Treaty  on  the 
Functioning  of  the  European  Union  to  short-term  export  credit  insurance,  C(2021)  8705  final,  OJ  C,  C/497, 
10.12.2021, p. 5. 
316 Case SA.104979, Latvia  - Amendment to SA.47233: Temporary  non-marketable risks  of short-term export-
credit guarantees provided by “Development finance institution Altum” in the Republic of Latvia. 
317 Case SA.105152, Latvia - Prolongation and amendment of short-term export credit scheme (SA.47233),  

68 

 
 
Regarding State aid in the form of public guarantees, the Commission adopted two decisions 
in 2023318 under the Guarantee Notice, in which it approved methodologies used to determine 
the market  conform guarantee premiums, which in turn serve as a reference to calculate the 
aid element included in public guarantees. 

Furthermore,  the  Commission  also  adopted  a  decision  concerning  the  remit  of  the  Danish 
national  development  bank,  ensuring  that  there  is  no  undue  competition  distortion  through 
safeguards  against  crowding  out  of  private  investors,  should  they  be  willing  to  finance  the 
target companies319. 

3.2.5. Evaluation of the State aid rules in the financial sector 

In  2023,  the  Commission  continued  its  evaluation  of  the  State  aid  rules  for  banks  to  assess 
how the rules have functioned and the role of State aid control in preserving financial stability 
in  the  EU  single  market  while  ensuring  a  level-playing  field  by  mitigating  competition 
distortions. In 2022, the Commission had carried out a public consultation and published the 
summary of the replies to this consultation on 11 October 2022320. An econometric analysis of 
State  aid  approved  in  the  period  2008-2022  was  carried  out  by  an  external  consultant.  The 
final  report was  submitted  to  the Commission  in  November 2023. This  analysis,  along  with 
the input received through the public consultation, will feed into a Staff Working Document 
(SWD) on the evaluation.  

In the ongoing evaluation of the Guarantee Notice321, the Commission published in February 
2023 a summary of replies and contributions to the public consultation on the effectiveness, 
efficiency, relevance, coherence, and added value of the Notice322. 

4. 

TAXATION AND STATE AID  

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

The  Commission  enforces  State  aid  rules  in  certain  fiscal  matters,  such  as  State  measures 
favouring  aggressive  tax  planning  practices  that  distort  or  threaten  to  distort  competition  as 
well as those leading to discriminatory treatment of companies. 

Direct taxation is a competence of the Member States. Outside the spheres in which EU tax 
law  has  been  harmonised,  Member  States  can  decide  on  their  own  how  to  tax  economic 
activities, which ones to tax, which rates to use, and which tax base to take into account. But 
Member  States’  fiscal  sovereignty  is  not  absolute:  this  competence  must  be  exercised  in 
accordance with  Union law, including  the State  aid  rules. The  recent  judgments of both  the 

318  Case  SA.109147  –  Slovakia  -  Calculation  of  aid  elements  in  the  provision  of  guarantees  to  SMEs;  Case 
SA.109413,  Denmark  -  Prolongation  and  amendment  of  calculation  method  for  Danish  guarantee  scheme 
(SA.60070). 
319 Case SA.105087, Denmark – Establishment of Denmark’s Export and Investment Fund. 
320 See: https://competition-policy.ec.europa.eu/public-consultations/2022-sa-banking-rules_en#policy-field  
321 Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of 
guarantees, OJ C 155, 20.6.2008, p. 10. 
322 See: https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13466-State-aid-rules-for-
assessing-State-guarantees-on-loans-evaluation_en  

69 

 
 
Court of Justice and the General Court have confirmed the Commission’s power to assess the 
existence of selective advantages in direct tax matters. 

In  the  context  of  fiscal  measures,  the  key  aspect  for  the  finding  of  State  aid  relates  to  the 
existence  of  a  selective  advantage,  with  a  particular  focus  on  the  selective  nature  of  the 
measure. It is for the Commission to assess whether fiscal measures selectively favour certain 
undertakings or certain sectors of activity323. However, the Court of Justice has clarified that, 
for the identification of the reference system (in direct taxation), the Commission must rely on 
national law324. 

Aggressive  tax  planning  strategies  can  take  a  variety  of  forms.  Companies  may  strike 
individual  ‘sweetheart  deals’  with  tax  authorities,  by  which  they  achieve  a  lower  level  of 
taxation  than  what  would  apply  to  other  taxpayers.  They  may  also  benefit  from  broader 
schemes  that  offer  fiscal  advantages  and  are  available  by  legislation  or  administrative 
practice.  Either  way,  such  practices  have  distortive  effects  on  the  internal  market,  as  they 
unduly  reinforce  the  competitive  position  of  certain  companies,  as  opposed  to  others.  They 
also  reduce  public  funding  that  would  otherwise  be  available  for  investments,  which  are 
particularly needed in the current context of Europe’s economic recovery. 

Whereas legislative initiatives have been launched and elaborated at global level and recently 
adopted  at  EU  level  to  address  aggressive  tax  planning325,  the  Commission’s  State  aid 
enforcement activities may also contribute to tackling tax base erosion and profit shifting, in 
particular  where  a  favourable  tax  treatment  is  granted  to  internationally  mobile  activities. 
Relevant  developments  took  place  in  the  case  law  of  the  EU  Courts  in  2023  as  discussed 
below. 

4.2. Contribution of EU competition policy to tackling the challenges 

In 2023, the Commission continued to enforce State aid rules in both direct and indirect tax 
matters, by assessing measures that can potentially involve State aid. 

4.2.1. State aid investigations and decisions concerning aggressive tax planning 

The Commission continued the investigation of pending cases on alleged aid granted by the 
Netherlands  to  Inter  Ikea326,  to  Starbucks327  and  to  Nike328,  as  well  as  on  alleged  State  aid 

323 See the Judgments of the Court of Justice of 4.6.2015 in Case C-15/14 P, Commission v MOL, 
EU:C:2015:362, and of 30.6. 2016 in Case C-270/15 P, Belgium v Commission, EU:C:2016:489.   
324 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. 
325 See for example Directive (EU) 2022/2523 of 15 December 2022 on ensuring a global minimum level of 
taxation for multinational enterprise groups and large-scale domestic groups in the Union, OJ L 328, 22.12.2022, 
p. 1. See also the Commission’s proposals for directives to simplify tax rules and reduce costs for cross-border 
businesses, including the BEFIT proposal (‘Business in Europe: Framework for Income Taxation’) and a 
proposal aimed at harmonising transfer pricing rules within the EU (see more information on 
https://ec.europa.eu/commission/presscorner/detail/en/ip_23_4405). 
326 Case SA.46470, Netherlands – Netherlands Potential aid to IKEA – NL, see: 
https://ec.europa.eu/commission/presscorner/detail/en/IP_17_5343  
327 The investigation was resumed in 2022 after the final decision was annulled by the General Court in Joined 
Cases  T-760/15,  T-636/16,  Kingdom  of 
the  Netherlands  and  Others  v  European  Commission, 
ECLI:EU:T:2019:669. 

70 

 
 
granted  by  Luxembourg  to  Huhtamäki329,  and  by  Gibraltar  to  the  Mead  Johnson  Nutrition 
group330.  

At the same time, the Commission continued its investigation into some Member States’ tax 
rulings legislation and practice. So far, the Commission has looked into more than a thousand 
rulings  and  continues  to  thoroughly  examine  the  information  put  forward  by  the  Member 
States. 

4.2.2. Important judgments in relation to aggressive tax planning 

In  2023,  the  EU  courts  rendered  several  important  judgments  in  relation  to  tax  aggressive 
planning.  

The Belgian Excess Profit cases 

In its judgments of 20 September 2023, the General Court confirmed the Commission Decision of January 2016 
that declared the Belgian practice of granting excess profit rulings an aid scheme that infringed the EU rules on 
State aid331. The Excess profit scheme relied on the consistent misapplication of a provision of Belgian tax law. 
While the General Court confirmed that that provision itself forms part of the reference framework, it concluded 
that the consistent misapplication of that provision must be considered a derogation from the reference system. 
The  exemption  of  excess  profits  under  that  scheme  was  therefore  not  provided  by  law  and  constituted  an 
advantage. The General Court agreed that the advantage was selective because it was only available to certain 
multinational  companies  eligible  under  the  scheme,  and  not  to  comparable  undertakings.  Since  there  was  no 
valid justification, the General Court agreed that the Excess profit scheme qualified as unlawful aid.  As regards 
the finding of a selective advantage, the Decision based its assessment on two separate lines of reasoning. Under 
the primary line of reasoning, the Decision argued that the excess profit exemption derogated from (misapplied) 
the ordinary Belgian corporate income tax system. Under the subsidiary line of reasoning, the Decision argued 
that  the  excess  profit  exemption  derogated  from  the  arm’s  length  principle.  The  General  Court  upheld  the 
Commission’s  primary  line  of  reasoning,  and  therefore  considered  it  not  necessary  to  examine  Belgium’s 
arguments on the subsidiary line of reasoning.  

Engie 

On  5  December  2023,  the  Court  of  Justice  set  aside  the  judgment  of  the  General  Court  and  annulled  the 
Commission  decision,  which  found  that  Luxembourg  had  granted  State  aid  to  the  Engie  group  in  connection 
with tax rulings on intra-group financing transactions332. The Court found that the Commission made errors in 
determining the reference system constituting the starting point for the comparative examination to be carried out 
in  the  assessment  of  the  selectivity  of  those  tax  measures.  In  the  Court’s  view,  the  reference  system  or  the 
‘normal’ tax regime, on the basis of which the selectivity of a tax ruling must be analysed, must, in the setting of 
the case, include the provisions laying down the exemptions which the national tax authorities considered to be 

– 

the 

Case 

Alleged 

SA.51284, 

Netherlands 

aid 
to 
investigation 

328 
https://ec.europa.eu/commission/presscorner/detail/en/IP_19_322.  State  aid: 
treatment of Nike (europa.eu) 
329 
SA.50400, 
Case 
https://ec.europa.eu/commission/presscorner/detail/en/IP_19_1591 
330 SA.34914, United Kingdom – Gibraltar Corporate Income Tax Regime. 
331 Judgments of the General Court of 20.9.2023 in  Case T-131/16 RENV, Belgium v Commission and 9 other 
cases and joined cases EU:T:2023:561 up to EU:T:2023:570. These judgments were appealed by a  number of 
beneficiaries of the scheme. 
332  Judgment  of  the  Court  of  Justice  of  5.12.2023,  in  Joined  cases  C-451/21  P  and  C-454/21  P,  Luxembourg, 
Engie v Commission, ECLI:EU:C:2023:948. 

Nike, 
into  Dutch 

Luxembourg 

Huhtamäki, 

see: 
tax 

see: 

– 

71 

 
 
 
 
applicable, where those provisions do not, in themselves, confer a selective advantage. The Court notes that the 
Commission  is  in  principle  required,  in  such  setting,  to  accept  the  interpretation  of provisions  of  national  law 
given by the Member State during an exchange of arguments, provided that that interpretation is compatible with 
the wording of those provisions.  

Amazon 

On 14 December 2023, the Court of Justice upheld the judgment of the General Court which had annulled the 
Commission decision of 2017 ordering recovery of State aid granted by the Luxembourg authorities to Amazon 
subsidiaries in the form of a tax ruling333. According to the Commission, the ruling artificially diminished the tax 
base of the subsidiary at stake and, ultimately, that of the Amazon group in Luxembourg and in Europe. 

In May 2021, the General Court held that the Commission had not demonstrated to the requisite legal standard 
that  the  Amazon  group  subsidiary  concerned  had  benefited  from  an  undue  reduction  in  its  tax  burden  and 
therefore annulled the Commission decision. 

In  its  judgment  rejecting  the appeal  brought by  the  Commission,  the  Court  of  Justice  considers  that  the  arm’s 
length principle has, at this stage,  no autonomous existence in EU law. The  Court considers therefore that the 
Commission may rely on this principle only if it is incorporated into the national tax law concerned. According 
to  the  Court,  this  principle  had  not  been  incorporated  in  national  law  in  Luxemburg  before  2017.  Likewise, 
contrary to the General Court’s finding, the Organisation for Economic Co-operation and Development (OECD) 
Guidelines on those transactions could be of practical importance in the case only if the Luxembourg tax system 
refer to them. The Court of Justice concluded therefore that the Commission had relied on an autonomous arm’s 
length principle and wrongly determined the ‘reference system’. 

4.2.3. Important cases in relation to tax schemes 

The recent case law confirms the method usually applied to assess selectivity in relation to tax 
measures, that is the so-called three-step test: (i) Determination of the reference system; (ii) 
Identification  of  a  derogation,  and  (iii)  Justification  by  the  logic  of  the  tax  system,  and 
continues  stressing  the  importance  of  appropriate  motivation  and  correct  definition  of  the 
reference framework as the existence of a selective advantage may be established only when 
compared with ‘normal’ taxation334. 

Amongst other issues, the General Court in its judgment of 27 September 2023 in the joined 
cases  Banco  Santander  and  Santusa  v  Commission335  questioned  the  relevance  of 
administrative guidance in determining the reference system for the selectivity assessment of 
a  Spanish  tax  measure.  According  to  the  General  Court,  the  correct  interpretation  of  the 
national  legal  provisions  in  question  establishing  the  measure  was  a  matter  for  the  national 
courts;  it  could  not  be  modified  by  mere  administrative  guidance  issued  by  the  tax 
administration, which is only binding on the tax administration itself.  

333 Judgment of the Court of Justice of 14.12.2023, in Case C-457/21 P, Commission v Amazon.com and Others, 
ECLI:EU:C:2023:985. 
334 See Judgments of the Court of 16.3.2021 in Cases C-562/19 P, Commission v Poland, EU:C:2021:201 and C-
596/19 P, Commission v Hungary, EU:C:2021:202; see also Judgments of the Court of 6.10.2021 in Case C-
50/19 P, Sigma Alimentos Exterior SL, EU:C:2021:792; Joined cases C-51/19 and C-64/19 P, World Duty Free 
Group SA and others v Commission, EU:C:2021:793; Case C-52/19 P, Banco Santander SA v Commission, 
EU:C:2021:794; Joined cases C-53/19 P and C-65/19 P, Banco Santander and Santusa v Commission, 
EU:C:2021:795. 
335 Judgment of the General Court of 27.9.2023 in Joined Cases T-12/15, T-158/15 and T-258/15 Banco 
Santander and Santusa v Commission, EU:T:2023:583. 

72 

 
 
 
Spanish Tax Lease  
On  2  February  2023,  the  Court  of  Justice  generally  upheld  –  but  also  annuled  in  part  –  the  Commission’s 
decision  concerning  the  application  of  the  Spanish  Tax  Lease  (STL)  system  to  certain  finance  lease 
agreements336.  In  the  decision  adopted  in  July  2013,  the  Commission  had  found  that  three  of  the  five  tax 
measures comprising the STL system were State aid, within the meaning of Article 107(1) TFEU, which took 
the form of a selective tax advantage and was partially incompatible with the internal market.  
In its judgment, the Court confirmed the selective nature of the STL system, as the Spanish tax administration 
enjoyed discretionary powers to select the beneficiaries of the scheme. Indeed, the Court of Justice recalled that a 
system  of  authorisation  may  involve  selectivity  where  the  competent  authority  has  a  broad  discretion  to 
determine  the  beneficiaries  and  pointed  out  in  particular,  the  imprecise  nature  of  the  criteria  relied  on  for  the 
authorization  and  the  lack  of  a  framework  for  their  interpretation.  The  Commission  therefore  did  not  have  to 
conduct the three-step test for the assessment of selectivity. 
However,  with  regard  to  the  recovery  of  the  aid  at  issue,  the  Court  found  that  the  Commission  had  erred  in 
designating the economic interest groups and their investors as sole beneficiaries of the scheme and in ordering 
recovery  of  the  full  amount  of  aid  solely  from  these  beneficiaries.  The  Court  considered  that,  under  contracts 
concluded  with  the  shipping  companies,  the  economic  interest  groups  were  obliged  to  transfer  part  of  the 
advantage to shipping companies and that these contracts were subject to the review of the fiscal administration.   
A number of applications for annulment in relation to the same Commission decision are still pending before the 
General Court - as only two of the 60 applications were selected by the General court and resulted in judgments 
by the General Court and the Court of Justice (on appeal). 

Spanish Goodwill III 
The  case  relates  to  a  corporate  income  tax  scheme  introduced  in  2002  allowing  the  tax  amortisation  of 
acquisitions of shares in foreign companies to the exclusion of domestic companies. The position of the Spanish 
tax administration at the time was to consider that the scope was limited to direct acquisitions, rejecting indirect 
transactions. The scheme was found to constitute illegal and incompatible aid in the 2009 (Goodwill I) and 2011 
(Goodwil  II)  negative  final  decisions.  Those  decisions,  which  acknowledged  the  existence  of  legitimate 
expectations, were upheld by the ECJ in 2021 landmark judgments (case C-51/19 P and others).   
In  2012,  Spain  issued  new  administrative  guidance  accepting indirect transactions  (carried  out  via  a  holding 
company), but only retroactively and within the period of time where legitimate expectations had already been 
accepted  by  the  Commission.  This  resulted  in  the  adoption  of  the  2014  decision  (Goodwill  III)  where  the 
Commission found that the new administrative guidance of 2012 constituted a new measure extending the scope 
of the scheme, for which the legitimate expectations recognised in the previous decisions were not applicable. 
On  27  September  2023,  the  General  Court  issued  a  number  of  judgments  annulling  the  2014  decision337.  The 
General  Court  considered  that  the Commission  was  wrong  to  order  recovery  from indirect transactions,  given 
that the General Court interpreted that the previous 2009 and 2011 decisions had already covered both direct and 
indirect transactions. Furthermore, the General Court found that the scope of the legal provision for the scheme 
cannot  be  modified  by  mere  administrative  guidance,  which  is  not  binding  on  beneficiaries/taxpayers.  In  this 
context, the General Court concluded that the Commission was not entitled to adopt the 2014 decision, as such 
adoption would equate to a withdrawal of legal acts (the 2009 and 2011 decisions) that had granted subjective 
rights both to Spain and to the beneficiaries concerned. Furthermore and regardless of the interpretation of the 
2009  and  2011  decisions,  the  General  also  found  that  indirect  transactions  should  enjoy  the  same  legitimate 
expectations as direct transactions. 

In the above context, the Commission continued its investigative activities in relation to fiscal 

336 Judgment of the Court of Justice of 2.2.2023 in Joined Cases C-649/20 P Spain v Commission, C-658/20 P 
Lico Leasing and Pequeños y Medianos Astilleros Sociedad de Reconversión v Commission, and C-662/20 P 
Caixabank and Others v Commission, EU:C:2023:60. 
337 Judgment of the General Court of 27.9.2023 in  Cases T-826/14, T-12/15, T-158/15, T-252/15, T-253/15, T-
256/15, T-257/15, T-258/15 and T-260/15, Spain v Commission, Banco Santander and Santusa  v Commission, 
Abertis  Infraestructuras  and  Abertis  Telecom  Satélites  vCommission,  Ferrovial  and  Others  v  Commission, 
Sociedad General de Aguas de Barcelona v Commission, Telefónica v Commission, Arcelormittal Spain Holding 
v Commission, Axa Mediterranean v Commission and Iberdrola v Commission. The Commission appealed those 
judgments. 

73 

 
 
 
State aid in 2023.  

In particular, the Commission  adopted  on 3 March 2023  a decision concerning  a real  estate 
tax  exemption  granted  by  Italy  to  certain  non-commercial  entities338,  following  the  partial 
annulment of the 2012 Decision by the Court of Justice.  In the decision of December 2012, 
the  Commission  found  that  an  Italian  real  estate  tax  exemption  (imposta  comunale  sugli 
immobili) for non-commercial entities engaged in certain social activities of economic nature 
between  2006  and  2011  was  incompatible  with  EU  State  aid  rules.  At  the  time,  the 
Commission did not order Italy to recover the illegal aid from the beneficiaries on the basis of 
an  absolute  impossibility  to  carry  out  the  recovery  derived  from  the  lack  of  available 
information  in  the  tax  and  cadastral  databases  to  allow  for  the  identification  of  the 
beneficiaries.  However,  in  2018,  the  Court  of  Justice  partly  annulled  the  2012  Commission 
decision, finding that the Commission should have examined whether there were alternative 
methods for the recovery of the aid, even if only partial. On 3 March 2023, the Commission 
adopted  a  new  final  decision  concerning  the  said  Italian  real  estate  tax  exemption  ordering 
Italy to recover the illegal aid to the extent that the exempted individual real estate properties 
were employed in economic activities. While acknowledging the existence of difficulties for 
the  Italian  authorities  in  identifying  the  beneficiaries  of  the  illegal  aid,  the  Commission 
concluded that those difficulties are insufficient to rule out the possibility of achieving at least 
a partial  recovery of the aid  by relying on several  alternative recovery  methods, despite the 
lack of available information in the tax and cadastral databases.  

5. 

BASIC INDUSTRIES AND MANUFACTURING  

5.1. Overview of key challenges in the sector 

Making  up  almost  one-fifth  of  the  EU’s  economy,  manufacturing  is  a  driver  of  growth  and 
innovation and employs around 30 million people (approximately 15% of the EU workforce). 
European  businesses  active  in  the  sector  face  substantial  challenges  in  the  form  of  energy 
price  increases,  trade  tensions,  the  introduction  of  advanced  technologies  and  the  need  to 
adapt  their  practices  and  processes  to  make  their  products  climate-friendly.  This  was 
exacerbated by the COVID-19 pandemic and the Russian war of aggression against Ukraine. 
Both  events  negatively  impacted  supply  chains  and  led  to  price  increases  for  energy,  raw 
materials  and  components,  which  persisted  into  and  throughout  2023.  The  RRF  and  the 
REPowerEU Plan aim to address these challenges by continuing to boost investment during 
the  recovery  from  the  pandemic  and  the  transition  to  a  digitalised  and  clean  economy 
independent of Russian fossil fuels. 

Enforcing  antitrust  and  merger  rules  in  the  manufacturing  and  basic  industries  sectors 
facilitates  these  transformations  in  the  spirit  of  the  single  market  goals,  by  ensuring  that 
innovation  is  not  hampered  and  that  companies  can  compete  on  fair  and  equal  terms. 
Meanwhile,  the  application  of  State  aid  rules  ensures  that  purely  national  interests  do  not 
distort competition. 

338 Case SA.20829, Italy - Scheme concerning the municipal real estate tax exemption granted to real estate used 
by non-commercial entities for specific purposes. 

74 

 
 
5.2 Contribution of EU competition policy to tackling the challenges 

5.2.1. Antitrust enforcement in the basic industries and manufacturing sector 

In  2023,  the  Commission  continued  enforcing  antitrust  rules  in  the  basic  industries  and 
manufacturing sectors. 

For  instance,  in  July  2023,  the  Commission  sent  a  Statement  of  Objections  to  the  fashion 
house  Pierre  Cardin  and  its  licensee  Ahlers  in  which  it  took  the  preliminary  view  that  the 
companies  had  breached  EU  antitrust  rules  by  restricting  parallel  trade  and  sales  of  Pierre 
Cardin-licensed products to specific customers in the EEA339. 

5.2.2. Merger enforcement in the basic industries and manufacturing sector 

EU  merger  control  is  making  a  significant  contribution  to  achieving  the  European  Green 
Deal’s  sustainability  policies,  including  carbon  neutrality  in  Europe.  In  2023,  sustainability 
issues  featured  prominently  in  the  Commission’s  competitive  assessment of recent mergers, 
particularly  in  the  sectors  of  basic  industries  and  manufacturing.  These  issues  include,  for 
instance: (i) the need to take into account consumer preferences, e.g. for ‘green products’ as a 
differentiating  factor in  general  and in  market  definition in  particular;  (ii) the importance of 
enforcing  and  pursuing  innovation  theories  of  harm  as  a  means  of  preventing  the  loss  of 
‘green  innovation’;  (iii)  the  importance  of  taking  into  account  social  and  environmental 
benefits and thus accepting them as efficiencies stemming from a merger; and (iv) the need to 
stay  vigilant  with  regard  to  ‘green’  killer  acquisitions,  especially  given  the  fact  that  ‘green 
innovation’  is  often  coming  from  smaller  players  representing  a  threat  for  incumbent 
companies and that such concentrations may well fall below the notification thresholds at EU 
and national levels. 

There is therefore a clear trend towards the sustainability-related aspects of the Commission’s 
merger  review  becoming  increasingly  important,  as  demonstrated  by  several  investigations 
carried out in 2023 under the EUMR340. 

In  February  2023,  the  Commission  conditionally  approved  the  acquisition  of  MBCC  by 
Sika341. Both companies produce a broad range of construction materials, including chemical 
admixtures for concrete mixes. In its investigation, the Commission focused on the impact of 
the transaction on the industry’s efforts to reduce carbon emissions from concrete production. 
In particular, the innovative chemical admixtures produced by the parties can help minimize 
the  content  of  carbon  intensive  materials  –  such  as  cement  –  in  concrete  mixes.  The 
Commission found that both Sika and MBCC are global industry leaders in R&D on chemical 
admixtures and their ability to develop innovative products and solutions puts them ahead of 
their  competitors.  The  combination  of  the  two  companies  could  have  caused  competitive 
harm  by  reducing  their  incentives  to  innovate  in  this  area.  To  address  these  concerns,  Sika 

339 Case AT.40642, Pierre Cardin. See: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_4031 
340 See Competition merger brief: https://op.europa.eu/en/publication-detail/-/publication/597b5940-5ceb-11ee-
9220-01aa75ed71a1/language-en/format-PDF/source-293456857  
341 See: https://ec.europa.eu/commission/presscorner/detail/en/IP_23_598  

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committed to divest MBCC’s admixture assets in Europe and in other jurisdictions across the 
world, including the business’s global R&D centre. 

In  October  2023,  the  Commission  approved  the  proposed  acquisition  of  Thales  GTS  by 
Hitachi  Rail,  subject  to  conditions342.  Both  companies  are  suppliers  of  interlockings  and 
automated  train  protection  wayside  systems  (overlay  and  resignalling).  The  Commission 
found that the merger would  lead to  higher prices, lower quality  and less innovation,  to  the 
detriment  of  infrastructure  managers,  and  ultimately  customers.  The  decision  is  conditional 
upon Hitachi Rail’s divestment of the entirety of its mainline signalling platforms in France 
and  Germany  for  interlockings,  overlay  and  resignalling  projects,  in  order  to  enable  an 
independent player to act as a new competitive constraint in the market on a lasting basis. 

In  May  2023,  following  the  opening  of  an  in-depth  investigation,  the  Commission 
unconditionally approved the acquisition of Alumetal by Norsk Hydro, both major European 
producers  of  aluminium  foundry  alloys,  a  semi-finished  aluminium  product  used  mainly  by 
the  automotive  industry  to  cast  auto  parts343.  Alumetal  makes  these  from  recycled  material, 
while  Norsk  Hydro  uses  non-recycled  material  and  relies  on  renewable  energy  for  its 
production.  In  its  in-depth  investigation,  the  Commission  assessed  whether  the  transaction 
might: (i) reinforce Norsk Hydro's leading position as a supplier of aluminium foundry alloys; 
and  (ii)  eliminate  important  competition  from  a  growing  supplier  able  to  bring  cheaper  and 
advanced recycled aluminium products to the market and to automotive customers. In order to 
assess these concerns, the Commission carried out a specific assessment to analyse whether, 
post  transaction,  sufficient  low-carbon  producers  would  remain,  besides  the  Parties.  The 
Commission ultimately found that the parties' combined market shares in the EEA market for 
solid  advanced  aluminium  foundry  alloys  are  moderate  and  there  are  a  number  of  sizeable 
alternative suppliers, including green players. Moreover, the Commission concluded that the 
parties are not close competitors in the market for solid advanced aluminium foundry alloys. 

5.2.3. State aid enforcement in the basic industries and manufacturing sector 

On 7 July 2023, the Commission approved an amendment to an already approved aid measure 
for  the  re-construction  and  upgrading  of  a  multimodal  platform  in  the  Romanian  port  of 
Galati344. The investment project aims to improve port and access infrastructure and increase 
modal shift in transportation. The aid provided in the form of grants amounts to EUR 112.28 
million. 

On 13 October 2023, the Commission approved under the TCTF a Romanian aid scheme to 
meet immediate investment needs in sea and inland ports. This scheme, with a budget of up to 
EUR 24 million, aims to help  operators process  significantly increased flows of cereals  and 
other  goods  that  are  piling  up  in  Romanian  ports  in  the  context  of  the  Russian  war  of 
aggression  against  Ukraine,  the  sanctions  imposed  by  the  EU  and  its  international  partners, 
and the countermeasures taken by Russia, which have disrupted trade flows and supply chains 

342 See: https://ec.europa.eu/commission/presscorner/detail/en/IP_23_5323  
343 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_2566  
344 Case SA.101033, Romania - Amendment to State Aid SA. 40926 – Galati multimodal platform. 

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worldwide345.  The  scheme  is  part  of  a  broader  effort,  designed  to  contribute  to  the  EU 
Solidarity Lanes action plan346. The second leg of that broader effort (up to EUR 126 million) 
will also be used to contribute to overcoming capacity shortcomings, among others in short-
distance transport of freight and temporary storage347. 

On 17 November 2023,  the Commission  approved aid  in  the amount of SEK 1 675 million 
(approximately  EUR  143  million)  to  be  granted  by  Sweden  in  the  form  of  a  non-repayable 
grant for an investment project in the port of Gothenburg348. The objective of the measure is 
to increase the fluidity of traffic and safety in the fairway leading to and through the port of 
Gothenburg as well as to improve the port infrastructure. 

6. 

AGRI-FOOD SECTOR 

6.1. Overview of key challenges in the sector 

In 2023, the agri-food sector continued to be affected by Russia’s war of aggression against 
Ukraine  and  its  effects  on  the  energy,  fertiliser  and  feed  prices,  as  well  as  by  the  resulting 
food  price  inflation  across  the  EU349.  Although  2023  saw  a  decline  in  energy  and  fertiliser 
prices as compared to 2022, the lower commodity prices and input costs still remained above 
the  long-term  average350.  Because  of  high  food  inflation,  consumers  showed  a  tendency  to 
switch to more basic, and cheaper food items351. This supported also a switch to retailer own-
brands or a substitution with relatively cheaper products within the same category (e.g. meats 
and oils) or between categories (e.g. less fresh fruit and vegetables)352. 

In the summer of 2023, the EU food inflation showed first signs of stabilisation since January 
2021  but  remained  high  and  above  the  general  inflation  level353.  In  the  autumn  of  2023 
energy, fertiliser and feed prices continued declining, which also led to a slowing down of the 
increases  of  consumer  prices354.  Towards  the  end  of  2023,  the  EU  food  inflation  stopped 
increasing,  but  remained  at  historically  high  levels  and  represent  the  highest  rate  of  overall 
inflation355. Prices remain a big concern for consumers, as the cost of living remains elevated, 
and prices might further evolve depending on the future harvest and uncertain developments 
in international markets. 

345 Case SA.107101, Romania - TCTF - Romanian ports - EU - Ukraine Solidarity lanes. 
346 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of the Regions for an action plan for EU-Ukraine Solidarity Lanes to 
facilitate Ukraine’s agricultural export and bilateral trade with the EU. 
347 Case SA.109965, Romania - Romanian ports - EU - Ukraine Solidarity lanes. 
348 Case SA.103466, Sweden - Dredging and port infrastructure at the port of Gothenburg.  
349 See: https://agriculture.ec.europa.eu/system/files/2023-04/short-term-outlook-spring-2023_en.pdf 
350 See: https://agriculture.ec.europa.eu/system/files/2023-07/short-term-outlook-summer-2023_en.pdf  
351 See: https://agriculture.ec.europa.eu/system/files/2023-04/short-term-outlook-spring-2023_en.pdf  
352 See: https://agriculture.ec.europa.eu/system/files/2023-07/short-term-outlook-summer-2023_en.pdf  
353 See: https://agriculture.ec.europa.eu/system/files/2023-07/short-term-outlook-summer-2023_en.pdf  
354 See: https://agriculture.ec.europa.eu/system/files/2023-10/short-term-outlook-autumn-2023_en.pdf 
355  See:  https://ec.europa.eu/eurostat/documents/2995521/17766951/2-31102023-AP-EN.pdf/e9580ea0-3933-
6700-41ad-4bd54f4b9ce0?version=1.0&t=1698672837709  

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6.2. Contribution of EU competition policy to tackling the challenges  

6.2.1. Guidelines on sustainability agreements in agriculture 

On  7  December  2023  the  Commission  adopted  the  Guidelines  on  Article  210a  of  the 
Regulation  (EU)  No  1308/2013  (CMO  Regulation)  providing  an  exclusion  from  the 
application of Article 101 TFEU for sustainability agreements in agriculture356. Article 210a 
of  the  CMO  Regulation  allows  agricultural  producers  and  other  operators  in  the  agri-food 
supply chain to implement sustainability standards that go beyond what is currently required 
by  existing  EU  and  national  legislation  provided  that  the  higher  standards  pursue  certain 
sustainability objectives (environmental, reduced use of pesticides and antimicrobials, animal 
health,  or  animal  welfare).  The  new  Guidelines  aim  to  facilitate  the  adoption  of  such 
sustainability  agreements  by  explaining  how  to  fulfill  the  conditions  of  the  exclusion  and 
providing  concrete  examples.  From  8  December  2023  onwards  producers  may  request  an 
opinion from the Commission concerning the compatibility of sustainability agreements with 
Article 210a. 

The adoption of the Guidelines followed a public consultation in the first half of 2023357 and a 
conference held on 12 June 2023 to further discuss the issues raised by the consultation with 
stakeholders358. 

6.2.2.  Revised  State  aid  rules  for  the  agricultural,  forestry,  fishery  and  aquaculture 
sectors entered into force 

On  1  January  2023  the  revised  Agricultural  Block  Exemption  Regulation  (ABER)359,  the 
revised Fishery Block Exemption Regulation (FIBER)360, and the revised Guidelines for State 
aid  in  the  agricultural  and  forestry  sectors  and  in  rural  areas (Agricultural  Guidelines)361, 
entered into force. 

The ABER and FIBER declare specific categories of aid compatible with EU State aid rules 
and exempt them from the requirement of prior notification and approval by the Commission 

356  Communication  from  the  Commission,  Commission  guidelines  on  the  exclusion  from  Article  101  of  the 
Treaty  on  the  Functioning  of  the  European  Union  for  sustainability  agreements  of  agricultural  producers 
pursuant to Article 210a of Regulation (EU) No 1308/2013, see:  
https://competition-policy.ec.europa.eu/system/files/2023-
12/2023_EC_guidelines_for_sustainability_agreements_of_agricultural_producers.pdf    
357 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_102  
358 See: https://competition-policy.ec.europa.eu/about/reaching-out/sustainability-guidelines-agri-food-supply-
chain_en  
359 Commission Regulation (EU) 2022/2472 of 14 December 2022 declaring certain categories of aid in the 
agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 
107 and 108 of the Treaty on the Functioning of the European, OJ L 327, 21.12.2022, p. 1. 
360 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. 
361 Communication from the Commission Guidelines for State aid in the agricultural and forestry sectors and in 
rural areas 2022/C 485/01, OJ C 485, 21.12.2022, p. 1. 

78 

 
 
if  they  fulfil  certain  conditions.  The  main  changes  to  the ABER  and  the  FIBER include  a 
significant extension of scope of block-exempted measures. Based on the experience gained 
by  the  Commission,  the  new  rules  block-exempt  up  to  50%  of  cases  which  before  were 
subject to notification. 

The main changes in  the  revised Guidelines include:  (i) a new, simplified procedure for the 
authorisation of State aid for measures co-financed under the CAP; (ii) an enlarged scope of 
measures  targeting  animal  diseases  and  plant  pests,  allowing  for  aid  to  be  granted  for 
emerging  animal  diseases  and  certain  invasive  alien  species;  and,  (iii)  new  incentives  for 
farmers to commit to schemes under which they respect stricter environmental standards than 
what is required by law. 

6.2.3. Revised Fisheries Guidelines adopted 

In March 2023, the Commission adopted the revised Fisheries State aid Guidelines362 which 
apply as from 1 April 2023. 

The  revised  Fisheries  Guidelines  include  a  broader  scope  of  measures  targeting  animal 
diseases  in  aquaculture,  allowing  for  aid  to  be  granted  for  emerging  animal  diseases  and 
certain invasive alien species, and introduce new categories of aid, such as aid for fleet and 
cessation  measures  (in  line  with  the  EMFAF),  and  aid  for  investments  in  equipment  that 
contributes to safety of fishing vessels in the Union's outermost regions.  

6.2.4. Revised Fisheries de minimis Regulation adopted 

On 4 October 2023, the Commission adopted an amendment to the de minimis regulation for 
the fishery and aquaculture sector363.  

The revised regulation, which entered into force on 25 October 2023, introduced an increase 
of the de minimis aid ceiling per company over three years, from EUR 30 000 to EUR 40 000, 
subject to the establishment of a central national register. 

Other changes include among other the fact that the processing and marketing of fishery and 
aquaculture products are no longer covered by the Fishery de minimis Regulation but by the 
General de minimis Regulation. 

The revised Fishery de minimis Regulation will remain valid until 31 December 2029. 

6.2.5. Antitrust enforcement in the agri-food sector 

In 2023, the Commission investigated manufacturers of drinks, chocolate, biscuits and coffee 
products, grocery retailers and of online food platforms.  

362  Communication  from  the  Commission  Guidelines  for  State  aid  in  the  fishery  and  aquaculture  sector,  OJ  C 
107, 23.3.2023, p. 1. 
363 Commission Regulation (EU) 2023/2391 of 4 October 2023 amending Regulations (EU) No 717/2014, (EU) 
No 1407/2013,  (EU)  No 1408/2013  and  (EU)  No 360/2012  as  regards  de  minimis  aid  for  the  processing  and 
marketing of fishery and aquaculture products, and Regulation (EU) No 717/2014 as regards the total amount of 
de  minimis  aid  granted  to  a  single  undertaking,  its  period  of  application  and  other  matters,  OJ  L  2391, 
05.10.2023, p.1. 

79 

 
 
 
The Commission continued its investigation into possible restrictions by Mondelez of parallel 
trade in the markets for chocolate, biscuits and coffee products364. 

Moreover,  the  Commission  continued  its  ex-officio  investigation  in  the  market  for  online 
ordering  and  delivery  of  food,  groceries  and  other  consumer  goods.  In  November  2023  it 
carried  out  inspections  concerning  possible  no-poach  agreements  and  exchanges  of 
commercially  sensitive information365 in  the context  of the initial  investigation  regarding an 
alleged agreement or concerted practice to share geographical markets in the EU366.  

In 2023, the Commission also initiated an investigation into alleged practices of foreclosing 
energy drinks markets. In March 2023, the Commission conducted unannounced inspections 
at Red Bull, active in the production and wholesale  distribution of energy drinks367. Redbull 
applied for the annulment of the inspection decision to the General Court, and in parallel filed 
a request  for interim  measures to  stop  the continued inspections until  the court rules  on the 
main appeal.  

Furthermore, the Commission  closed  its  preliminary investigations into the practices of two 
international  grocery  retail  alliances AgeCore and Coopernic and  their  members368.  The 
Commission  had  concerns  that  AgeCore  and  Coopernic  may  have  negotiated  trading  terms 
with  manufacturers  in  breach  of  EU  antitrust  rules,  and  also  investigated  whether  such 
negotiations  restricted  competition  by  harming  innovation  or  consumers  either  in  terms  of 
choice or price. The preliminary investigations of the Commission identified no evidence of 
anticompetitive effects stemming from such negotiations. In particular, the Commission found 
that (i) the specific contracts signed by international retail alliances  were intrinsically linked 
to  the  purchase  of  goods  by  retailers  from  manufacturers  and  were  similar  to  some  of  the 
terms used at national level for the same transactions; (ii) retailers exerted a higher bargaining 
power  negotiating  through  the  alliances;  and  (iii)  the  rebates  contributed  to  the  retailers' 
overall  pricing  strategies  allowing  them  to  reduce  retail  prices  to  match  or  undercut 
competitors' pricing. The extent of such price reductions depended notably on the degree of 
competition  existing  in  the  relevant  downstream  retail  markets.  Maintaining  the  capacity  of 
retailers to reduce prices to consumers as well as ensuring competition between retailers are 
key objectives of competition policy and are particularly important in the current context of 
high inflation. 

The  Commission  also  closed  its  preliminary  investigation  into  potential  anticompetitive 
practices by  The Coca-Cola  Company and its bottlers,  Coca-Cola  Europacific Partners and 
Coca-Cola  Hellenic.  The  Commission  had  concerns  that  Coca-Cola  and  its  bottlers  could 
have abused their dominant position by granting a series of conditional rebates to retailers in a 
number of Member States  to foreclose the entry or hinder the expansion of new drinks into 

364 See: https://ec.europa.eu/commission/presscorner/detail/en/IP_21_281  
365 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_5944  
366 See: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_4345 
367 See https://ec.europa.eu/commission/presscorner/detail/en/ip_23_1802  
368 See: https://ec.europa.eu/commission/presscorner/detail/en/mex_23_3847  

80 

 
 
the  market.  Based  on  the  evidence  collected,  the  Commission  concluded  that  there  is 
insufficient ground to further pursue the investigation369. 

6.2.6. State aid enforcement in the agriculture and fisheries sectors 

State  aid  to  promote  economic  development  of  the  agriculture  and  fisheries  sectors  is 
embedded  in  the  broader  common  agricultural  policy  (CAP)  and  common  fisheries  policy 
(CFP). State aid plays an important role in facilitating the economic activities in those sectors 
with  the  objective  of  enhancing  food  security  and  accompanying  farmers  and  fishers  in  the 
green and digital transition also in line with the Farm to Fork strategy. 

In  2023,  Member  States  adopted  1238  schemes  under  the  sectorial  block  exemption 
regulations (1119 under the ABER, and 119 under the FIBER) and the Commission approved 
132 aid measures in these sectors (104 in the agricultural sector and 28 in the fisheries sector), 
out of which 65 under the TCTF (mainly under section 2.1)370.  

In  the  agriculture  sector,  the  Commission  approved  State  aid  granted  for  a  wide  range  of 
objectives.  For  instance,  aid  has  been  granted  to  achieve  environmental  and  climate 
objectives371 and to allow farmers to move to more sustainable agricultural practices372. 

Aid  granted  to  support  the  use  of  renewable  energy  in  the  agriculture sector  was  also 
approved by the Commission: in particular, an amendment to the Italian scheme under RRF 
to support investments in photovoltaic panels to be installed on buildings for productive use in 
the agricultural,  livestock  and  agro-industrial  sector373,  as  well  as  aid  to promote  energy 
saving investments in glasshouse horticulture374. 

Moreover,  the  Commission  approved  aid  granted  to  compensate  for  damages  provoked  by 
protected animals (such as wolves, beavers and lynxes375), to prevent plant pests376 or animal 
diseases377,  as  well  as  to  make  good  damages  provoked  by  natural  disaster  and  adverse 
climatic events378. 

369 See: https://ec.europa.eu/commission/presscorner/detail/en/MEX_23_1281  
370 For example, aid for grain producers (SA.107274), for the livestock sector (SA.107895), or to compensate for 
the increase of the price of fertilisers (SA.106431). 
371 For example, the Commission approved aid to close pig stables in Belgium (SA.103681) and livestock farm 
production capacity in the Netherlands (SA.106555 and SA.106559). 
372 See for instance, SA.107268, Germany - Hamburg - Directive for the grant of funding for contractual nature 
conservation and compensation for disadvantages in Natura 2000 areas. 
373  See  for  example  SA.107302,  Italy  -  RRF  -  Construction  of  photovoltaic  installations  to  be  installed  on 
buildings for productive use in the agricultural, livestock and agro-industrial sectors to be financed under the 
NRRP, Mission 2, Component 1, Investment 2.2 (Parco Agrisolare).  
374  See  for  example  SA.106646,  the  Netherlands  -  NL_LNV_AGRO_PAV-  Energy-efficiency  glasshouse 
horticulture. 
375  See  for  example  SA.108078,  Germany  -  Saxony  –  Natural  heritage  –  projects  to  prevent  damage by  wolf, 
beaver and lynx. 
376  See  for  example  SA.108775,  France  -  Aide  à  l’arrachage  sanitaire  préventif  de  vignes  dans  le  cadre  d’un 
programme de dé-densification et d’enrayement de la flavescence dorée dans le vignoble de Gironde. 
377  See  for  example  SA.106787,  France  -  Indemnisation  sanitaire  des  grandes  entreprises  ayant  une  activité 
d’élevage  dont  les  animaux  ont  été  abattus  sur  ordre  de  l’administration  dans  le  cadre  de  la  lutte  contre 
l’influenza aviaire pour la période 2023-2025. 

81 

 
 
The  Commission  has  also  approved  quality  schemes379,  aid  in  favour  of  promotion  and 
information actions related to agriculture products380 or in favour of the agricultural sector 
in the Outermost regions381. 

In the fisheries sector, the Commission approved aid also granted  to facilitate the economic 
development of the sector. For example, Member States notified aid measures to support their 
fisheries sector to facilitate a transition to the post-Brexit scenario382 and aid schemes have 
also been approved for the fleet renewal in the outermost regions to address safety concerns 
due to the obsolescence of fleets as well as high exposure to extreme weather events383. 

6.2.7. State aid enforcement in the forestry sector 

The new  EU  forest  strategy  for  2030384 is  one  of  the  flagship  initiatives  of  the European 
Green  Deal and  builds  on  the EU  biodiversity  strategy  for  2030385. The  strategy  will 
contribute to  achieving the EU’s biodiversity objectives as well as greenhouse gas emission 
reduction target of at least 55% by 2030 and climate neutrality by 2050. 

In 2023, the Commission also approved State aid granted for the protection and maintenance 
of EU forest, for example: two Irish State aid schemes part of the Irish Forestry Programme 
2023-2027386,  as  well  as  a  Finish  scheme387  and  Czech  forestry  aid  scheme  designed  to 
enhance the adaptation of forests to the adverse effects of climate change and to support the 
sustainable forest management388. 

7. 

PHARMACEUTICAL AND HEALTH SERVICES SECTORS 

7.1. Overview of key challenges in the sector 

The access of patients to innovative and affordable medicines forms one of the pillars of the 
Commission’s Pharmaceutical Strategy for Europe389.  

378 See for example:  SA.108744, Greece  - State Aid Regulation (damage compensation scheme due  to natural 
disasters and adverse climatic events). 
379 See for example: SA.107099, Austria - AMA quality schemes. 
380 See for example: SA.108359, Slovenia - Aid in favour of promotion and information activities related to fruit 
sector. 
381  See  for  example:  SA.107610,  France  -  Modification  du  régime  SA.45273  (2016/N)  "Allégement  des 
cotisations et contributions des exploitants agricoles non-salariés dans les départements d'Outre-mer (DOM)". 
382 See for example, SA.108160, Ireland - Brexit Specific Scallop Fleet Transition Support Scheme. 
383 See for example SA.106493, France - Aid for the renewal of the fishing fleet of  vessels between 12 and 40 
meters from Réunion. 
384 See: Forest strategy (europa.eu) 
385 See: Biodiversity strategy for 2030 (europa.eu) 
386  See  for  example,  SA.107220,  Ireland  -  Forestry  Programme  2023  -  2027  and  SA.104922,  Ireland,  Ireland 
Forestry  Programme  2023-2027  comprising  the  following  sub-schemes:  Woodland  Improvement  –  Deer  Tree 
Shelter and Deer Hare Fencing – Forest Management Plans – Native Woodland Conservation – Environmental 
Enhancement – Open Forest – Climate Resilient Reforestation. 
387 SA.106581, Finland - Temporary incentive scheme for the forestry sector. 
388 SA.103979, Czechia - Aid in favour of adaptation of forests to climate change. 
389 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social Committee and the Committee of the Regions Pharmaceutical Strategy for Europe COM (2020) 761 final.  

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Contributing to these objectives, the Commission and the NCAs have continued to vigorously 
enforce  EU  competition  rules  in  the  pharmaceutical  and  healthcare  sectors  in  2023.  Such 
enforcement  complements  the  regulatory  frameworks  in  these  sectors390,  and  fosters  both 
dynamic  competition,  which  leads  to  more  innovative  medicines,  and  effective  price 
competition,  which  in  turn  contributes  to  more  affordable  and  accessible  medicines  and 
treatments. 

7.2. Contribution of EU competition policy to tackling the challenges 

7.2.1. Antitrust enforcement in the pharmaceutical sector 

In  2023,  the  Commission  continued  its  investigations  into  potential  anticompetitive 
behaviours by Teva and Vifor Pharma. In its 2022 Statement of Objections against Teva, the 
Commission  took  the  preliminary  view  that  Teva  had  abused  its  dominant  position  since 
February 2015391. The Commission preliminarily found that, after the expiry of the original, 
basic patent for Copaxone, Teva created multiple divisional patents with overlapping content, 
intentionally staggered their filing and repeatedly and strategically withdrew them to avoid a 
reasoned decision on their validity. Teva thus may have obstructed effective legal review and 
prolonged legal uncertainty concerning its remaining patents (a conduct called in the industry 
the  ‘divisionals  game’),  all  while  aggressively  enforcing  these  patents  against  a  competitor. 
The Commission also preliminarily found that Teva implemented a systematic disparagement 
campaign, targeting healthcare professionals and casting doubts about the safety and efficacy 
of a competing glatiramer acetate medicine and its therapeutic equivalence with Copaxone. 

The Commission also continued its in-depth investigation to assess whether Vifor Pharma has 
restricted  competition  by 
in  Europe, 
Pharmacosmos, and thereby  hindered competition  against Vifor Pharma’s blockbuster high-
dose intravenous iron treatment medicine, Ferinject392. 

its  closest  competitor 

illegally  disparaging 

Furthermore, after completing inspections in the animal health and medical devices sectors393, 
the Commission continued its preliminary investigations into these cases. 

Teva v Commission (Cephalon pay-for-delay case) 
On  18  November  2023,  the  General  Court394  fully  upheld  Commission’s  decision  of  26  November  2020395 
finding  that  Teva  and  Cephalon  had  infringed  Article  101 TFEU  by  concluding  a  settlement  agreement  under 
which  Teva  agreed  to  delay  the  entry  of  its  generic  product  in  exchange  for  a  value  transfer  from  Cephalon. 

390 On 26 April 2023 the Commission adopted a proposal for a new Directive and a new Regulation, which 
revise and replace the existing general pharmaceutical legislation; see https://health.ec.europa.eu/medicinal-
products/pharmaceutical-strategy-europe/reform-eu-pharmaceutical-legislation_en 
391 Case AT.40577, Teva Copaxone. See: https://ec.europa.eu/commission/presscorner/detail/en/IP_22_6062 
392 Case AT.40577, Vifor (IV iron products). See: 
https://ec.europa.eu/commission/presscorner/detail/en/ip_22_3882 
393 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_5543 and 
https://ec.europa.eu/commission/presscorner/detail/en/ip_23_4517 
394  Judgment  of  the  General  Court  of  18.11.2023,  T-74/21,  Teva  Pharmaceutical  Industries  and  Cephalon  v 
Commission, ECLI:EU:T:2023:651. 
395 Case AT.39686, Cephalon.  

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Unlike in previous pay-for-delay cases (Fentanyl396, Lundbeck397 and Servier398), the payment (value transfer) to 
Teva was made predominantly through a package of commercial deals, which were all very lucrative for Teva, 
rather  than  as  a  straightforward  cash  payment.  By  establishing  that  these  side  deals  would  not  have  been 
concluded (or at least not on the  same terms) under normal market conditions,  i.e. had Teva not agreed to the 
non-compete and no-challenge clauses in the settlement agreement, the Commission had concluded that the side 
deals indeed represented an illegal value transfer. The Court rejected the appeal in its entirety thus confirming 
the Commission’s decision that the settlement agreement represented  an infringement of Article 101 TFEU by 
both object and effect.  

7.2.2. Merger enforcement in the pharmaceutical sector 

In 2023, the Commission continued to ensure that concentrations in the pharmaceutical sector 
do not lead to consumers paying higher prices, having less choice or reduced innovation. 

Illumina / Grail  

On 6 September 2022, the Commission prohibited the acquisition of  GRAIL by Illumina over concerns that the 
merger would have stifled innovation and reduced choice in the emerging market for blood-based early cancer 
detection  tests399.  However,  the  parties  unlawfully  completed  the  merger  during  the  Commission's  in-depth 
investigation, in breach of EU merger control rules and the standstill obligation which is one of the procedural 
cornerstones of the ex-ante EU merger control regime. 
On  12  July  2023,  the  Commission  therefore  fined  Illumina  and  GRAIL  approximately  EUR 432  million  and 
EUR 1 000 respectively: both companies knowingly and intentionally infringed the standstill obligation during 
the  Commission's  in-depth  investigation400.This  was  the  first  time  the  Commission  imposed  a  fine  for  gun-
jumping on a target company401. 
On  12  October  2023,  the  Commission  adopted  a  restorative  measures  decision  under  Article  8(4)(a)  EUMR 
requiring  Illumina  to  divest  GRAIL  and  restore  the  situation  prevailing  before  the  completion  of  the 
acquisition402. In this decision, the Commission ordered divestment measures requiring Illumina to unwind the 
transaction with GRAIL; as  well as transitional measures that Illumina and GRAIL need to comply with until 
Illumina has dissolved the transaction. 
Regarding the divestment measures: Illumina is free to determine the divestment methods, e.g., via a trade sale 
or  a  capital  market  transaction,  provided  that  it  follows  all  the  following  principles:  (i)  the  dissolution  of  the 
transaction  must  restore  GRAIL's  independence  from  Illumina  to  the  level  enjoyed  by  GRAIL  prior  to  the 
acquisition;  (ii)  GRAIL  must  be  as  viable  and  competitive  after  the  divestment  as  it  was  before  Illumina's 
acquisition, which will ensure that the innovation race between GRAIL and its rivals can continue in conditions 
similar to those in place before the transaction; and (iii) the divestment must be executable within strict deadlines 
and with sufficient certainty, so that the pre-transaction situation can be restored in a timely manner. Illumina is 
required to submit a concrete divestment plan, to be approved by the Commission. 

396 Case AT.39685, Fentanyl. 
397 Case AT.39226, Lundbeck. 
398 Case AT.39612, Perindopril (Servier).  
399 Case M.10188, Illumina / GRAIL,see: 
https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=2_M_10188 On 15 December 2022, 
an action for the annulment of the Commission decision prohibiting the acquisition was brought before the Court 
of Justice, which is still pending. 
400 Case M.10438, Illumina / GRAIL,see: https://competition-cases.ec.europa.eu/cases/M.10483 
401  In  July  2023,  the  Commission  opened  an  investigation  into  another  potential  breach  of  the  standstill 
obligation by Vivendi when acquiring Lagardère, together with a potential breach of the notification requirement 
and  clearance  conditions  and  obligations.  In  November  2023,  the  Court  of  Justice  largely  confirmed  the 
Commission’s  decision  to  impose  fines  for  a  breach  of  procedural  EU  merger  control  rules  in  another  case  – 
Altice’s breach of the notification requirement and standstill obligation.  
402 Case M.10939 – Illumina / GRAIL,see: https://competition-cases.ec.europa.eu/cases/M.10939 

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The  transitional  measures:  (i)  aim  to  ensure  that  Illumina and  GRAIL  remain  separate  until  the  transaction  is 
unwound in order to prevent further integration of GRAIL into Illumina's business and subsequently irreparable 
harm  to  competition;  (ii)  oblige  Illumina  to  maintain  GRAIL's  viability  by  continuing  to  fund  GRAIL's  cash 
needs on an ongoing basis to allow it to further develop and launch its early cancer detection test Galleri and (iii) 
replace the interim measures adopted by the Commission on 28 October 2022 and in force at the time403. 

In  2023,  the  Commission  reviewed  several  other  transactions  in  the  pharmaceutical  sector, 
some  of  which  were  cleared  under  the  simplified  procedure,  whereas  two  transactions  were 
cleared unconditionally following a Phase I market investigation404. 

For  instance,  on  19  October  2023,  the  Commission  approved  unconditionally  under  the 
EUMR  the  proposed  acquisition  of  Seagen  by  Pfizer,  both  US  pharmaceutical  companies 
active  in  the  research,  manufacturing  and  commercialization  of  drugs  in  the  oncology 
space405. Based on its market investigation, the Commission found that the merger would not 
significantly reduce competition in the markets where Seagen’s and Pfizer’s activities overlap 
within  the  EEA.  In  addition,  the  Commission  focused  its  investigation  on  potential 
competition  between  the  parties’  marketed  and  pipeline  products  and  it  found  that  the 
transaction  would  not  lead  to  either  (i)  the  discontinuation,  delay  or  re-orientation  of  the 
parties’ ongoing and overlapping lines of research or pipeline projects, because their activities 
are not substitutable as they target different types of patients and lines of treatment and have 
different modes of action; or (ii) the loss of innovation resulting from a structural reduction of 
the overall level of innovation, given that there is a significant number of players engaged in 
research and development activities in the broader oncology space and, more specifically, in 
anti-body  drug  conjugates,  an  area  in  which  Seagen  was  strong  and  Pfizer  wishes  to  grow. 
Finally, the Commission found that the transaction was unlikely to have a negative impact on 
prices,  given  that  the  parties'  offerings  are  differentiated  and  complementary  and  that  the 
markets for the treatment of the various cancer types examined are sufficiently competitive. 
The Commission therefore concluded that the proposed merger would not  raise competition 
concerns and cleared the transaction unconditionally. 

7.2.3. State aid enforcement in the health and social services sectors 

Through enforcing  State aid  rules  in  the health and social services sectors, the Commission 
aims  to  ensure  that  aid  to  health  and  social  service  providers  does  not  unduly  disadvantage 
their competitors.  

On  27  July  2023,  the  Commission  approved  a  EUR  28.8  million  Austrian  aid  measure  to 
support  the  modernisation  of  Sandoz  GmbH  penicillin  production  site  in  Tyrol406.  The 

403 On 29 October 2021, the Commission put in place interim measures to restore and maintain the conditions of 
effective competition for the duration of 12 months, namely ordering to hold GRAIL separate from Illumina; on 
28 October 2022, the Commission issued a new decision thereby renewing and reinforcing the existing interim 
measures that remained applicable until the adoption of the restorative measures (decision on 12 October 2023). 
Case M.10938 – Illumina/GRAIL, see: 
https://ec.europa.eu/competition/elojade/isef/case_details.cfm?proc_code=2_M_10938 
404 See for instance, Case M.10997, NB / ARDIAN / MEDIOLANUM / NEOPHARMED, see: https://competition-
cases.ec.europa.eu/cases/M.10997  
405 Case M.11177, Pfizer/Seagen, see: https://competition-cases.ec.europa.eu/cases/M.11177 
406 Case SA.62915, Austria - Aid for maintaining Sandoz penicillin production in Kundl (Tyrol). 

85 

 
 
measure  will  help  to  maintain  in  the  EU  the  last  fully  integrated  production  of  amoxicillin, 
contributing to the security of supply of essential and life-saving medicines407. The measure 
will contribute to strengthening the continuity and security of supply of medicines in line with 
the Pharmaceutical Strategy for Europe. 

In 2023, the Commission also approved State aid measures providing emergency support to 
operators  in  the  health  services  sector  under  the  TCT  and  TCTF.  In  particular,  the 
Commission  approved  a  Walloon  scheme408  and  a  Danish  scheme409  compensating  certain 
types  of  operators  in  the  healthcare  sector  for  the  sharp  price  increase  of  natural  gas, 
electricity, fuel and raw materials due to Russia’s war of aggression against Ukraine. 

Furthermore, the Commission enforced State aid rules in the housing sector with the aim of 
preventing distortions of competition, ensuring that State support does not excessively favour 
certain market players, and that private investment is not deterred, while taking into account 
the particular characteristics of the sector in various Member States. On 6 February 2023, the 
Commission  approved  an  Irish  aid  scheme  under  Article  107(3)(c)  TFEU  to  support  the 
building  of  apartments  in  several  Irish  cities  with  the  objective  of  increasing  the  supply  of 
apartments and stimulate ownership of housing. In this context, the Irish authorities explained 
that  current  market  prices  are  not  sufficient  to  cover  the  increasing  delivery  costs  of 
apartments which resulted in a housing shortage410.   

8. 

TRANSPORT, POST AND OTHER SERVICES 

8.1. Overview of key challenges in the sectors 

Transport,  post  and  other  services,  such  as  travel,  play  a  key  role  in  the  EU  economy.  In 
particular, transport is the key both to an integrated internal market and to an open economy 
integrated into the world economy, as demonstrated by the supply chain disruptions observed 
during the COVID-19 pandemic. Mobility is an enabler of the economic and social life of EU 
citizens.  As  set  out  in  the  Sustainable  and  Smart  Mobility  Strategy,411  the  greening  of 
transport is essential for achieving the EU’s transition to climate neutrality while digitalisation 
represents  a  significant  challenge  and  opportunity  for  the  transport  sector.  Postal  services 
have a significant economic and social value. 

407  Amoxicillin  is  the  worldwide  most  widely  used  antibiotic  for  the  treatment  of  bacterial  infections,  and  is 
included  in  the  World  Health  Organisation's  list  of  essential  medicines  that  satisfy  priority  health  care  needs. 
There  have  been  repeatedly  shortages  across  many  EU  Member  States  due  to  manufacturing  delays  and 
production capacity issues, among other things. 
408 Case SA.103842, Belgium - TCF - Walloon schemes of temporary limited amounts of aid, public guarantees 
and subsidized loans for Walloon undertakings affected by the conflict in Ukraine.  
409 Case SA.107407, Denmark - TCTF - Danish aid measure to ensure sufficient supply of critical medicines.  
410 Case SA.102927, Ireland - Croí Cónaithe (Cities) Scheme. 
411 Communication from the Commission to the European Parliament, the Council, the European Economic and 
Social  Committee  and  the  Committee  of  the  Regions:  Sustainable  and  Smart  Mobility  Strategy-  putting 
European transport on track for the future, COM(2020) 789 final. 

86 

 
 
8.2. Contribution of EU competition policy to tackling the challenges 

8.2.1. State aid to the aviation sector 

The aviation sector, which was hit very hard by the COVID-19 pandemic, recovered strongly 
during 2023. While recovery is not homogeneous across the industry, in  terms of passenger 
numbers, the aviation sector is almost back to where it was in 2019.   

In 2023, the Commission approved  six  measures allowing State  aid  in  favour of  companies 
active  in  the  aviation  sector412.  These  aid  measures  were  approved  under  the  TCF,  Article 
107(2)(b) TFEU as compensation for damage suffered due to the COVID-19 pandemic as a 
result of the COVID-19 travel restrictions, as well as under under Article 107(3)(c) TFEU in 
connection  with  the  Guidelines  on  State  aid  to  airports  and  airlines  (2014  Aviation 
Guidelines)413.  

Moreover,  on  27  March  2023,  the  Commission  adopted  a  final  decision  regarding  unlawful 
state aid  to  the  Italian  airline  Alitalia414. Following the opening  of a  formal investigation in 
February 2020 regarding a state loan of EUR 400 million  granted to  Alitalia  in  2019 in  the 
context of the airline’s insolvency proceedings, the Commission concluded that, by granting 
that loan, Italy had not acted as a private investor would have done under market conditions, 
but aimed at ensuring the uninterrupted service of Alitalia’s domestic and international flights 
without  carrying  out  an  adequate  economic  and  financial  assessment.  Moreover,  the 
Commission found that the 2019 loan was not in line with EU rules on State aid to companies 
in  difficulty.  Indeed,  Alitalia  had  already  benefitted  from  two  loans  in  2017  -  which  the 
Commission found unlawful and incompatible aid in a decision of September 2021415 -, and 
the  2019  loan  was  therefore  in  breach  of  the  one-time-last-time  principle  under  the  Rescue 
and Restructuring Guidelines (R&R Guidelines)416. 

8.2.2.  Prolongation  of  the  transitional  period  for  operating  aid  to  regional  airports 

under the 2014 Aviation Guidelines  

The 2014 Aviation Guidelines include a transitional period (expiring in  April 2024), during 
which  operating  aid  to  airports  with  less  than  3  million  passengers  can  be  allowed.  The 
COVID-19 pandemic heavily affected the aviation sector and resulted in a sharp decrease in 
traffic  at  EU  airports.  Therefore,  on  7  July  2023,  the  Commission  decided  to  prolong  the 
operating aid provisions under the Aviation Guidelines until 4 April 2027, to allow airports to 

412  Cases  SA.57543  and  SA.58324,  Denmark  and  Sweden  -  COVID-19:  Recapitalisation  of  SAS;  SA.62161, 
Lithuania  – Aid to  Vilnius airport; SA.104639,  Italy  - COVID-19:  Damage  compensation scheme for ground-
handling providers operating at Sardinian airports; SA.105331, Slovenia – State aid scheme to ensure enhanced 
air  connectivity  in  Slovenia;  SA.104957,  France  -  Aide  sous  forme  de  compensation  à  la  société  Air  France; 
SA.105987, Bulgaria - TCF: Concession fee deferral for Burgas and Varna airports.  
413 Communication from the Commission, Guidelines on State aid to airports and airlines, OJ C 99, 4.4.2014, 
p. 3. 
414 Case SA.55678, Italy – New loan to Alitalia. 
415 Case SA.48171, Italy – Complaints against alleged State aid to Alitalia. 
416 Communication from the Commission — Guidelines on State aid for rescuing and restructuring non-financial 
undertakings in difficulty, OJ C 249, 31.7.2014, p. 1. 

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adapt to the changed market realities, including in the post-Covid phase. The remainder of the 
Aviation Guidelines remains applicable without further changes417. 

8.2.3. Revision of the 2014 Aviation Guidelines  

In August  2023, the Commission  launched a revision of the  2014  Aviation  Guidelines. The 
Commission’s  Fitness  Check  of  the  2012  State  aid  modernisation  package  conducted  in 
2019- 2020 had identified the need to amend the Aviation Guidelines in the medium term to 
ensure they are fully aligned with the Green Deal Objectives and the Sustainable and Smart 
Mobility Strategy.  

8.2.4. Selected Court Judgments in aviation aid cases 

In  2023,  the  General  Court  decided  on  several  cases  related  to  recapitalisation  measures 
provided to airlines under the Temporary Framework418.  

In particular, in May 2023, the General Court annulled the Commission’s decision approving 
the  EUR  1billion  recapitalisation  by  Denmark  and  Sweden  of  SAS419.  In  its  judgment,  the 
General  Court  upheld  Ryanair’s  claim  that the  measure lacked a step-up mechanism for the 
equity  instrument420.  Following  the  judgment,  the  Commission  requested  additional 
information  from  Denmark  and  Sweden.  Subsequently,  the  Commission  approved  in 
November  2023  under 
the  EUR  833  million 
the  COVID  Temporary  Framework 
recapitalisation under the condition that the mechanism is put in place within the two months 
from the notification of that decision421. 

8.2.5. Merger enforcement in the aviation sector  

In  January  2023,  the  Commission  received  a  notification  of  the  proposed  acquisition  of 
Asiana Airlines (Asiana) by Korean Air Lines (Korean Air)422. Following the opening of an 
in-depth  investigation,  the  Commission  informed  Korean  Air  on  17  May  2023  of  its 
preliminary view that the proposed transaction could reduce competition in the provision of 
passenger transport services on four routes between the whole of the EU and South Korea as 
well  as  in  the  provision  of  cargo  transport  services  between  the  EU  and  South  Korea.  The 
Commission investigation showed that Korean Air and Asiana compete head-to-head in both 
the passenger and cargo markets between the EU and South Korea, and other airlines may be 
unlikely to exert sufficient competitive pressure on the merged entity due to various barriers. 
Korean Air submitted commitments to the Commission in November 2023. 

In  December  2023,  the  Commission  received  two  additional  notifications  in  the  aviation 
sector. Those concerned, first, the acquisition of joint control over the previously 100% state-
owned  Italian  network  carrier  Italia  Trasporto  Aereo  (ITA)  by  the  German  network  carrier 

417 Communication from the Commission extending the transitional period provided for in the Guidelines on 

State aid to airports and airlines concerning regional airports, OJ C 244, 11.7.2023, p. 1. 

418 See above Part I, section 3.5. 
419 Cases SA.57543 and SA.58324, Denmark and Sweden - COVID-19 - Recapitalisation of SAS 
420 Judgment of 10.5.2023, Case T-238/21, Ryanair v Commission, ECLI:EU:T:2023:247. 
421 See: https://ec.europa.eu/commission/presscorner/detail/en/IP_23_6096  
422 Case M.10149, Korean Air Lines/Asiana Airlines. 

88 

 
 
Deutsche  Lufthansa  AG  and  the  Italian  government.  The  second  notification  concerned  the 
acquisition by the  International Airlines Group, which includes the Spanish  network carrier 
Iberia,  of  its  Spanish  network  carrier  rival  Air  Europa.  That  notification  follows  an  earlier 
assessment of the same deal by the Commission in 2021 which resulted in an abandonment of 
the concentration in the light of the competition concerns raised by the Commission and the 
lack of suitable remedies. 

8.2.6. Antitrust rules in the maritime sector - Decision on the expiry of the Consortia 

Block Exemption Regulation 

On 10 October 2023, the Commission decided not to extend the EU legal framework which 
exempts  liner  shipping  consortia  from  EU  antitrust  rules  (Consortia  Block  Exemption 
Regulation  or  CBER)423.  The  Commission  considered  that  the  CBER  no  longer  promotes 
competition in the shipping sector and therefore it will let it expire on 25 April 2024424. 

The  decision  followed  a  review  process  launched  in  August  2022,  aimed  at  gathering 
evidence on the functioning of the CBER since 2020. The CBER allows shipping lines, under 
certain  conditions,  to  enter  into  cooperation  agreements  to  provide  joint  cargo  transport 
services, also known as ‘consortia’, and the regulation was set to expire in 2024. 

Also  on  10  October  2023,  a  Staff  Working  Document  summarising  the  findings  of  the  
evaluation  was  published.  Overall,  the  evidence  collected  from  the  stakeholders  points 
towards a low or limited effectiveness and efficiency of the CBER throughout the 2020-2023 
evaluation period. 

The  expiry  of  the  CBER  does  not  mean  that  cooperation  between  shipping  lines  becomes 
unlawful under EU antitrust rules. Instead, carriers operating to or from the EU will assess the 
compatibility of their co-operation agreements with EU antitrust rules based on the extensive 
guidance  provided  in  the  Horizontal  Block  Exemption  Regulation  and  the  Specialisation 
Block Exemption Regulation. 

8.2.7. State aid enforcement in the maritime transport sector 

In 2023, the Commission approved State aid measures under the  TCTF  granting emergency 
support  to  ferry  companies  providing  transport  services  between  Malta  and  the  island  of 
Gozo425, as well as between mainland Sweden and the island of Gotland426. These measures 
aim to remedy the liquidity shortage suffered by those companies caused by the sharp price 
increase of fuel because of Russia’s war of aggression against Ukraine. 

423 Communication to the Commission - Expiry of Commission Regulation (EC) No 906/2009 of 28 September 
2009  on  the  application  of  Article  81  (3)  of  the  Treaty  of  the  certain  categories  of  agreements,  decisions  and 
concerted practices between liner shipping companies (consortia), 10.10.2023, C(2023) 6700 final. 
424 See: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_4742  
425 Case SA.108217, Malta – TCTF - State aid measure to support undertakings involved in the maritime 
transport of persons and goods by high-speed craft between Malta and Sicily (Amendment to SA.104238, as 
amended by SA.104983). 
426 Case SA.109577, Sweden – TCTF - State aid measure to support companies operating ferry transport 
between mainland Sweden and Gotland.  

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8.2.8. Antitrust enforcement in the rail sector 

The  rail  sector  has  been  subject  to  several  antitrust  interventions  in  recent  years  and  the 
Commission continued its antitrust investigations in this sector in 2023. 

On 28 April 2023, the Commission opened proceedings against Renfe-Operadora, E.P.E. and 
its  subsidiary  Renfe  Viajeros,  S.M.E.,  S.A.  (together  Renfe),  the  Spanish  state-owned  rail 
incumbent operator, for an alleged infringement of Article 102 TFEU in the form of a refusal 
to  supply  all  Renfe  content  and  real-time  data  (RTD)  to  third-party  ticketing  platforms 
(TPTPs)427.  The  Commission  sent  to  Renfe  its  Preliminary  Assessment  on  the  same  day428. 
On  30  May  2023,  Renfe  submitted  formal  commitments  to  solve  the  competition  concerns 
identified  by  the  Commission  in  its  Preliminary  Assessment.  The  draft  commitments  were 
market tested between June and August 2023.  

8.2.9. State aid enforcement in the rail and intermodal transport sector  

In  2023,  the  Commission  continued  to  enforce  State  aid  rules  applicable  to  the  rail  and 
intermodal transport sector. The Commission approved 25 aid measures for the coordination 
of transport for a total amount of approved aid of EUR 6.8 billion, out of which 13429 on the 
basis of the 2008 State aid Railway Guidelines430 and 12431 directly under Article 93 TFEU, 

427 TPTPs are companies that display offers from different rail carriers and provide online ticketing services to 
customers  (for  example,  searching,  comparison,  booking  and  payment  services)  through  apps  or  websites.  To 
provide  their  services  in  a  competitive  manner,  TPTPs  need  to  have  access  to  Renfe’s  full  content  (tickets, 
discounts and features) and RTD (pre-journey, on-journey, and post-journey). 
428 See: Antitrust: Commission opens investigation (europa.eu) 
429  Cases  SA.107235,  Slovenia –  Prolongation  of  an aid  scheme  for  the  promotion  of  rail  freight  transport  in 
Slovenia;  SA.102707,  Italy  -  Italian  scheme  to  support  the  ERTMS  upgrade;  SA.103325,  Czechia  -  Ensuring 
interoperability  in  rail  transport  2023-2028;  SA.103967,  Bulgaria  -  RRF  -  Support  for  the  installation  of 
ERTMS equipment in zero-emission rolling stock; SA.104642, the Netherlands - Amendment of ERTMS scheme; 
SA.104723, Spain - Amendments to the existing scheme; SA.100486- Spain – RRF  TRTEL: Support Programme 
for Sustainable and Digital Transport – co-incentive to boost rail freight transport based on environmental and 
socio-economic  merit;  SA.104781,  Hungary  -  Scheme  on  excise  duty  exemptions  and  refunds  for  fuel  used  in 
railway and inland waterway transportation 2023-2029; SA.104980, Italy - Reintroduction of a State aid scheme 
for combined transport in the Province of Trento; SA.105120, Germany - Electricity brake for rail - Temporary 
cost containment of electricity price increases – rail transport operators; SA.105221, Germany - Prolongation 
of aid scheme for the promotion of rail freight transport; SA.105477, Belgique - Loi portant soutien au transport 
de voyageurs par trains de nuit; SA.105511, Italy - Reintroduction of a State aid scheme in support of combined 
transport  in  the  Province  of  Bolzano;  SA.109261,  Germany  -  Guideline  for  the  promotion  of  long-distance 
passenger rail services through track access charges reduction. 
430 Communication from the Commission — Community guidelines on State aid for railway undertakings, OJ C 
184, 22.7.2008, p. 13.  
431  Cases  SA.109419,  Slovakia  -  Amendment  of  the  Slovak  combined  transport  support  scheme  (SA.64465); 
SA.109142, France - Aide à l'investissement pour la création d’un terminal multimodal marchandises (autoroute 
ferroviaire)  à  Bayonne-Mouguerre;  SA.105210,  Poland  -  Construction  of  a  multimodal  terminal  in  Zduńska 
Wola  Karsznicach;  SA.104156,  Italy  -  Sea  Modal  Shift  incentive;  SA.104357,  France  -  Plan  d’Aide  à  la 
Modernisation et à l’Innovation (PAMI) de la flotte fluviale 2023  – 2027; SA.104364, France - Plan d'aide au 
report  modal  (PARM)  pour  les  années  2023-2027;  SA.104987,  Austria  -  Reintroduction  of  a  programme 
supporting the development of connecting railways and transfer terminals in intermodal transport 2023-2027; 
SA.106393, Germany - Intermodal service centre Horb-Heiligenfeld [BW, Germany]; SA.106519 – Germany - 
Amendment  and  prolongation  of  the  State  aid  scheme  for  modernisation  of  inland  waterway  fleet;  SA.64726, 

90 

 
 
 
encompassing aid for rail infrastructure use, aid for the reduction of external costs or aid for 
interoperability,  in  particular  to  support  the  deployment  of  the  European  Rail  Traffic 
Management System (ERTMS) as well as aid to promote the renewal of freight rolling stock.  

All  these  measures  support  the  modal  shift  from  road  to  rail,  inland  waterways  or  sea 
transport as the safer and more environmentally-friendly transport modes, which constitutes a 
priority  to  implement  the  European  Green  Deal  and  is  in  line  with  the  Commission’s 
Sustainable and Smart Mobility Strategy. 

On 18 January 2023, the Commission also opened a formal investigation against Fret SNCF, 
a  100%  subsidiary  of  the  State-owned  French  rail  operator  SNCF  SA.  The  investigation 
focusses  on  potential  aid  stemming  from  a  intra-group  financing  concluded  between  Fret 
SNCF and SNCF SA, the cancellation of the financial debt of Fret SNCF as well as capital 
injection432. 

In  June  2023,  the  Commission  adopted  revised  Interpretative  Guidelines  on  Regulation 
1370/2007 on public passenger transport services by rail and by road433, to reflect the updates 
brought  by  the  4th  Railway  Package  and  the  relevant  case  law  on  compliance  of 
compensation for public service obligations with State aid rules. While the transition period 
for  allowing  direct  award  of  public  service  contracts,  including  with  compensation,  in  the 
railway  sector  under  Regulation  1370/2007434  came  to  an  end  in  December  2023,  the 
Commission continued to pursue advocacy and discussions with Member States regarding the 
application of that Regulation. 

8.2.10. Revision of the State aid Railway Guidelines 

In  2023,  the  Commission  continued  the  revision  of  the  State  aid  Railway  Guidelines.  The 
revision  aims  to  put  the  objective  of  modal  shift  and  multimodality  into  focus,  clarify  and 
increase  support  possibilities  throughout  the  sustainable  land  transport  value  chain,  and 
simplify  procedures  by  introducing  for  the  first  time  a  block  exemption  for  the  land  and 
multimodal  transport  sector  following  the  adoption  of  the  Council  Regulation  (EU) 
2022/2586  of  19  December  2022  on  the  application  of  Articles  93,  107  and  108  TFEU  to 
certain categories of State aid in the rail, inland waterway, and multimodal transport sector. 

8.2.11. State aid enforcement in the road transport sector 

Through enforcement of State aid rules in the road transport sector, the Commission ensures 
inter  alia  that  compensation  granted  to  companies  entrusted  with  public  passenger  transport 

Italy - Aid scheme to promote the renewal of freight rolling stock; SA.32179, Italy - State aid measures in favour 
of  Trenitalia  and  FS  Logistica  (Ferrovie  dello  Stato),  under  the  form  of  transfers  of  infrastructure  assets; 
SA.32953,  Italy  -  State  aid  to  Trenitalia  in  form  of  compensation  for  a  public  service  obligation  in  the  rail 
freight sector. 
432 Case SA.61880, France – Alleged State aid to Fret SNCF.  
433  Commission  notice  on  interpretative  guidelines  concerning  Regulation  (EC)  No  1370/2007  on  public 
passenger transport services by rail and by road, OJ C 222, 26.6.2023, p. 1. 
434 Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public 
passenger  transport  services  by  rail  and  by  road  and  repealing  Council  Regulations  (EEC)  Nos  1191/69  and 
1107/70, OJ L 315 3.12.2007, p. 1.  

91 

 
 
services does not go beyond what is necessary for the performance of their obligations, also in 
line with Regulation 1370/2007 where applicable.  

In  2023,  the  Commission  adopted  several  decisions  concerning  emergency  support  to  road 
transport  operators  under  the  TCTF.  The  measures  aim  to  remedy  the  liquidity  shortage 
suffered by those companies caused by the sharp price increase of natural gas, electricity, fuel 
and raw materials due to Russia’s war of aggression against Ukraine.  

For  instance,  the  Commission  adopted  decisions  concerning  liquidity  support  to  passenger 
bus transport operators and road haulage operators in Italy435, to road haulage operators in 
Ireland436,  and  passenger  bus  transport  operators  in  Greece437.  The  Commission  also 
approved the reintroduction with amendments of two aid measures supporting passenger bus 
transport operators in Italy438. 

In  addition,  on  30  November  2023,  the  Commission  adopted  a  decision  approving  aid  to 
RATP  under  Article  107(2)(b)  TFEU  as  compensation  for  the  damages  suffered  in  Île  de 
France due to the restrictions put in place during the COVID-19 pandemic 439.440 

8.2.12. State aid enforcement in the postal services sector 

The enforcement of State aid rules by the Commission in the sector for postal services ensures 
that providers in this sector, in particular those  entrusted with the provision of the universal 
postal  service,  compete  fairly with  other market  participants, that State aid beneficiaries are 
not shielded from market developments and competitive pressure, and that incentives exist to 
foster innovation, productivity, and efficiency in the sector.  

On  7  December  2023,  the  Commission  approved  a  compensation  for  La  Poste  for  the 
provision of the Universal Service Obligation  (USO) in France for the period 2021-2025441. 
This aid aims to ensure that La Poste performs the USO in the period concerned, including the 
delivery,  at  every  citizen’s  domicile,  six  days  a  week,  of  postal  items  up  to  two  kilograms, 
postal packages up to 20 kilograms, and registered letters. 

435  Case  SA.108572,  Italy  -  TCTF  -  Emergency  Support  Scheme  for  Haulage  Operators  (amendment  to 
SA.103480, as amended by SA.103966). 
436  Case  SA.106873,  Ireland  -  Forest  Road  Scheme  Aid  for  investments  in  infrastructure  related  to  the 
development, modernisation or adaptation of the forestry sector (Article 49).  
437  Case  SA.107565,  Greece  -  TCTF  -  Aid  to  KTEL  and  KTEL  SA  bus  companies  and  individual  carriers 
operating unprofitable island routes due to the rise in diesel fuel prices.  
438  Case  SA.107706,  Italy  -  TCTF  -  Emergency  support  to  bus  transport  operators  (2nd  Reintroduction  of 
Scheme SA.104566).  
439 Case SA.108576, France - COVID-19 - Compensation for the damages incurred by RATP due to the COVID-
19 pandemic. 
440 For further decisions, see Part 2, Section 1.2.2. e-mobility. 
441 Case SA.100746, France – Aide d’État à La Poste en contrepartie du service universel postal au titre des 
années 2021 – 2025. 

92 

 
 
8.2.13. Merger enforcement in the travel industry 

On 25 September 2023, the Commission prohibited the proposed acquisition of Flugo Group 
Holdings AB (eTraveli) by Booking Holdings (Booking)442. Both companies are leading online 
travel agencies (OTAs). OTAs provide an important intermediation service, matching demand 
and  supply  for  travel  services,  which  include  accommodation,  flights,  car  rentals,  and 
attractions. Booking is mainly a hotel OTA while eTraveli is focused on flights.  

The  Commission  found  that  the  acquisition  of  eTraveli  would  have  allowed  Booking  to 
strengthen  its  dominant  position  on  the  market  for  hotel  OTA  services  in  the  EEA,  and  to 
acquire  a  main  customer  acquisition  channel  because  flight  OTAs  generate  a  significant 
amount of traffic and are often the first step in the planning of a trip. This would have allowed 
Booking  to  benefit  to  a  greater  extent  from  customer  inertia  because  a  significant  share  of 
these  additional  consumers  would  have  stayed  on  Booking's  platforms.  Consequently,  the 
transaction  would  have  allowed  Booking  to  expand  its  ecosystem  of  services,  reinforced 
network effects and increased barriers to entry and expansion, making it harder for competing 
OTAs  to  develop  a  customer  base  capable  of  supporting  a  hotel  OTA  business.  The 
strengthening  of  Booking's  dominant  position  would  have  further  increased  its  bargaining 
position  towards  hotels  and  diverted  demand  from  cheaper  sales  channels  to  Booking.  This 
could have resulted in higher cost for hotels and, possibly, consumers. 

8.2.14. Merger enforcement in the market research industry 

In  July  2023,  the  Commission  approved  the  acquisition  of  GfK  SE  (GfK)  by  its  US  rival, 
NielsenIQ, subject to conditions443. NielsenIQ and GfK are two of the main market research 
companies in the EEA. NielsenIQ is controlled by Advent International, an investment fund 
based in the United States. 

During  its  phase  I  investigation,  the  Commission  identified:  (i)  horizontal  concerns  with 
regard  to  Germany  and  Italy,  where  the  transaction  would  have  created  a  monopoly  in 
consumer  panel  services;  (ii)  vertical  concerns  in  relation  to  Germany,  Italy  and  the 
Netherlands where NielsenIQ would have had the possibility to foreclose its rivals from the 
supply  of  consumer  panel  data  regarding  consumer  purchases  at  certain  discounters  which 
constitutes  an  important  input  for  the  retail  measurement  services  of  these  rivals;  and,  (iii) 
conglomerate concerns, as NielsenIQ would have had the ability and incentive following the 
transaction  to  offer  retail  measurement  and  consumer  panel  services  as  a  bundled  offer, 
particularly  to  large  multinational  customers,  either  within  the  same  or  across  various 
Member  States  throughout  the  EEA,  so  as  to  foreclose  its  rivals  from  access  to  large 
multinational customers.  

The  clearance  was  conditional  on  the  divestment  of  GfK’s  worldwide  consumer  panel 
services  business  (with  an exception  for Russia to  facilitate the divestiture). The divestment 
included  all  GfK  consumer  panels  and  relevant  data,  know  how,  personnel,  and  offices 
thereby solving all concerns identified by the Commission. 

442 Case M.10615, Booking Holdings / eTraveli Group.  
443 Case M.10860, Advent / GFK. 

93 

 
 
8.2.15. Revised SGEI de minimis Regulation adopted 

On  13  December  2023,  the  Commission  adopted  Regulation  (EU)  2023/2832  on  the 
application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to 
de  minimis  aid  granted  to  undertakings  providing  services  of  general  economic  interest 
(SGEI)444.  This  Regulation  entered  into  force  on  1  January  2024  and  replaced  Regulation 
(EC) No 360/2012445, which expired on 31 December 2023.  

With  the  adoption  of  new  regulation,  the  Commission  increased  the  SGEI  de  minimis 
threshold that a single undertaking may receive per Member State over any period of 3 years 
from  EUR  500  000  to  EUR 750 000,  to  reflect  the  inflation  that  has  taken  place  since  the 
entry into force of Regulation No 360/2012.  

In  addition,  the  Commission  aligned  certain  concepts  with  the  general  de  minimis 
Regulation446 to ensure consistency between the general and the SGEI de minimis Regulations 
and  to  simplify  the  enforcement  of  both  Regulations.  Finally,  the  Commission  strengthened 
the  transparency  requirements  by  introducing  a  mandatory  public  register  at  national  or  EU 
level. 

8.2.16. State aid enforcement in the education sector 

Through the enforcement of State aid rules in the education sector, the Commission ensures 
that  competition  between  private  and  public  educational  services  providers  is  not  distorted, 
while  allowing  for  Member  States  to  support  the  establishment  and  development  of 
educational  institutions  throughout  their  territory  and  enhance  the  level  of  educational 
services provided. 

In a decision of 10 July 2023, the Commission concluded that public funding granted to the 
Merz-Akademie,  a  Stuttgart-based  private  higher  education  institute  for  art,  design,  and 
media, does not constitute State aid in the sense of Article 107(1) TFEU447. The Commission 
found that the Merz-Akademie was not an undertaking performing economic activities, since 
its  activities  are  predominantly  financed  by  public  funds  rather  than  by  user  fees  or  other 
commercial means and since it forms part of the public higher education system and is under 
supervision of the State. 

On  20  July  2023,  the  Commission  approved  based  on  Article  107(3)(c)  TFEU,  a  Slovak 
scheme  aiming  at  providing  investment  aid  to  non-State  educational  institutions  operating 
kindergartens  and  primary  schools  listed  in  certain  areas,  to  enable  them  to  develop  their 
economic activities and create additional capacity that complements the educational services 

444 Commission Regulation (EU) 2023/2832 of 13 December 2023 on the application of Articles 107 and 108 of 
the  Treaty  on  the  Functioning  of  the  European  Union  to  de  minimis  aid  granted  to  undertakings  providing 
services of general economic interest, OJ L, 2023/2832, 15.12.2023. 
445 Commission Regulation (EU) No 360/2012 of 25 April 2012 on the application of Articles 107 and 108 of the 
Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services 
of general economic interest Text with EEA relevance, OJ L 114, 26.4.2012, p. 8.  
446 Commission Regulation (EU) 2023/2831 of 13 December 2023 on the application of Articles 107 and 108 of 
the Treaty on the Functioning of the European Union to de minimis aid, OJ L, 2023/2831, 15.12.2023. 
447 Case SA.53750, Germany - Alleged aid to the Merz Akademie in Baden-Württemberg.  

94 

 
 
provided by the State448. All  funding earmarked for the scheme in  the State budget  is  made 
available through the RRF. 

448  Case  SA.104356,  Slovakia  -  RRF  -  Aid  to  infrastructure,  equipment  and  facilities  of  kindergartens  and 
primary schools.  

95 

 
 
 
ANNEX 1 

Temporary  Framework  for  State  aid  measures  to  support  the  economy  during  the 
COVID -19 pandemic: Decisions adopted by the Commission in 2023, by country  

Nr. 

Member State 

Case number 

Title 

Decision date 

1  Denmark 

SA.103141 

2  Denmark 

SA.57543 

3  Romania 

SA.106181 

4  Sweden 

SA.58342 

COVID-19 - DK - State 
guarantee for travel 
operators of the Travel 
Guarantee Fund 
Denmark – COVID19 
recapitalisation of SAS 
COVID-19: Prolongation 
of the scheme SA.103503 
(2022/N), as already 
amended 
Sweden – COVID19 
recapitalisation of SAS 

12/01/2023 

29/11/2023 

13/02/2023 

29/11/2023 

ANNEX 2 

State  aid  decisions  adopted  in  2023  directly  under  the  Treaty  to  support  the  economy 
during the COVID -19 pandemic, by country 

Nr. 

Member State 

Case number 

Title 

Decision date 

1  Austria 

SA.108173 

2  France 

SA.104957 

3  France 

SA.103744 

4  France 

SA.108576 

5  France 

SA.109142 

6 

Italy 

SA.104639 

96 

COVID-19: Damage 
Compensation Scheme 
under Article 107(2)(b) 
TFEU 
SA.104957 - Aide sous 
forme de compensation à 
la société Air France 
Air Austral - 
Compensation pour les 
dommages causés par la 
pandémie COVID-19 
RATP - Aide visant à 
compenser les dommages 
liés à la pandémie de 
COVID-19 
Aide à l'investissement 
pour la création d’un 
terminal multimodal 
marchandises (autoroute 
ferroviaire) à Bayonne-
Mouguerre 
COVID-19: Damage 

10/08/2023 

16/02/2023 

02/05/2023 

20/11/2023 

11/12/2023 

05/04/2023 

 
 
 
 
 
 
7 

Italy 

SA.104304 

8  Netherlands 

SA.105783 

compensation scheme for 
ground-handling providers 
operating at Sardinian 
airports 
COVID-19: Aid to travel 
agencies and tour 
operators 
COVID-19: Amendment 
to the Guaranteed 
Compensation Scheme for 
Annulled Events 
(amendment to SA.62743 
and SA.100223) 

24/11/2023 

27/01/2023 

ANNEX 3 

Temporary  Crisis  Framework/Temporary  Crisis  and  Transition  Framework  for  State 
Aid  measures  to  support  the  economy  following  Russia’s  war  of  aggression  against 
Ukraine: Decisions adopted by the Commission in 2023, by country 

Nr 

Member State 

1  Austria 

Case number 
SA.105069 

2  Austria 

SA.105348 

3  Austria 

SA.106782 

4  Austria 

SA.106615 

5  Austria 

SA.107960 

6  Austria 

SA.108877 

7  Austria 

SA.109170 

8  Austria 

SA.109223 

Decision date 

19/01/2023 

04/04/2023 

04/04/2023 

24/04/2023 

10/07/2023 

18/10/2023 

03/11/2023 

17/11/2023 

Title 
TCF - Austria: Aid for the 
reduction of electricity 
consumption 
TCF/TCTF: Credit line 
agreements between Wiener 
Stadtwerke GmbH and the City 
of Vienna 
TCTF: Special directive on 
electricity cost subsidy for 
agriculture and aquaculture 
sectors 
TCTF – Austria - Amendment 
to SA.104439 - Energy cost 
subsidy for enterprises 
TCTF - Austria - Second 
amendment to SA.104439 - 
Energy cost subsidy for 
enterprises 
TCTF 2.2: Bridging guarantees 
for energy costs under the SME 
Promotion Act 
TCTF - Scheme for accelerated 
investments in sectors strategic 
for the transition towards a net-
zero economy   
TCTF – Austria –Third 
amendment to SA.104439 - 
Energy cost subsidy for 
enterprises (as previously 
amended by SA.106615 and 
SA.107960) 

97 

 
 
 
 
9  Austria 

SA.109337 

10  Austria 

SA.110312 

11  Belgium 

SA.106234 

12  Belgium 

SA.105315 

13  Belgium 

SA.105513 

14  Belgium 

SA.106461 

15  Belgium 

SA.106390 

16  Belgium 

SA.106960 

17  Belgium 

SA.107275 

18  Belgium 

SA.109169 

19  Bulgaria 

SA.105987 

20  Bulgaria 

SA.106681 

TCTF - Austria - Energy cost 
subsidy for enterprises II (for 
costs incurred in 2023) 
TCTF - Austria - Energy cost 
subsidy for enterprises I and II - 
Fourth amendment to 
SA.104439 (2022/N) (as 
previously amended by 
SA.106615 (2023/N), 
SA.107960 (2023/N) and 
SA.109223 (2023/N)) and 
amendment to SA.109337 
(2023/N) 
TCF – Brussels-Capital Region 
aid scheme for energy costs to 
enterprises affected by the 
direct and indirect economic 
consequences of Russia's 
aggression against Ukraine 
Belgium - TCF - Support 
measures in response to rising 
energy prices for the health and 
social work sectors in Wallonia. 
TCF: aid for undertakings in the 
framework of the energy crisis 
in the fourth quarter of 2022 in 
the Walloon region 
TCF - Brussels grant scheme for 
energy-saving investments 

TCTF - AMENDMENT - 
Belgium - Aid to undertakings 
confronted with increased 
energy costs 
TCTF: Reintroduction of the 
scheme SA.103842 (2022/N) 
“TCF:  Walloon schemes of 
limited amounts of aid, 
guarantees and subsidised  
loans” 
TCTF: aid for undertakings in 
the framework of the energy 
crisis in the Walloon region 
TCTF-RRF-Décarbonation des 
entreprises wallonnes - 
Renforcement des 
investissements dans les chaînes 
de valeur liées à la transition 
énergétique. 
TCF: Concession fee deferral 
for Burgas and Varna airports 

TCTF: Aid to support the 
liquidity of farmers to overcome 
the negative economic impact 
of Russian aggression against 

98 

17/11/2023 

20/12/2023 

13/02/2023 

15/02/2023 

17/02/2023 

02/03/2023 

31/03/2023 

08/05/2023 

26/05/2023 

15/12/2023 

08/02/2023 

24/03/2023 

 
21  Bulgaria 

SA.107863 

22  Bulgaria 

SA.109279 

23  Bulgaria 

SA.109409 

24  Bulgaria 

SA.107425 

25  Bulgaria 

SA.110212 

26  Bulgaria 

SA.109910 

27  Cyprus 

28  Cyprus 

SA.105732 

SA.107895 

29  Cyprus 

SA.109516 

30  Czechia 

SA.106203 

31  Czechia 

SA.106204 

32  Czechia 

SA.106657 

14/06/2023 

20/09/2023 

27/09/2023 

10/10/2023 

29/11/2023 

19/12/2023 

16/01/2023 

20/06/2023 

16/10/2023 

16/02/2023 

24/02/2023 

27/03/2023 

Ukraine 

TCTF: Aid to support costs of 
water for irrigation in the 
cultivation of agricultural crops 
TCTF: Aid to support the 
liquidity of farmers to overcome 
the negative economic impact 
of Russian aggression against 
Ukraine (amendment to 
SA.106681 (2023/N)) 
TCTF: Aid to support the 
liquidity of farmers to overcome 
the negative economic impact 
of Russian aggression against 
Ukraine (amendment to 
SA.106681 (2023/N)) 
TCF: Granting of a loan to 
Bulgargaz EAD for the 
purchase of natural gas and for 
the provision of working capital 
TCTF: Aid to support the 
liquidity of farmers to overcome 
the negative economic impact 
of Russian aggression against 
Ukraine (amendments to 
SA.106681 (2023/N)) 
TCTF: State guarantees to 
secure loans in favour of 
Bulgargaz 
TCF: State aid scheme for the 
citrus sector 
TCTF: State Aid Scheme for 
sheep and goat sector 

TCTF: State Aid Scheme for the 
support of farmers in West 
Nicosia area due to the increase 
cost of production 
TCF: Opex – Food producers – 
Loan Principal Reduction 

TCF: Reintroduction of the 
scheme SA.103619 (2022/N) 
"TCF: Opex 2022 – Loan 
Principal Reduction" 
TCTF - Czechia: Extension of 
the aid in relation to additional 
costs due to exceptionally 
severe increases in natural gas 
and electricity prices 
(amendments to SA.104342) 

99 

 
33  Czechia 

SA.107597 

34  Czechia 

SA.103703 

35  Czechia 

SA.107138 

36  Czechia 

SA.109055 

37  Germany 

SA.108068 

38  Germany 

SA.110452 

39  Germany 

SA.108499 

40  Denmark 

SA.107801 

41  Denmark 

SA.108195 

42  Denmark 

SA.107407 

43  Estonia 

SA.106614 

44  Estonia 

SA.108671 

45  Estonia 

SA.109165 

46  Estonia 

SA.110542 

47  Greece 

SA.105295 

TCTF: The program to support 
customers in the heating 
industry related to the high price 
of heat energy under the 
Temporary Crisis Framework 
for State aid measures to 
support the economy after 
Russia's aggression against 
Ukraine 
TCF: Loan scheme to support 
Producers Operating on the 
Energy Market 
Czechia - TCTF: Temporary 
price scheme to reduce impact 
of natural gas and electricity 
price increases on undertakings 
TCTF: Modernisation Fund – 
Programme ENERG ETS  

TCTF: aid to support the 
transition to a net-zero economy 

TCTF: Prolongation of and 
amendments to the scheme 
SA.102542 (amended by 
SA.104019 and SA.104756) 
TCTF - Germany: Production of 
green hydrogen in JTF regions 

TCTF: Limited amounts of aid 
to end-users faced with high 
administrative costs related to 
the payment deferral scheme for 
electricity, gas and heating 
TCTF: Amendment to 
SA.104461 (2022/N) - Payment 
deferral scheme for electricity, 
gas, and heating consumers  
TCTF - Danish aid measure to 
ensure sufficient supply of 
critical medicines 
 TCTF: Exceptional support for 
agricultural and food producers   

TCTF: Support for investments 
in the food industry to ensure 
security of energy supply 2023 
TCTF: Support for the 
investments to ensure security 
of energy supply (EBIA) 
TCTF-RRF: Support for the 
investments to ensure security 
of energy supply (EBIA) 
TCF: State Aid Grants to 
agricultural undertakings due to 
the energy crisis and the 
increase in the cost of fertilisers 

100 

19/06/2023 

26/07/2023 

23/08/2023 

06/10/2023 

19/07/2023 

12/12/2023 

19/12/2023 

31/07/2023 

31/07/2023 

21/09/2023 

07/07/2023 

31/07/2023 

18/09/2023 

15/12/2023 

31/01/2023 

 
48  Greece 

SA.105829 

49  Greece 

SA.106710 

50  Greece 

SA.107303 

51  Greece 

SA.106574 

52  Greece 

SA.107565 

53  Greece 

SA.107301 

54  Greece 

SA.109792 

55  Greece 

SA.107915 

56  Spain 

SA.106281 

57  Spain 

SA.106016 

58  Spain 

SA.107094 

59  Spain 

SA.108920 

60  Spain 

SA.108653 

TCF - Aid to newspaper 
publishers (amendments to 
SA.104056) 
TCTF: Grants in the agricultural 
sector and in particular in the 
sectors of apples and chestnuts 
nationwide 
TCTF: State Aid Grants in the 
agricultural sector, in particular 
in the sectors of pears, Krokos 
(safran), tobaccos, Corinthian 
raisins, asparagus and apiculture 
products (notably honey 
products) nationwide 
TCTF - Greece: Re-introduction 
of aid scheme to non-household 
electricity consumers up to 35 
kVA, operating as bakeries or 
on an agricultural tariff 
TCTF -Aid to KTEL and KTEL 
SA  bus companies and 
individual carriers operating 
unprofitable island routes due to 
the rise in diesel fuel prices 
TCTF - Financial support 
scheme for providers of 
nationwide free-to-air digital 
terrestrial television 
broadcasting 
TCTF: Re-introduction of 
subsidy to companies affected 
by Russia's aggression on 
Ukraine and international 
sanctions imposed 
TCTF - Support scheme for 
energy-intensive consumers 

Third amendment to the 
National Guarantee Scheme 
(SA.102711) 
TCTF - Spain - Aid scheme for 
compensation of additional 
costs due to exceptionally 
severe increases in natural gas 
prices 
 RRF - TCTF: INTEGRATED 
ACTION LINE ON THE 
INDUSTRIAL VALUE 
CHAIN – BATTERIES 
TCTF-RRF-Amendment to 
SA.107094 (Spanish 2.8 TCTF 
scheme) 
TCTF - RRF - Reinforcement of 
the value chain of renewable 
energy and storage 

101 

02/02/2023 

31/03/2023 

12/05/2023 

16/05/2023 

24/07/2023 

16/10/2023 

01/12/2023 

19/12/2023 

17/02/2023 

24/04/2023 

11/05/2023 

21/09/2023 

28/11/2023 

 
61  Spain 

SA.110430 

62  Spain 

SA.110744 

63  Spain 

SA.110472 

64  Finland 

SA.105251 

65  Finland 

SA.105915 

66  Finland 

SA.106431 

67  Finland 

SA.106260 

68  Finland 

SA.108296 

69  Finland 

SA.105338 

70  Finland 

SA.110320 

71  France 

SA.105134 

72  France 

SA.106481 

TCTF: Modifications to State 
aid case SA.102771 “TCF: 
Umbrella Scheme” (as amended 
by SA.104884 and SA.103941) 
RRF-TCTF: Integrated action 
line on the industrial value 
chain – batteries (PERTE: 
electric and connected vehicles) 
(prolongation of SA.107094) 
TCTF: Fourth Amendment to 
the National Guarantee Scheme 
(SA.102711) 
TCF: Modifications to 
SA.103159, SA.103386 and 
SA.104224  
TCF: Support in the form of 
guarantees for electricity trading  
companies in the Åland region 
TCF: Temporary aid for 
agriculture and aquaculture for 
increased electricity and 
fertilizer costs 
TCTF measures to support final 
customers of electricity 

TCTF: Temporary cost 
compensation aid to 
undertakings active in the 
agricultural and aquaculture 
sectors 
SA.105338 TCTF-RRF: 
Support for the development of 
renewable methane and 
renewable mathanol production 
TCTF: Temporary emergency 
support for dairy producers in 
response to the cost crisis in 
agriculture caused by Russia's 
invasion of Ukraine 
TCF: Exceptional tax credit to 
support the elimination of 
glyphosate in connection with 
the difficulties encountered by 
the agricultural sector due to 
Russian aggression against 
Ukraine 
TCF: Régime cadre temporaire 
relatif aux mesures d’aides pour 
limiter la hausse des prix de 
l’électricité pour les PME en 
France en 2023 ("amortisseur 
électrique") 

12/12/2023 

19/12/2023 

20/12/2023 

06/01/2023 

07/02/2023 

01/03/2023 

23/03/2023 

26/07/2023 

30/10/2023 

21/12/2023 

10/01/2023 

04/04/2023 

102 

 
73  France 

SA.106802 

74  France 

SA.107474 

75  France 

SA.107440 

76  France 

SA.108091 

77  France 

SA.108694 

78  France 

SA.108916 

79  France 

SA.107668 

80  France 

SA.109672 

81  France 

SA.109962 

TCTF: Support scheme for 
fishing companies to cope with 
the increase in the prices of raw 
materials and in particular 
energy linked to the Russian 
aggression against Ukraine 
(amendments to SA.102839 
(2022/N)) 
TCTF: Exceptional scheme to 
cover the economic losses of the 
lavender sector caused by the 
consequences of Russia's 
military aggression against 
Ukraine 
TCTF - France: Prolongation de 
la durée du débridage 
d'installations éoliennes 
terrestres 
TCTF: Exceptional scheme to 
cover the additional costs of 
inputs for farms producing 
starch potatoes 
TCTF: Exceptional scheme for 
covering the economic losses of 
agricultural sectors specialised 
in organic production 
TCTF: Exceptional scheme for 
fruit and vegetables farms in the 
French outermost regions due to 
the price increases of fertilizers 
and soil conditioners 
TCTF - France: Régime 
temporaire relatif aux aides 
visant à accélérer le 
déploiement des énergies 
renouvelables grâce aux 
investissements en faveur de 
l’utilisation de combustibles 
solides de récupération (CSR) 
TCTF: Support scheme for 
fishing companies to cope with 
the increase in the prices of raw 
materials and in particular 
energy linked to the Russian 
aggression against Ukraine 
(amendments to SA.102839 
(2022/N)) 
TCTF: Exceptional scheme for 
fruit and vegetables farms in the 
French outermost regions due to 
the price increases of fertilisers 
and soil conditioners 
(amendment to SA.108916 
(2023/N)) 

103 

14/04/2023 

23/05/2023 

13/06/2023 

06/07/2023 

03/08/2023 

28/08/2023 

06/10/2023 

20/10/2023 

14/11/2023 

 
82  France 

SA.105381 

83  France 

SA.110282 

84  France 

SA.110574 

85  France 

SA.110576 

86  France 

SA.110526 

87  France 

SA.110832 

88  Croatia 

SA.104708 

89  Croatia 

SA.107858 

90  Croatia 

SA.107869 

91  Croatia 

SA.108270 

France – TCTF – Régime de 
soutien à deux parcs éoliens 
flottants en mer dans le golfe du 
Lion 
Dispositif exceptionnel de prise 
en charge des pertes 
économiques des exploitations 
filières agricoles spécialisées 
dans la production biologique  
TCTF: Exceptional scheme for 
fruit and vegetables farms in the 
French outermost regions due to 
the price increases of fertilisers 
and soil conditioners 
(amendments to SA.108916 
(2023/N)) 
TCTF: Exceptional scheme for 
the reduction of the social 
security contributions in favour 
of undertakings in the 
agriculture, forestry and 
aquaculture sectors strongly 
affected by the consequences of 
the Russian aggression against 
Ukraine (amendments to 
SA.102783 (2022/N)) 
TCTF: Support scheme for 
fishing companies to cope with 
the increase in the prices of raw 
materials and in particular 
energy linked to the Russian 
aggression against Ukraine 
(amendment to SA.102839 
(2022/N)) 
TCTF: : Prolongation et 
amendement du régime 
SA.106481 
TCF: State aid programme for 
compensation of energy price 
growth in sectors for processing 
of agricultural products. 
TCTF: State aid Programme for 
compensation of increase in 
production costs in the livestock 
and crop production sectors 
TCTF: Portfolio and individual 
insurance policy of liquidity and 
investment loans for exporters 
(amendments to SA.103167 and 
SA.105227) 
TCTF - HR - State aid 
programme for compensation of 
milk collection costs for small 
capacity dairies 

104 

07/12/2023 

08/12/2023 

13/12/2023 

13/12/2023 

20/12/2023 

21/12/2023 

12/01/2023 

12/06/2023 

30/06/2023 

25/07/2023 

 
92  Hungary 

SA.106542 

93  Hungary 

SA.104385 

94  Hungary 

SA.107379 

95  Hungary 

SA.102428 

96  Hungary 

SA.107772 

97  Hungary 

SA.107689 

98  Hungary 

SA.110218 

99 

Ireland 

SA.106462 

100 

Ireland 

SA.105803 

101 

Ireland 

SA.106523 

102 

Ireland 

SA.105135 

103 

Ireland 

104 

Ireland 

SA.107951 

SA.108461 

TCF: Amendments to 
SA.103089 (as amended) and 
SA.104515 (as amended) 
TCTF - Hungary - Aid for 
additional costs due to 
exceptionally severe increases 
in natural gas and electricity 
prices 
Amendment request of the 
Hungarian TCTF umbrella 
scheme SA.103089 (as 
amended) 
TCTF - RRF: Aid for energy 
storage facilities for the 
integration of weather variable 
renewable energy sources 
TCTF: Hungarian Development 
Bank agricultural, fishing and 
food industry working capital 
loan scheme in the form of 
subsidized loans 
TCTF: Hungarian TCTF 
scheme for accelerated 
investments in sectors strategic 
for the transition towards a net-
zero economy 
Block-notification TCTF: 
amendment request to 
SA.103089 (amended by 
SA.104009, SA.104850, 
SA.106542, SA.107379) and 
SA.104385 TCTF schemes to 
support companies in context of 
Russia's invasion of Ukraine 
TCF: Licensed Road Haulage 
Operators Emergency Support 
Scheme (re-introduction of 
scheme SA.102559) 
Microelectronics Manufacturers 
Ukraine Enterprise Crisis 
Scheme 
TCTF - Ireland: Modification of 
the Temporary Business Energy 
Support Scheme  
TCTF - Amendments to State 
Aid Approval SA.54683 
(2020/N) – Ireland Renewable 
Electricity Support Scheme 
(RESS) 
TCTF: Tillage Incentive 
Support Scheme 2023 
TCTF: Business Users Support 
Scheme for Kerosene 

09/03/2023 

13/04/2023 

13/06/2023 

21/06/2023 

26/06/2023 

28/07/2023 

06/12/2023 

09/03/2023 

20/03/2023 

31/03/2023 

13/06/2023 

12/07/2023 

26/07/2023 

105 

 
105 

Ireland 

SA.110813 

106 

Italy 

SA.105254 

107 

Italy 

SA.105350 

108 

Italy 

SA.105118 

109 

Italy 

SA.105004 

110 

Italy 

SA.105509 

111 

Italy 

SA.106254 

112 

Italy 

SA.106575 

113 

Italy 

SA.106007 

114 

Italy 

SA.106008 

115 

Italy 

SA.106009 

116 

Italy 

SA.107149 

117 

Italy 

SA.107150 

TCTF: Prolongation of schemes 
SA.103569, as already 
amended, SA.105803 and 
SA.107951 
TCF: Amendments to scheme 
SA.103947 (2022/N) “Italy. 
TCF: Scheme to support 
undertakings active in 
Lombardy affected by the 
Russian aggression against 
Ukraine” 
Support to the productive 
system in Campania Region 

SA.105118 - Italy - TCF - 
Support to tourist transport 
operators by covered buses (non 
PSO) 
TCF: Framework scheme FVG 
(Re-introduction of SA.102721) 

TCF: Emilia-Romagna 
Regional draft framework 
scheme under section 2.1 of the 
TCF 
TCF - Limited amounts of aid 
to artistic ceramic and crystal 
producers of Murano  
TCTF - Emergency support to 
bus transport operators 
(Reintroduction of Scheme 
SA.104566) 
TCTF - RRF - Italy: Support for 
the development of hydrogen 
valleys 
TCTF: exemption from the 
payment of social contributions 
for the hiring of women 
TCTF: Exemption from the 
payment of social security 
contributions for hiring young 
workers 
TCTF: DIRECT GRANTS TO 
COMPANIES WITH 
COMMERCIAL 
RELATIONSHIPS IN 
UKRAINE, RUSSIA AND 
BELARUS AFFECTED BY 
THE CURRENT CRISIS – 
2023 
TCTF: DIRECT GRANTS TO 
COMPANIES RELYING ON 
SUPPLY FROM URKAINE, 
RUSSIA AND BELARUS 
AFFECTED BY THE 
CURRENT CRISIS – 2023 

106 

20/12/2023 

13/01/2023 

23/01/2023 

31/01/2023 

02/02/2023 

16/02/2023 

01/03/2023 

31/03/2023 

03/04/2023 

19/06/2023 

19/06/2023 

19/06/2023 

19/06/2023 

 
118 

Italy 

SA.107706 

119 

Italy 

SA.108624 

120 

Italy 

SA.108084 

121 

Italy 

122 

Italy 

123 

Italy 

124 

Italy 

125 

Italy 

SA.108490 

SA.108572 

SA.107711 

SA.107640 

SA.108573 

126 

Italy 

SA.108575 

127 

Italy 

SA.108953 

128 

Italy 

SA.108571 

129 

Italy 

SA.108803 

130 

Italy 

SA.108654 

131 

Italy 

SA.108579 

132 

Italy 

SA.110322 

TCTF - Italy TCTF: Emergency 
support to bus transport 
operators (2nd Reintroduction 
of Scheme SA.104566) 
TCTF: Support to the 
productive system in Campania 
Region (amendments to 
SA.105350) 
TCTF: Guarantees on credits 
granted to agricultural and 
fishing companies for the 
construction of plants for the 
production of renewable energy 
TCTF: Abruzzo – Regional 
Framework scheme 
TCTF: Emergency Support 
Scheme for Haulage Operators 
(amendment to SA.103480, as 
amended by SA.103966 and 
SA.105007) 
TCTF: Sardinia – Regional 
Framework Scheme 
TCTF - Italy - Sicilian Energy 
Bonus 
TCTF: Aid to undertakings 
performing own-account road 
haulage transport of goods 
TCTF: Emergency support to 
bus transport operators for the 
purchase of fuel 
TCTF - RRF- Investment aid 
scheme for the production of 
electrolysers 
TCTF - Italy - Reintroduction of 
the incentive measure 
SA.103752 - Emergency 
Support Scheme for Haulage 
Operators using liquefied 
natural gas (LNG) as fuel 
TCTF: Measures to support 
businesses to mitigate the 
effects of the energy crisis 
TCTF: Exemption from social 
contributions for the hiring of 
beneficiaries of the Citizens' 
Income 
TCTF - Measure to support the 
spa sector in Trento due to the 
increase in energy costs  
TCTF: Umbrella scheme for the 
agricultural, forestry and 
fisheries and aquaculture sectors 
(Third amendment to 
SA.102522 (2022/N)) 

107 

17/07/2023 

27/07/2023 

31/07/2023 

01/08/2023 

03/08/2023 

08/08/2023 

09/08/2023 

07/09/2023 

08/09/2023 

09/10/2023 

12/10/2023 

16/10/2023 

31/10/2023 

10/11/2023 

07/12/2023 

 
133 

Italy 

SA.110474 

134 

Italy 

SA.110596 

135 

Italy 

SA.110637 

136 

Italy 

137 

Italy 

SA.110658 

SA.110664 

138 

Italy 

SA.110511 

139 

Italy 

140 

Italy 

SA.110893 

SA.110606 

141 

Italy 

SA.110726 

142 

Italy 

SA.110741 

143  Lithuania 

SA.104926 

144  Lithuania 

SA.106380 

145  Lithuania 

SA.106672 

TCTF: Umbrella scheme for the 
measures to support 
undertakings active in the 
agricultural, forestry, fishery 
and aquaculture sectors in 
compliance with Section 2.1 of 
the Temporary Crisis and 
Transition Framework, as 
amended (Third amendment to 
SA.102896 (2022/N)) 
TCTF: Prolongation of and 
amendments to the scheme 
SA.103289 as amended by 
SA.104962 
TCTF: Prolongation of and 
amendments to the scheme 
SA.103947 as amended by 
SA.105254 
TCTF: Prolongation of scheme 
SA.107711 
TCTF: Amendments to 
SA.103166 and SA.108084 

TCTF: RRF - Italy: Support for 
the development of hydrogen 
valleys (prolongation of 
SA.106007) 
TCTF: Prolongation of 
SA.105509 
TCTF: Amendments to 
SA.105004, SA.107640, 
SA.108571 
TCTF: Amendments to 
SA.105004, SA.107640, 
SA.108571 
TCTF: Amendments to 
SA.105004, SA.107640, 
SA.108571 
TCF: Tax aid measures for 
taxpayers affected by the energy 
crisis following Russia‘s 
aggression against Ukraine 
TCTF: Rules on the granting of 
State aid by the State Social 
Insurance Fund to policyholders 
in financial difficulties as a 
result of the energy crisis 
TCTF: The Incentive Financial 
Instrument “Direct Loans to 
Business Operators Affected by 
War” ((amendments to 
SA.104109 (2022/N) and 
SA.104854 (2022/N)) 

108 

12/12/2023 

15/12/2023 

15/12/2023 

15/12/2023 

18/12/2023 

18/12/2023 

21/12/2023 

21/12/2023 

21/12/2023 

21/12/2023 

16/01/2023 

23/03/2023 

30/03/2023 

 
146  Lithuania 

SA.107127 

147  Lithuania 

SA.107831 

148  Lithuania 

SA.107620 

149  Lithuania 

SA.102871 

150  Lithuania 

SA.110851 

151  Luxembourg 

SA.105084 

152  Luxembourg 

SA.107873 

153  Latvia 

SA.105243 

154  Latvia 

SA.105247 

155  Malta 

SA.108217 

156  Malta 

SA.109527 

157  Malta 

SA.110819 

TCTF: Reintroduction of the 
scheme SA.104975 (2022/N) 
"TCF: Temporary State Aid for 
Apple Producers" 
TCTF: Loans to support 
economic entities (amendments 
to SA.103706 and SA.105108) 
TCTF: The Introduction of 
Alternative Fuels in Industrial 
Enterprises in Kaunas, Šiauliai 
and Telšiai regions  
SA.102871 (2023/N) – 
Lithuania – TCTF: Offshore 
wind support scheme 
TCTF: Prolongation of scheme 
SA.107620 
TCF: Second amendment to the 
aid scheme for companies 
particularly affected by the rise 
in energy prices caused by 
Russia’s aggression against 
Ukraine (amendments to 
SA.103096 and SA.104396) 
TCTF - Luxembourg - Third 
amendment to the aid scheme 
(SA.103096) for companies 
particularly affected by the rise 
in energy prices caused by 
Russia’s aggression against 
Ukraine 
TCF: Amendment of loans and 
leases guarantee scheme 
SA.103400 
TCF: Amendment of subsidised 
loan scheme SA.103359 

State aid measure to support 
undertakings involved in the 
maritime transport of persons 
and goods by high-speed craft 
between Malta and Sicily 
(Amendment to SA.104238, as 
amended by SA.104983) 
TCTF: Temporary State Aid 
Scheme to the Dairy Sector 
intended to compensate farmers 
for the losses experienced due 
to market disturbances brought 
about by the invasion of 
Ukraine by Russia 
State aid measure to support 
undertakings involved in fast 
ferry passenger sea transport 
(amendment to SA.104238, as 
amended by SA.104983, and 

109 

25/04/2023 

29/06/2023 

03/07/2023 

04/10/2023 

20/12/2023 

17/02/2023 

02/08/2023 

06/01/2023 

06/01/2023 

06/07/2023 

18/10/2023 

21/12/2023 

 
158  Malta 

SA.110829 

159  Netherlands 

SA.106250 

160  Netherlands 

SA.106377 

161  Netherlands 

SA.108788 

162  Netherlands 

SA.110788 

163  Poland 

SA.106480 

164  Poland 

SA.107266 

165  Poland 
166  Poland 

167  Poland 

168  Poland 

SA.107274 
SA.107291 

SA.107307 

SA.107273 

169  Poland 

SA.107687 

170  Poland 

SA.107696 

171  Poland 

SA.107506 

172  Poland 

SA.107670 

SA.108217) 

TCTF: Amendments to 
SA.103449 and SA.103223 

TCTF: Guarantee scheme 
working capital for greenhouse 
horticulture SMEs 
TCTF - Netherlands - Scheme 
for the reduction of energy costs 

NL - TCTF - Temporary aid 
scheme for undertakings having 
implemented renewable heat 
projects 
NL - TCTF: Modification to 
SA.108788 
TCTF: The aid to wheat and 
maize producers who have 
incurred turnover loss due to 
disruptions in supply chains 
caused by the aggression of 
Russia against Ukraine. 
TCTF: Aid to wheat and maize 
producers (amendments to 
SA.106480) 
TCTF: Aid to wheat producers 
TCTF: Aid to reduce the cost of 
purchasing diesel oil used for 
agricultural production 
TCTF: Subsidy for mineral 
fertilizers 
TCTF: Subsidies for interest 
rate on bank loans granted to 
agricultural producers at risk of 
losing financial liquidity due to 
the Russian aggression against 
Ukraine 
TCTF: Aid to wheat and 
buckwheat producers 
(amendmets to SA.107274) 
TCTF: Subsidy for mineral 
fertilisers (amendments to 
SA.107307 (2023/N))  
TCTF: Payment of 
compensation from the 
Agricultural Protection Fund for 
non-payment for agricultural 
products sold to a purchasing 
entity that has become insolvent 
TCTF: Aid to wheat, buckwheat 
and maize producers 
(amendments to SA.106480 

110 

21/12/2023 

04/04/2023 

13/04/2023 

09/11/2023 

20/12/2023 

27/03/2023 

04/05/2023 

05/05/2023 
15/05/2023 

23/05/2023 

05/06/2023 

05/06/2023 

06/06/2023 

08/06/2023 

08/06/2023 

 
(2023/N)) 

TCTF: Subsidies to the interest 
rate on bank loans granted to 
agricultural producers who are 
at risk of losing financial 
liquidity due to restrictions on 
the agricultural market caused 
by the aggression of the Russian 
Federation against Ukraine 
(amendments to SA.107273 
(2023/N))) 
TCTF: Subsidies to the area of 
arable land sown or planted 
with basic or certified seed in 
the main crop for agricultural 
producers 
TCTF: Aid for pig producers 
TCTF: Aid to wheat and 
buckwheat producers 
(amendment to SA.107274 
(2023/N)) 
TCTF: Subsidy for mineral 
fertilisers (amendments to 
SA.107307 (2023/N)) 
TCTF: Subsidies to the interest 
rate of bank loans granted to 
entities operating in the field of 
cereals trading or grain 
purchase, or agricultural plant 
seed trading, referred to in the 
provisions on seed production, 
or buying or freezing soft fruit 
TCTF: Aid for an agricultural 
producer who in 2022 or in 
2023 did not receive payment 
for sold corn at least once from 
entities purchasing and trading 
in cereals 
SA.107269 TCTF: Aid for 
additional costs due to 
exceptionally severe increases 
in natural gas and electricity 
prices in Poland incurred in 
2023 
TCTF: Aid for producers of 
cereals and oilseeds 
TCTF: Subsidies for entities 
operating in the field of corn 
trading or purchase 
TCTF: Aid for agricultural 
producers of raspberries 

19/07/2023 

24/07/2023 

27/07/2023 
27/07/2023 

27/07/2023 

04/08/2023 

15/09/2023 

06/10/2023 

06/10/2023 

13/10/2023 

13/11/2023 

173  Poland 

SA.108358 

174  Poland 

SA.108198 

175  Poland 
176  Poland 

SA.108164 
SA.108595 

177  Poland 

SA.108596 

178  Poland 

SA.108355 

179  Poland 

SA.109217 

180  Poland 

SA.107269 

181  Poland 

182  Poland 

SA.109486 

SA.108721 

183  Poland 

SA.109775 

111 

 
184  Poland 

SA.109734 

185  Poland 

SA.110956 

186  Portugal 

SA.106278 

187  Portugal 

SA.107232 

188  Portugal 

SA.109042 

189  Romania 

SA.105163 

190  Romania 

SA.105503 

191  Romania 

SA.106229 

192  Romania 

SA.108327 

193  Romania 

SA.107101 

194  Sweden 

SA.105268 

195  Sweden 

SA.105491 

196  Sweden 

SA.106512 

TCTF: Aid for cauliflower and 
broccoli producers 

TCTF: Subsidies to the interest 
rate on bank loans granted to 
agricultural producers who are 
at risk of losing financial 
liquidity due to restrictions on 
the agricultural market caused 
by the current crisis 
(amendment to SA.107273 
(2023/N)) 
TCF: Liquidity support system 
for enterprises in the Outermost 
Region of Madeira following 
the aggression against Ukraine 
by Russia (Measure called 
“Apoiar + Liquidez”)  
TCTF: National exceptional 
measure to support agricultural 
production due to the invasion 
of Ukraine 
TCTF - Portugal: Centralized 
purchase of renewable hydrogen 
and biomethane 
TCF: Support of the activity of 
cattle breeders in 2022 in the 
context of the crisis caused by 
Russia's aggression against 
Ukraine 
TCF:Re-introduction of the 
IMM Invest Plus State aid 
scheme 
TCF: Amendment to the 
Framework State aid scheme 

TCTF: Support for the activity 
of cattle breeders in 2022 in the 
context of the crisis caused by 
Russia's aggression against 
Ukraine (amendments to 
SA.105163 (2023/N)) 
Romanian ports - EU - Ukraine 
solidarity lanes - TCTF 

TCF - Sweden: Procurement of 
reduction of electricity 
consumption 
TCF - Electricity cost aid to 
certain particularly affected 
undertakings 
TCTF - Sweden - Liquidity 
support due to increased costs 
of electricity 

16/11/2023 

21/12/2023 

24/02/2023 

05/05/2023 

15/12/2023 

19/01/2023 

26/01/2023 

09/03/2023 

10/07/2023 

13/10/2023 

06/02/2023 

15/02/2023 

05/05/2023 

112 

 
197  Sweden 

SA.109577 

198  Slovenia 

SA.105176 

199  Slovenia 

SA.105498 

200  Slovenia 

SA.106274 

201  Slovenia 

SA.106497 

202  Slovenia 

SA.105405 

203  Slovenia 

SA.107580 

204  Slovenia 

SA.106613 

205  Slovenia 

SA.108352 

206  Slovenia 

SA.108604 

207  Slovenia 

SA.109166 

208  Slovenia 

SA.110877 

209  Slovakia 

SA.105458 

210  Slovakia 

SA.109113 

TCTF: State aid measure to 
support companies operating 
ferry transport between 
mainland Sweden and Gotland 
TCF: Modification of the 
Protocol of SID bank on state 
aid in the form of soft loans 
(amendments to SA.102841) 
TCF: Aid scheme to support the 
economy and preserve jobs  

TCF: Exceptional temporary 
support to farmers and SMEs 
particularly affected by the 
impact of Russia’s invasion of 
Ukraine under section 2.1 of the 
TCF 
TCTF: Temporary Aid to apple 
and pear producers 

TCF - Slovenia: Aid to the 
economy to mitigate the 
consequences of the energy 
crisis 
TCTF: Financial compensation 
to apple and pear growers due 
to high production costs 
following Russia's aggression 
against Ukraine 
TCTF - Slovenia: Investment 
aid for accelerating the 
introduction of energy from 
renewable sources, storage and 
heat from renewable sources 
TCTF: Aid to hop growers after 
Russia's invasion of Ukraine 

TCTF: Aid to the livestock 
sector 
TCTF: Soft loans for SMEs - 
tackling the energy crisis and 
costliness 
TCTF: Aid to the livestock 
sector (amendments to 
SA.108604 (2023/N)) 
TCF - Slovakia: Support 
scheme for enterprises as a 
result of the energy crisis 
emergency following Russia’s 
aggression against Ukraine 
State aid scheme to support the 
food and the feed compound 
production sector following 
Russia's aggression against 
Ukraine 

113 

17/11/2023 

05/01/2023 

06/02/2023 

01/03/2023 

15/03/2023 

16/03/2023 

31/05/2023 

09/06/2023 

10/07/2023 

04/08/2023 

10/10/2023 

21/12/2023 

31/01/2023 

08/09/2023 

 
211  Slovakia 

SA.109076 

212  Slovakia 

SA.106554 

213  Slovakia 

SA.109597 

214  Slovakia 

SA.109598 

215  Slovakia 

SA.109989 

216  Slovakia 

SA.110524 

217  Slovakia 

SA.110622 

218  Slovakia 

SA.110523 

219  Slovakia 

SA.110895 

220  United Kingdom 

SA.106689 

114 

Reduction of social 
contributions due by employers 
in the agriculture and food 
industry 
TCTF/RRF - Slovakia: 
Investment support for 
electricity storage 
TCTF 2.1 and 2.2: Aid to 
undertakings in the form of a 
guarantee, guarantee fee waiver 
and part of the principal (SME 
Guarantee Facility and other 
selected priorities 2) 
TCTF 2.1 Aid to undertakings 
in the form of guarantee and 
remission of part of the 
principal (SME Guarantee 
Facility and other selected 
priorities 1) 
TCTF: State aid scheme to 
provide exceptional investment 
aid in sectors of strategic for the 
transition to a climate-neutral 
economy  
TCTF: Prolongation of and 
amendment to the scheme 
SA.109076      
TCTF: Prolongation of and 
amendment to the scheme 
SA.104846 
Schéma štátnej pomoci podľa 
oddielu 2.1. Dočasného 
krízového a prechodného rámca 
na poskytnutie pomoci 
podnikom vo forme záruky a 
odpustenia časti istiny (záručný 
nástroj na podporu MSP a 
ďalších vybraných priorít 
1Scheme of State Aid pursuant 
to section 2.1 Temporary Crisis 
and Transition Framework for 
State Aid Measures to 
Undertakings in the Form of 
Guarantee and Partial Rebate on 
Loan Principal (Guarantee 
Instrument for Aiding SMEs 
and Other Selected Priorities 1 
Slovakia - TCTF: Modifications 
to SA.105458 
TCTF - Subsidy for Energy and 
Trade Intensive Industries 
(ETIIs) located in Northern 
Ireland (NI).  

14/09/2023 

03/11/2023 

17/11/2023 

17/11/2023 

14/12/2023 

15/12/2023 

15/12/2023 

19/12/2023 

21/12/2023 

12/12/2023 

 
 
ANNEX 4 

State aid decisions adopted in 2023 directly under the Treaty in the context of Russia’s 
war of aggression against Ukraine, by country 

Nr 

Member State 

Case 

Title 

Decision date 

1  Spain 

SA.106095 

2  France 

SA.106197 

3 

Italy 

SA.106335 

4  Portugal 

SA.106096 

Spain – Prolongation of 
MIBEL fossil-fuel cost 
adjustment mechanism 
TCF: Guarantee scheme for 
collaterals for electricity and 
gas supply contracts 
TCF: Modifications to 
SA.103757 (SACE 
Reinsurance) 
Portugal – Prolongation of 
MIBEL fossil-fuel cost 
adjustment mechanism 

25/04/2023 

01/03/2023 

06/03/2023 

25/04/2023 

115