Annual report on competition policy

Derecho de la Competencia | Publicaciones

9 mayo, 2023

Every year, the European Commission (EC), publishes its Annual Report on Competition Policy, which includes the major Competition Policy developments and regulatory initiatives of the year, together with a selection of important enforcement actions.

The 2022 report is out, and here is a summary of its most important elements:

Key policy implementations

The adoption of the Temporary Crisis Framework to overcome the lack of liquidity of companies affected by the economic disruption caused by the Russia-Ukraine conflict.
The decision not to extend the State Aid measures beyond June 30, 2022, except for investment support and solvency support measures.
The implementation of the Recovery and Resilience Facility, which aims to promote cohesion among EU members by mitigating the impact of the COVID-19 pandemic, and to better prepare the EU for future challenges, supporting the green and digital transitions.

Legislative initiatives from the EC

The Digital Markets Act, focused on making the digital sector more equitable and disputable, is now in the implementation phase.
Updating antitrust and merger regulations to adapt them to future challenges.
Adapting State Aid Rules and guidelines for new challenges.

Most relevant judgments related to the EC’s antitrust enforcement activities

Judgment of the General Court in the Google Android Case: It upheld the EC´s decision, concluding that Google imposed restrictions to preserve its dominant position in internet research.
Judgment of the General Court in the Qualcomm Case, annulling the EC’s decision, stating that the exclusivity requested by Qualcomm to Apple as the sole supplier of LTE chipsets, which the EC had indicated was an anti-competitive measure, had procedural irregularities and disagreed on the analysis of the anticompetitive effects on this exclusivity.
Judgment of the General Court in the Intel Case, overruling part of the EC´s decision which imposed a EUR 1.06 billion fine on Intel for the alleged abuse of its dominant position by offering loyalty discount programs and other exclusivity payments, stating that Intel´s rebates didn´t have the capacity to restrict competition. This judgement has been appealed by the EC.