This newsletter provides a selection of opinions and analysis from our EU legal experts on interesting policy developments, recent case law and new regulatory directions of major industry practices. It is released biweekly and covers areas such as: Competition Law, Sanctions, Trade, Energy, Finance, EU funds, Data IP and Privacy, Life Sciences, Transport and Court of Justice of the European Union news.
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The European Commission sends preliminary findings to Apple and opens additional non-compliance investigation against Apple under the Digital Markets Act (24.06.2024) – The European Commission has informed Apple of its preliminary view that its App Store rules are in breach of the Digital Markets Act (DMA), as they prevent app developers from freely steering consumers to alternative channels for offers and content. In addition, the Commission opened a new non-compliance procedure against Apple over concerns that its new contractual requirements for third-party app developers and app stores, including Apple's new “Core Technology Fee”, fall short of ensuring effective compliance with Apple's obligations under the DMA. If the Commission's preliminary views were to be ultimately confirmed, none of Apple's three sets of business terms would comply with Article 5(4) of the DMA, which requires gatekeepers to allow app developers to steer consumers to offers outside the gatekeepers' app stores, free of charge. The Commission would then adopt a non-compliance decision within 12 months from the opening of proceedings on 25th March 2024.
Germany: the European Commission approves 3 billion euro German State aid scheme to support the development of Hydrogen Core Network (21.06.2024) – The European Commission has approved, under EU State aid rules, an estimated 3 billion euro German scheme to support the construction of the Hydrogen Core Network (‘HCN'). The measure will contribute to the achievement of the objectives of the EU Hydrogen Strategy and 'Fit for 55' package, by enabling the creation of hydrogen transmission infrastructure that is needed to foster the use of renewable hydrogen in industry and transport by 2030. The measure aims to facilitate investments in the construction of the HCN. Necessary investments include (i) repurposing of existing gas pipelines to transport hydrogen, and (ii) building new hydrogen pipelines and compressor stations. The construction and operation of the HCN will be financed by hydrogen transmission system operators (TSOs), who will be selected by the German federal network agency, Bundesnetzagentur. The aid will take the form of a State guarantee which will allow the TSOs to obtain more favourable loans to cover initial losses in the ramp-up phase of the HCN. At first, Germany expects only a small number of consumers to be using the network, and the tariffs will be lower than otherwise needed to cover relevant costs, to encourage this use and facilitate the uptake of hydrogen.
The European Commission carries out further unannounced antitrust inspections in tyres sector cartel investigation (18.06.2024) – The European Commission is carrying out unannounced inspections at the premises of a consultancy firm in two Member States. Inspections are conducted in the context of an investigation for which the Commission carried out inspections earlier in 2024, that saw as products concerned by the inspections new replacement tyres for passenger cars, vans, trucks and busses sold in the European Economic Area. The European Commission is concerned that price coordination took place amongst the inspected companies, including via public communications. In particular the European Commission is concerned that the consultancy firm may have facilitated or instigated the suspected price coordination amongst tyre manufacturers, which allegedly also used public communications channels to collude.
Italy: the European Commission approves 570 million euro Italian State aid scheme to reduce emissions in ports (17.06.2024) – The European Commission has approved, under EU State aid rules, a 570 million euro Italian scheme to incentivize ships to use shore-side electricity when they are at berth in maritime ports. The measure contributes to reducing greenhouse gas emissions, air pollution and noise in line with the objectives of the European Green Deal. Under the scheme, the aid takes the form of a reduction of up to 100% of the so-called ‘general system charges'. Those charges are included in the electricity price and aimed at financing certain public policy objectives, including renewable energy. The reduction will result in a lower electricity price for ship operators when purchasing shore-side electricity and will bring the cost of electricity at a competitive level with the cost of producing electricity on-board through fossil-fueled engines. By lowering the cost of shore-side electricity for ships, the measure will incentivize ship operators to opt for the more environmentally friendly electricity supply, thereby avoiding significant greenhouse gas emissions, air pollutants and noise emissions.
Germany: the European Commission opens in-depth State aid investigation into measures to support local bus transport operator WestVerkehr (13.06.2024) – The European Commission has opened an in-depth investigation to assess whether certain support measures to German local public transport company WestVerkehr GmbH (‘WestVerkehr') are in line with EU State aid rules. The alleged aid measures are: (i) a direct award of a public service contract by the district of Heinsberg to WestVerkehr; (ii) a profit and loss transfer agreement between WestVerkehr and its majority shareholder NEW Kommunalholding GmbH; (iii) a payment into WestVerkehr's capital reserve by its minority shareholder Kreiswerke Heinsberg GmbH; and (iv) a current account agreement between WestVerkehr and Kreiswerke Heinsberg. NEW Kommunalholding and Kreiswerke Heinsberg are companies in which the district of Heinsberg holds shares. The Commission takes the preliminary view that these four measures constitute State aid.
The European Commission sends Statement of Objections to Alchem over first pharmaceutical cartel case in the EU (13.06.2024) – The European Commission has informed Alchem International Pvt. Ltd. and its subsidiary Alchem International (H.K.) Limited (together ‘Alchem') of its preliminary view that they have breached EU antitrust rules by participating in a long-lasting cartel concerning an important pharmaceutical product. If the Commission's preliminary view were confirmed, such behaviour would violate EU rules that prohibit anti-competitive business practices such as collusion on prices and market sharing. The sending of a Statement of Objections does not prejudge the outcome of the investigation.
Czech Republic: the European Commission calls for improvement of competition in organising waste collection and recovery in the packaging sector (11.06.2024) – The European Commission has informed Czechia that measures appointing EKO-KOM as the only company authorised for the collection and recovery of packaging waste for over two decades may be in breach of the EU competition rules. The Commission's preliminary view is that certain provisions of the Czech Packaging Act as well as Czechia's enforcement of such rules may have created significant entry barriers for rival companies. Such barriers include authorisation requirements that are very difficult to meet, such as strict contractual and financial conditions. The European Commission has voiced its competition concerns in the form of a Letter of Formal Notice. If the Commission's preliminary view is confirmed, this conduct would infringe Article 106 of the Treaty on the Functioning of the European Union (‘TFEU') in conjunction with Article 102 TFEU.
Hungary: the European Commission finds support for new auto parts plant in Észak Magyarország to be incompatible State aid (11.06.2024) – The European Commission has concluded that Hungary's plan to support the construction of a new automotive components plant in Észak Magyarország is not in line with EU State aid rules. Therefore, the aid cannot be granted by Hungary. Indeed. the available evidence showed that the beneficiary had decided to invest in Hungary without considering the public support and there was no sufficient evidence that the investment would take place in another location. Since the public support did therefore not have a real "incentive effect" and it did not effectively encourage GKN Automotive Hungary to invest in the specific region of Észak Magyarország, the aid is incompatible with EU State Aid rules. Therefore, the aid cannot be granted by Hungary.