Activities of Paul TANG related to 2022/2060(INI)
Plenary speeches (1)
Competition policy - annual report 2022 (debate)
Amendments (44)
Amendment 3 #
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
Amendment 4 #
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
— having regard to the European Securities and Markets Authority (ESMA), "Report on CRA Market Share Calculation" of 15 December 2022,
Amendment 42 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that the global strength and importance of the EU single market derives from its internal competitiveness and equalised level- playing field;
Amendment 45 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates that competition policy cannot be pursued in isolation, as an end in itself, without reference to the legal, economic, political and social context; and that it is committed to achieving the Union’s objectives as enshrined in Article 3 TEU such as full employment and social progress, a high level of protection and improvement of the quality of the environment, and the promotion of scientific and technological advancement;
Amendment 58 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes note of the draft Commission Notice on the definition of the relevant market for the purposes of Union competition law; welcomes the Commission’s clarification in this draft to not only rely on a product’s price when defining the relevant market but also the level of innovation; considers innovation competition as an essential element for the determination of the relevant market; underlines the need for including a behavioural analysis of consumer behaviour when defining the relevant product market;
Amendment 59 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that the three largest credit rating agencies hold a market share of over 90%1a; regrets the continued high degree of market concentration for credit rating agencies; concludes that existing measures to enhance competition in this market are insufficient; calls for the creation of a European public credit rating agency as an impartial and trusted alternative to existing agencies; _________________ 1a https://www.esma.europa.eu/sites/default/f iles/library/esma80-416- 1564_report_on_cra_market_share_calcu lation_2022.pdf
Amendment 63 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Points out that the audit market is one of the most concentrated markets in the Union, where the Big Four firms have a market share of over 90%; recalls that the high degree of market concentration in the audit market is a long acknowledged threat to financial market stability; recalls Commissioner McGuinness' commitment to reform the rules for auditors and the intention to present a legislative proposal at the end of 2022; notes that such legislative proposal is not presented; calls upon the Commission to present a legislative proposal on audit market reform which strengthens the supervision regime, addresses loopholes and Member State exceptions and introduces rules to avoid conflicts of interests; urges the Commission to take measures to avoid closeness between public institutions and audit firms, including its own operations;
Amendment 65 #
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Welcomes the decision by Ernst & Young to separate its audit and advisory businesses; regrets that the other Big Four firms fail to follow suit; notes that the combination of audit and advisory business can lead to conflicts of interest and can enhance the market dominance of the Big Four firms; calls upon the Commission to investigate the audit and advisory business combination and possibly present measures to prevent conflicts of interest and market dominance;
Amendment 88 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the US Inflation Reduction Act; warns the Commission for international subsidy competition and calls upon the Commission to use the tools at its disposal to prevent and sanction unfair subsidy competition; understands the need for additional public investments; considers the introduction of dedicated permanent, if necessary debt- financed, European investment funds to be a better policy response; points out that currently the EU's borrowing costs are relatively high, therefore calls upon the Union to implement new Own Resources to back EU funds and thereby lower borrowing costs;
Amendment 92 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the US Inflation Reduction Act; understands the need for additional public investments, but warns against a global subsidy race; stresses that any additional state support should be targeted and temporarily, and should be consistent with EU policy objectives such as the Green Deal and the Pillar of Social Rights; considers the introduction of dedicated permanent, if necessary debt- financed, European investment funds to be a better policy response;
Amendment 105 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reminds that a fragmented approach to State aid has the potential to create an uneven playing field within the EU internal market as not all Member States have the same fiscal space to provide support; calls therefore for the monitoring of potential distortive effects and for any flexibilisation of the State aid framework to be applied solely to State aid provided at European level;
Amendment 110 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Supports the creation of a European Sovereignty Fund, as an opportunity to establish a system of EU State aid that prevents the risk of internal market fragmentation which is inherent to decentralised State aid systems;
Amendment 114 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Is of the opinion that the flexibilisation of the Temporary Crisis and Transition Framework (TCTF) should only apply to aid provided by the European Sovereignty Fund and the Recovery and Resilience Facility;
Amendment 116 #
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Insists that the EU institutions and the Member States should ensure that the increased flexibility provided for firms in the Temporary Crisis and Transition Framework is conditional upon the funding being used to benefit employees and respect social and labour rights and the recipient firms commitments to set a path towards reducing the carbon footprint of energy consumption and implementing energy efficiency measures;
Amendment 118 #
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Insists that the EU institutions and the Member States should also ensure that the increased flexibility provided for firms in the Temporary Crisis and Transition Framework is conditional upon the recipient firms commitments to refraining from paying bonuses to management, tax evasion, paying out dividends or offering share buy-back schemes for as long as they are receiving this support;
Amendment 120 #
Motion for a resolution
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Calls on the Commission to ensure that any State aid should be returned if a company makes profits within the next 10 years;
Amendment 128 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Acknowledges that due to crises, like the Covid pandemic and the Russian invasion of Ukraine, market conditions can quickly deteriorate and State aid may be necessary; yet, market conditions can also quickly improve leading to vast profits; points out that few Member State have exercised clawback-mechanisms upon excess profits in cases where ex-ante assumptions prove wrong; points out that in such cases State aid is illegal; calls upon the Commission to investigate the lack of clawbacks in Member States;
Amendment 141 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the General Court’s judgment in the Ilumina/Grail case (Case T-227/21) confirming the European Commission’s Guidance on the application of the referral mechanism set out in Article 22 of Regulation No 139/2004 to certain categories of cases, which enables the Commission to examine and to eventually prevent mergers below the quantitative jurisdictional thresholds defined by the Merger Regulation;
Amendment 154 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the quantitative jurisdictional thresholds in the EC Merger Regulation to be reviewed and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest, such as climate protection, sustainability , consumer vulnerability and the rule of law, to be taken into account when examining the impact of a concentration on the internal market; underlines that public interests may only be invoked with a view to declaring a merger incompatible with the single market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions;
Amendment 155 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the quantitative jurisdictional thresholds in the EC Merger Regulation to be reviewed and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest, such as climate protection, sustainability, privacy and the rule of law, to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions;
Amendment 157 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Taking note of a shrinking market share of the duopoly on the ad market due to regulation; looks with concern at the big telecom operators proposal to fill this gap to become dominant on the adtech market; deeply regrets the decision by the Commission to clear the creation of a joint venture by Deutsche Telekom, Orange, Telefonica and Vodafone; points out that failure to block the aggressive data collection strategy of combining sensitive consumer data by four large telecom providers shows the European Commission fails to properly consider data and data privacy in merger and acquisition cases; calls upon the Commission to re-evaluate their decision;
Amendment 162 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Points out that the 'Internet of Things' (IoT) is a growing market; further points out that smart home devices, such as robot vacuum cleaners, are a major source of consumer data; notes that mergers and acquisitions in this sector can provide major competitive damage; calls upon the Commission to evaluate merger and acquisition cases in this sector with extra care; specifically when these cases involve established big tech companies; furthermore calls to impose conditions on the use of data if needed;
Amendment 172 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that the current de minimis Regulation on State aid expires at the end of 2023; notes the call for evidence by the Commission on its review of the services of general economic interest (SGEI) de Minimis Regulation (Regulation 360/2012); calls on the Commission to assess how EU competition principles have affected the supply of services of general economic interest, also in light of the Covid crisis and increased costs of living;
Amendment 177 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the Commission ‘Guidelines on the application of EU competition law to collective agreements’, clarifying that EU competition law does not prevent solo self-employed workers from engaging in collective bargaining; recalls that precarious working conditions of self-employed workers often stems from limited or no access to collective bargaining;
Amendment 185 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. CAcknowledges the existence of a legal basis for structural separation; regrets the reluctance of the Commission to address market dominance through structural separation; calls for the introduction of an explicit legal base for the unbundling of undertakings as a structural remedy for antitrust violations; considers unbundling to also be a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained, but conditions for competition would improve significantly if unbundling measures were applied;
Amendment 194 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls for a market investigation, which should be triggered automatically upon the fulfilment of certain conditions, such as a specific rise in prices, instead of sector inquiries;
Amendment 198 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 199 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Underlines the importance of damages for infringements of competition law; considers it necessary to alleviate the burden on injured parties to successfully claim damages by introducing an obligation of the competent competition authority to state the extent of the damages in the public enforcement decision or by introducing a presumption of a minimum amount of damages calculated in relation to the infringement of competition law;
Amendment 200 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Deplores the fact that still seven Member States have not yet completed the implementation of Directive (EU) 2019/1 (ECN+ Directive) despite the transposition period having already been expired on 4 February 2021; stresses the important role of national competition authorities in enforcing competition law and in adopting interim measures;
Amendment 201 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Points out that the recent study, commissioned by the Commission, on 'the impact of recent developments in digital advertising on privacy, publishers and advertisers' concludes that individuals do not have adequate control over how their personal data is collected and used for digital advertising, points out that the large scale collection for advertising purposes have negative consequences to privacy, security, democracy and the environment, and further entrenches the dominant position of incumbents, to the detriment of traditional media; agrees with the study conclusion that the digital advertising market needs reform; calls upon the Commission to present a legislative proposal to reform of the online advertising market that reduces market dominance and significantly reduce profit margins and enhances consumer control over their personal data;
Amendment 217 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Reiterates that the Digital Markets Act has a different legal basis in contrast to the competition framework; stipulating EU competition policy has a strong legal basis; encouraging the Commission to use in parallel its executive powers stemming from the competition policy framework and the Digital Markets Act;
Amendment 220 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Strongly welcomes mandatory interoperability for messaging services in the Digital Markets Act; calls for extension of interoperability obligations of social media services, online payment services, personal identification systems and other services where market entry is limited by potential gatekeepers;
Amendment 221 #
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Notes that acquisitions of start-ups and SMEs, both failing to meet or meeting the turnover thresholds for mandatory reviews in accordance with the EC Merger Regulation, can lead to competitive advantages on online markets through combination of personal data; calls upon the Commission to introduce personal data and its potential value as an obligatory criterion in the evaluation of merger and acquisition approvals and where relevant look at acquisitions below the EC Merger Regulation's thresholds;
Amendment 222 #
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Points out that Big Tech companies abuse their dominant market position through self-preferencing to create customer lock-ins; notes that these practices increase market dominance and decrease consumer welfare; calls upon the Commission to investigate self- preferences;
Amendment 223 #
Motion for a resolution
Paragraph 17 e (new)
Paragraph 17 e (new)
17e. Notes with concern that gatekeepers that develop a data advantage over rivals can achieve critical economies of scale, which contribute to the further tilting of competitive balances in digital markets and stifle innovation;
Amendment 224 #
Motion for a resolution
Paragraph 17 f (new)
Paragraph 17 f (new)
17f. Calls upon the Commission to review its merger and acquisition rules in addressing personal data; stresses that personal data assets should be considered and assessed as other traditional assets when it decides on digital mergers and acquisitions; further stresses that data consolidation through mergers and acquisitions can strengthen a dominant position;
Amendment 232 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the presentation by the Commission of draft guidelines for sustainability agreements; underlines the need for a broad understanding of consumer welfare, which should include not only price levels, but also sustainability considerations; considers that similar authorisations should be extended to agreements that improve animal welfare, prevent deforestation, or provide for living wages; or aim at addressing and mitigating adverse impacts of companies in line with their due diligence obligation;
Amendment 236 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. IStresses that supporting the European Green Deal is an objective to be pursued by competition policy; is of the opinion that sustainability is not only pursued by derogations from competition law provisions, but also by the application of competition law provisions in order to promote sustainability; calls for the presentation of draft guidelines on abusive practices, in particular with regard to achieving sustainability goals;
Amendment 244 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Acknowledges that central bank digital currencies have the potential to challenge the concentration of economic power by large banks and remove the privileged access to central bank money of private banks; calls on the European Central Bank to explore this potential;
Amendment 249 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Regrets that the concentration in the market for credit rating agencies continues to deepen with S&P Global's market share being over 50% and the three largest agencies holding over 90% of the market according to the ESMA report on CRA Market Share of December 2022; concludes that existing measures to enhance competition in this market are insufficient; calls for the creation of a European public credit rating agency as an impartial and trusted alternative to existing agencies;
Amendment 258 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Deplores the distortive effects of aggressive tax planning on fair competition; calls for companies that use third-country tax havens to be excluded from receiving State aid, as these companies are competing under unfair conditions with companies established in non-tax havens;
Amendment 267 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls the European Parliaments call on the Commission to develop explicit measures to exclude corporations using tax havens and apply aggressive tax planning strategies as well as aggressive tax planning enablers and facilitators from public procurement procedures;
Amendment 270 #
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Regrets the outcome of, among others, the Fiat, McDonalds, Apple, Starbucks and Ikea State aid cases; concurrently, points out that the principle taxation as illegal State aid still stands in the Treaty on the Functioning of the European Union (TFEU); stresses that Member State use selective advantages in national tax systems to attract companies; concludes and deplores the distortive effects that tax systems of certain EU Member States have on fair competition within the Union; calls upon the Commission to keep pursuing the issue of illegal State aid through taxation;
Amendment 282 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the European Council to adopt a decision under Article 48(7)(2) TEU allowing for the adoption of legislative acts in the area of competition policy in accordance with the ordinary legislative procedure;