Activities of Sven GIEGOLD related to 2019/2131(INI)
Shadow reports (1)
REPORT on competition policy – annual report 2019
Amendments (47)
Amendment 13 #
Motion for a resolution
Recital A
Recital A
A. whereas competition policy must benefit the consumers while defending European businesses, in particular SMEs, against unfair competition outside Europepractices;
Amendment 21 #
Motion for a resolution
Recital B
Recital B
B. whereas competition policy must be tailoradapted to tackle digital, ecological, industrial and social challenges, in line with the objectives of the Paris Agreementand must be in line with the EU’s climate commitments and the objectives of the Paris Agreement; whereas the application of EU competition law should address all market distortions, including those created by negative social and environmental externalities;
Amendment 27 #
Motion for a resolution
Recital C
Recital C
C. whereas a more sustainable and solidarity-based economy is important; whereas competition policy should contribute to achieve the European Union's aims as defined in Article 3 TFEU, which are based in particular on the Sustainable Development Goals and a social market economy;
Amendment 41 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to develop the influenceenhance global cooperation ofn competition policy in the world, in particular by stepping up coomatters and to continue peration with the USA and Chinanent dialogue with the USA, Japan and other partners;
Amendment 44 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to monitor foreign direct investment and not to limit itself to the screening mechanism; Stresses that the Union should remain open to foreign direct investments; recalls that foreign direct investments should comply with the Union’s company law framework and respect European social and environmental standards; welcomes the Commission’s intention to strengthen the foreign direct investment screening mechanism; calls on the Commission to perform screening of third countries foreign direct investments in the EU under the aspect of security and protection of access to key future technologies;
Amendment 52 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reiterates its call to the Commission and Member states to adopt reinforced trade defence instruments to combat unfair trade practices; calls, therefore, for unfair trading practices to be addressed effectively by making full use of the available instruments, including taking into account social and environmental dumping and developing new effective tools to tackle the distortive effects of foreign state ownership and subsidies in the internal market;
Amendment 53 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Regrets that the Commission only welcomed but did not implement Parliament’s call to ensure that any future trade agreements provide a level playing field, particularly as regards competition and State aid;
Amendment 58 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure reciprocity with third countries, including in the respect of social and environmental standards, in public procurement and in investment policy; calls for the finalization of the EU’s international procurement instrument by 2021;
Amendment 61 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that, in order to help SMEs cope with the greater challenges of entering new markets and enable them to compete on their own merits, EU trade and competition policy should contribute to an SME-friendly trade environment;
Amendment 74 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to ensure the balanced application of State aid control to European operators in order to avoid asymmetries with their foreign competitors, who are not subject to itpay more attention to the role of foreign-based state-owned enterprises that are supported and subsidised by their governments in ways that the EU single market rules prohibit for EU entities;
Amendment 79 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to adopt a more favourable approach to industrialStresses that functioning competition in the internal market enables businesses to be competitive at the global level and considers that SMEs could stand to benefit from rigorous application of coomperation in order to foster the emergence of European leaders that are globally competitivetition rules, particularly in the digital sphere; calls on the Commission to narrowly define exemptions for areas achieving common interest objectives enshrined in the Treaty;
Amendment 103 #
7. Calls forWelcomes the announcement by the Commission of a review of the definition of the relevant market so as to move towards a longer-term vision encompassing the global dimension and potential future competition;
Amendment 107 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that the concept of a ‘fair price’ should not be equated with the lowest consumer price possible, but instead should be reasonable and enable the fair remuneration of all actors; considers that a focus on lowest-possible consumer prices ignores the negative externalities associated with certain types of production; stresses that consumers have interests beyond low prices alone, such as environmental sustainability or quality and nutritional value of food;
Amendment 114 #
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Competition rules supporting the European Green Deal
Amendment 115 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Welcomes the Communication on the European Green Deal presented on 11th December 2019 and the commitment to revise by 2021 state aid guidelines, in order to reflect the policy objectives of the European Green Deal, which supports a cost-effective transition to climate neutrality by 2050 and should include the obligation to quickly phase out fossil fuels, therefore ensuring a level-playing field in the internal market; states that such changes are an opportunity for European businesses to take the lead in implementing the green transition and operate in a competitive market for sustainable development;
Amendment 116 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Notes that mobilising investments at the scale needed to meet the 2030 emission targets will require in certain appropriate cases the provision of state aid as recognised by the Commission; calls therefore on the Commission to align state aid rules with EU’s efforts towards decarbonisation in particular for the energy transition;
Amendment 117 #
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Calls on the Commission, as part of its upcoming revision of the Guidelines on State aid for environmental protection and energy to include nuclear energy fossil fuels and subject aid granted to them to strict necessity tests; calls furthermore on the Commission to provide for greater flexibility for aid granted to citizen-generated renewable energy in line with the EU’s climate commitments, notably concerning thresholds and technology neutrality for tendering procedures; underlines that further guidance is needed on repowering, hybrid projects and electricity storage;
Amendment 118 #
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7 e. Underlines the existing market failures to trigger the necessary investments in energy efficiency and savings, especially in the building sector; notes that renovation models such as those proposed by energy service companies (ESCOs) have proven successful in achieving benefits; deplores however that the General Block Exemption Regulation and existing guidelines provide little guidance on state aid in this context; calls therefore on the Commission to provide further guidance and an enabling framework for further investments in energy efficiency and building renovation;
Amendment 119 #
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
7 f. Calls on the Commission to review its guidelines on state aid for airports and airlines, in order to align them with EU’s climate commitments and the Paris Agreement; calls on the Commission to exclude from the scope of the General Block Exceptions Regulation aid granted to airports and ports;
Amendment 120 #
Motion for a resolution
Paragraph 7 g (new)
Paragraph 7 g (new)
7 g. Calls on the Commission to check whether the kerosene tax exemption amounts to a distortion of competition benefiting the aviation sector, based on an incorrect interpretation of the Chicago Convention on International Civil Aviation;
Amendment 121 #
Motion for a resolution
Paragraph 7 h (new)
Paragraph 7 h (new)
7 h. Recalls the need for a roadmap for better-targeted state aid especially for the delivery of services of general economic interest including energy, transport or telecommunications;
Amendment 122 #
Motion for a resolution
Paragraph 7 i (new)
Paragraph 7 i (new)
7 i. Calls on the Commission to continue its in-depth analysis on the extent and effect of buying alliances on the economic functioning of the agricultural and food supply chain, taking particular account of the effects on small suppliers;
Amendment 123 #
Motion for a resolution
Paragraph 7 j (new)
Paragraph 7 j (new)
7 j. Expresses concern for unsustainable downward pressure on farm prices resulting from excessive processor or buyer power downstream in agricultural supply chains; encourages the Commission to revise its approach in assessing the abuse of dominant market positions, to include cases which place unsustainable downward pressure on farm prices, whether or not they result in higher consumer prices;
Amendment 124 #
Motion for a resolution
Paragraph 7 k (new)
Paragraph 7 k (new)
7 k. Considers that competition policy should better integrate the value of public good in food pricing in light of the growing demand for more sustainable food systems; calls for EU competition policy to consider broader consumers' interests, beyond the factor of price alone; calls on the Commission to provide, in the context of the revision of the horizontal guidelines, legal certainty for horizontal and vertical cooperation initiatives with the aim of improving factors such as sustainability and fair labour standards in the food supply chain on the conditions under which such arrangements are admissible;
Amendment 125 #
Motion for a resolution
Paragraph 7 l (new)
Paragraph 7 l (new)
7 l. Reiterates its call for coal regions to be identified as assisted areas in accordance with Article 107(3) (a) and (c) of the TFEU and for EU aid rules for these special regions to be adapted so as to enable measures to be taken to deal with structural change; insists that coal mining companies and coal power plant operators having received and still receiving public support for mining and burning coal must not be subject to a privileged state-aid treatment, including for traditional corporate responsibility activities such as ground water restoration, landscape refurbishment or other cleaning-up sites related activities; calls on the Commission to provide clear guidance and conditionality in line with EU climate commitments;
Amendment 127 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to review mthe Merger rulesRegulation and strengthen antitrust action, takingin order to take into account the effects of market and network power associated with both personal and financial data; proposes that every merger in the market for such data should be subject to prior monitoring, regardless of thresholdaccess to personal and financial data when assessing market and network power; calls on the Commission to adjudge the control of such data as a proxy for the existence of market power under its Guidance on Article 102 TFEU and to require interoperability between online platforms and social network providers; proposes that every merger in the market for such data should be subject to prior monitoring, regardless of thresholds , i.e. whether merging data and customer information during a merger distorts competition and weakens data protection, and whether an enterprise's access to exclusive analytical methods and patents excludes competitors;
Amendment 136 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to consider revising the thresholds for a merger review in order to include, among others, factors such as the number of consumers impacted and the value of the related transactions aspart of its ongoing evaluation of the Merger Regulation; calls on the Commission to also assess higher levels of concentration due to horizontal ownership by large asset management companies in its ongoing evaluation of the Merger Regulation and consider providing guidelines on the use of Articles 101 and 102 of the TFEU in this respect;
Amendment 162 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that some entities, benefiting from dual status as both platforms and suppliers, abuse their position to impose unfair terms and conditions on competitors; calls on the Commission to penalise theminvestigate them and to evaluate the potential negative impact on consumers’ choices;
Amendment 166 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls the importance of monitoring price caps in sectors such as online platforms for accommodation and tourism because of high fees usually applied by these stakeholders, taking away revenue from small businesses, particularly in remote areas; notes the need for consumers to have cross-border access to a broad range of online goods and services at competitive prices;
Amendment 171 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to introduce a centralised ex ante market monitoring system, toin order to have at its disposal and provide national authorities with the necessary means to gather data anonymously, to be able to better detect cases of restrictive agreements or abuses of dominant position and to introduce targeted regulation when practices become systemic;
Amendment 177 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Draws the Commission’s attention to recent acquisitions by foreign monopolies of digital operators of health data and the privacy risks involved, over and above the damaging effects of these transactions on competition;
Amendment 188 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that, while intermediation platforms play a major role in access to consumers for online services, some abuse their privileged position by acting as gatekeepers; calls on the Commission to conclude its preliminary investigation into Spotify’s complaint about Apple’s anticompetitive practices and, to launch a formal procedure as soon as possiblewhen necessary and to investigate other similar cases;
Amendment 196 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. EncouraUrges the Commission to increase freedom of choice for consumers and to present upa proposal for a European consumer protection authority; encourages the Commission to also present a proposal for an EU Digital Supervisor to monitor big digital stakeholders operating in the internal market with a view to protecting competition, data protection and democracy as well as fight discriminatory practices;
Amendment 204 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Points out the need for the Commission to have adequate resources to be able to effectively enforce EU competition rules; notes the need to ensure specific expertise especially on growing issues such as dominant positions of online platforms;
Amendment 208 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that the heavy fines imposed are often discounted in advance bynot of big impact on businesses and may ultimately be passed on to consumers; calls on the Commission to look at alternative behavioural and structural remedies including the full structural unbundling of entities in order to fully ensure the effectiveness of EU competition policy;
Amendment 221 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the slowness of the applicationng time needed by the Commission between the opening and closing of antitrust rulcases; stresses the financial and structural risks to which some actors are exposed if they initiate lengthy and costly proceedings; calls on the Commission to consider setting deadlines which take into account the economic timeframe of businesses;
Amendment 226 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the urgent need to adopt precautionary measures to adapt to the rapid development of new markets and to stop any practice which would seriously harm competition; calls on the Commission to relax the criteria for these measures, especially on the burden of proof, in order to avoid any irreversible damage;
Amendment 237 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. DeplorNotes the fact that, despite repeated requests, the Commission has still not completed the Commission completed in June 2017 the investigation into Google Shopping which began in 2010; stresses that, in the absence of targeted and effective behavioural remedies that have been tested in advance with the affected undertaking which is the victim, a complete structural separation of general and specialised research services may be necessary;
Amendment 239 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to issue guidance on the interpretation of “Significant Impediment to effective Competition” under the Merger Regulation so that in cases of merger, the Commission does not only look at prices, output and innovation but also pay attention to the social and environmental costs of such transactions in light of the TFEU principles including environmental protection;
Amendment 247 #
Motion for a resolution
Subheading 4
Subheading 4
Amendment 261 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates that taxation is sometimes used to grant indirect State aid, creating an uneven playing field in the internal market; welcomes the judgments of the General Court on the validity of the European Commission's decision on aid granted by Luxembourg to Fiat Chrysler Finance Europe which confirms that a selective advantage through a tax ruling may constitute state aid that is unlawful and incompatible with the internal market and that the examination by the Commission of a tax ruling from the point of view of state aid rules does not constitute "tax harmonisation";
Amendment 270 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on the Commission to update its existing guidelines on the notion of state aid to ensure that Member States do not grant state aid in the form of a tax advantage; calls on the Commission to look into the possibility to fine countries found in breach of EU state aid rules;
Amendment 273 #
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 296 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Calls on the Commission to have a close look at the banking sector, especially in countries like Romania where consumers face high interest rates and a lack of transparency when it comes to loans because of a concentration of ownership in the banking market, leading to unfavorable loan conditions and a lack of choice for consumers; notes, for example, that Romanian banks have the highest margin between deposit interest rates and loans interest rates in the EU, which is twice the European average;
Amendment 301 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Welcomes that the Commission has included in its targeted review of the General Block Exemption Regulation the extension of this scheme to European Territorial Cooperation projects (also called Interreg);
Amendment 303 #
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22 c. Is concerned about asymmetric treatment of EU-funded operations depending on whether they are supported on EU side by cohesion policy resources or other EU funds or programmes such as Horizon2020/Horizon Europe or EFSI2.0/ InvestEU as proposed by the Commission in its GBER review; believes that a level playing field should be maintained for projects which are similar in nature, but different in financing sources as this would privilege certain funding schemes while crowding out others;
Amendment 331 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recalls the importance of coordination with national competition authorities and calls on the Commission to present to Parliament an assessment of the conditions for the implementation of the ‘ECN+ Directive’;