2021/2185(INI) Competition policy - annual report 2021
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ECON |
SCHWAB Andreas ( EPP)
|
KAILI Eva ( S&D),
SØGAARD-LIDELL Linea ( Renew),
GRUFFAT Claude ( Verts/ALE),
BECK Gunnar ( ID),
FITTO Raffaele ( ECR),
GUSMÃO José ( GUE/NGL)
|
| Committee Opinion | IMCO |
CAROPPO Andrea ( EPP)
|
Dita CHARANZOVÁ ( RE),
Eugen JURZYCA ( ECR)
|
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
2022/07/25
EC - Commission response to text adopted in plenary
Documents
2022/05/05
EP - Results of vote in Parliament
Documents
2022/05/05
EP - Decision by Parliament
Details
The European Parliament adopted by 436 votes to 70, with 95 abstentions, a resolution on Competition policy - Annual report 2021.
Parliament stressed that the challenges arising from the COVID-19 pandemic must be duly taken into account and that the guiding principle should be the reasonable phasing out of specific support measures in a progressive and proportionate manner, in full compliance with EU competition rules. However, it stressed the need to prevent an asymmetric recovery and to avoid the risk of further widening gaps in the single market.
Members stressed that the EU should not be overly dependent on global supply chains, especially in sectors of proven importance for strategic autonomy and the resilience and sustainability of the economy. They called for a strong and effective competition policy that allows the EU economy to remain on the road to recovery and to make its twin green and digital transition in a socially and territorially sustainable and inclusive way.
The resolution stressed the need to:
- take into account SMEs that may face difficulties in accessing finance;
- overcome unjustified barriers that continue to hamper the development of the single market in services, in particular by ensuring the application of competition rules;
- a thorough review and effective implementation of existing competition instruments and, where necessary, the development of new instruments adapted to digital market investigations . The in-depth review should focus on preserving the integrity of the single market, supporting sustainable and inclusive economic growth that benefits consumers and strengthening consumer rights, both online and offline.
Political reaction to the COVID-19 pandemic
While noting the six-month renewal of the temporary framework for State aid measures, which was put in place in response to the COVID-19 crisis, Parliament called on the Commission to monitor any distorting effects and to avoid possible fragmentation of the industrial strategy for Europe. State aid measures that are part of national recovery and resilience plans should be treated with flexibility and as a matter of priority.
Members stressed the importance of the Commission and Member States launching a post-COVID-19 roadmap to phase out public support provided in the light of the COVID-19 pandemic, with non-distortive and better targeted State aid in order not to disrupt economic recovery. They also stressed the need for the post-COVID-19 roadmap to take into account SMEs from rural and less-developed areas.
Competition policy on enforcement and globalisation
Parliament stressed the importance of safeguarding the competitiveness of European companies in a context of increasing global competition, working towards reciprocity and ensuring fair competition within the single market. It stressed the need for a global level playing field.
The resolution stressed the importance of:
- structured dialogue and cooperation at global level on competition policy enforcement, including on State aid issues;
- promoting a European regulatory framework encouraging foreign investment and international business activity in the EU. The Commission should carry out merger reviews, foreign direct investment screening and foreign subsidy control in a coherent manner.
Members believe that the EU should effectively target the negative impact of foreign subsidies on the internal market, taking into account the potential negative effects of regulation. The Commission is urged to apply competition policy rigorously while seeking to maintain a constructive dialogue and cooperation on key technological and economic issues with like-minded partners.
Competition policy and state aid fit for new challenges
Stressing that digital transformation is exacerbating the need for the adaptation of enforcement of competition policy, the resolution stressed the need to ensure specific expertise on digital issues. The Commission is called upon to enhance the transparency of the State aid evaluation process , which should include clear reasoning, a description of State aid and measurable indicators allowing for ex-post monitoring and evaluation.
Parliament took note of the Commission's new guidelines on State aid rules for climate, environmental protection and energy , as well as the Commission's efforts to strengthen the 2014 guidelines and align them with the Green Deal for Europe. It argued that environmentally friendly State aid is essential to achieve the Union's climate, energy and environmental protection objectives, while ensuring a just transition. It called for the guidelines to take account of those suffering from rising energy costs.
Parliament welcomed the new chapter in the guidelines on State aid for climate, environmental protection and energy on aid for early closure of coal, oil shale and peat activities.
The Commission is asked to pay attention to State aid decisions regarding the connectivity of island, peripheral and isolated regions of the Union, especially as they have been particularly hard hit by the pandemic. Members also called for caution to be exercised in the consolidation of the EU airline sector , given the very large amounts of State aid allowed for some EU airlines, so as to ensure that airlines will not be enabled to eliminate or take over smaller EU competitors as a result.
Mergers
Parliament called on the Commission to consider a revision of the merger guidelines to take into account the challenge of EU industrial competitiveness. It asked the Commission to review its merger and acquisition rules when it comes to the assessment of personal data. It called on the Commission to assess personal data assets in the same way as all other traditional physical assets when taking decisions on digital mergers and acquisitions.
Antitrust and cartels
Parliament supports a substantial review of the current regime on vertical agreements , the fine ‑ tuning of the safe harbour rules, and the adoption of rules to match the needs of e ‑ commerce and platform business to prevent market restrictions arising as a result of the ambivalent effects of those agreements, while ensuring alignment with the currently formulated rules on digital markets.
Members noted that the consumer Internet of Things sector will expand significantly in the coming years, but that there are still shortcomings in this sector, which could reduce competition and choice for consumers. The Commission is invited to prepare a thorough analysis of the possible impact on the internal market, including a cost-benefit analysis of any regulatory intervention.
Parliament is also concerned about the large-scale concentration in the EU's agricultural and food supply chain . It called on the Commission to analyse the extent and effects of buying alliances, paying particular attention to ensuring fair competition and greater transparency in supermarket and hypermarket chains’ commercial practices.
Documents
2022/05/04
EP - Debate in Parliament
Documents
2022/03/28
EP - Committee report tabled for plenary, single reading
Documents
2022/03/28
EP - Committee report tabled for plenary
Documents
2022/03/14
EP - Vote in committee
2022/03/01
EP - Committee opinion
Documents
2022/01/27
EP - Amendments tabled in committee
Documents
2021/12/03
EP - Committee draft report
Documents
2021/10/07
EP - Committee referral announced in Parliament
2021/09/21
EP - CAROPPO Andrea (EPP) appointed as rapporteur in IMCO
2021/09/01
EP - SCHWAB Andreas (EPP) appointed as rapporteur in ECON
Documents
- Commission response to text adopted in plenary: SP(2022)413
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T9-0202/2022
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, single reading: A9-0064/2022
- Committee report tabled for plenary: A9-0064/2022
- Committee opinion: PE700.476
- Amendments tabled in committee: PE704.711
- Committee draft report: PE700.652
- Committee draft report: PE700.652
- Amendments tabled in committee: PE704.711
- Committee opinion: PE700.476
- Committee report tabled for plenary, single reading: A9-0064/2022
- Commission response to text adopted in plenary: SP(2022)413
Activities
- Othmar KARAS
Plenary Speeches (2)
- Angel DZHAMBAZKI
Plenary Speeches (1)
- Eva KAILI
Plenary Speeches (1)
- Alfred SANT
Plenary Speeches (1)
- Gunnar BECK
Plenary Speeches (1)
- José GUSMÃO
Plenary Speeches (1)
- Guido REIL
Plenary Speeches (1)
- Eugen JURZYCA
Plenary Speeches (1)
- Frances FITZGERALD
Plenary Speeches (1)
- Andżelika Anna MOŻDŻANOWSKA
Plenary Speeches (1)
- Andrea CAROPPO
Plenary Speeches (1)
- Claude GRUFFAT
Plenary Speeches (1)
- Linea SØGAARD-LIDELL
Plenary Speeches (1)
Votes
Politique de concurrence – rapport annuel 2021 - Competition policy – annual report 2021 - Wettbewerbspolitik – Jahresbericht 2021 - A9-0064/2022 - Andreas Schwab - Après le § 17 - Am 2 #
2022/05/05 Outcome: -: 321, 0: 142, +: 141
The Left
NI
PPEA9-0064/2022 - Andreas Schwab - § 30 - Am 3 #
2022/05/05 Outcome: -: 250, +: 239, 0: 111
A9-0064/2022 - Andreas Schwab - Après le § 50 - Am 1 #
2022/05/05 Outcome: +: 492, -: 101, 0: 10
A9-0064/2022 - Andreas Schwab - § 51 - Am 4 #
2022/05/05 Outcome: -: 428, +: 130, 0: 44
A9-0064/2022 - Andreas Schwab - Après le § 83 - Am 5 #
2022/05/05 Outcome: -: 416, +: 133, 0: 52
A9-0064/2022 - Andreas Schwab - Proposition de résolution (ensemble du texte) #
2022/05/05 Outcome: +: 436, 0: 95, -: 70
| Amendments | Dossier |
| 361 |
2021/2185(INI)
2022/01/13
IMCO
87 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Recalls that competition policy is vital to strengthening and ultimately completing the single market in that it provides a fair and level playing field for all market participants - with special attention to micro-, small- and medium- sized enterprises (SMEs) -, prevents the distortion of competition, enables the growth of innovative businesses and guarantees a high level of consumer protection
Amendment 10 #
Draft opinion Paragraph 2 2. Recalls that services, which account for 70% of the GDP and an equal share of its employment, represent the largest economic activity in the EU in terms of gross added value and that the single market for services lags well behind the single market for goods; highlights the need to address the remaining obstacles to the development of the single market for services, including through the enforcement of competition rules;
Amendment 11 #
Draft opinion Paragraph 2 2. Recalls that services represent the largest economic activity in the EU in terms of gross added value and that the single market for services lags well behind the single market for goods; highlights the need to address the remaining
Amendment 12 #
Draft opinion Paragraph 2 a (new) 2 a. Urges the Commission to take the general public interests of affordable housing and sustainable urban development into account in the revision of rules on services of general economic interest (SGEI) and State Aid, so as to allow national, regional and local authorities to support housing for all groups, whose needs for decent and affordable housing cannot be easily met under market conditions; recalls that Parliament called on the Commission to adapt the target group definition of social housing in its Resolution of 21 January 2021 on Access to decent and affordable housing for all (2019/2187(INI)); highlights that house prices have seen an annual increase of 6.8 % in the euro area and 7.3 % in the EU in the second quarter of 2021, at a time when many households have seen their income decrease;
Amendment 13 #
Draft opinion Paragraph 2 a (new) 2 a. Reiterates its call on the Commission to come forth with adequate measures to eliminate Territorial Supply Constraints (TSCs) in view of a fully functioning single market, as TSCs are clearly hampering the development of the single market and its potential benefit to consumers; repeats that TSCs can materialise through different practices such as: refusing to supply, threatening to stop supplying a particular distributor, limiting the quantities available for sale, unexplained differentiation of product ranges and prices between EU Member States or limiting language options for the product packaging;
Amendment 14 #
Draft opinion Paragraph 2 a (new) 2 a. Welcomes the new WTO agreement to cut red tape in services trade, so-called Joint Initiative on Services Domestic Regulation, which aims to simplify unnecessarily complicated regulations; calls on the Commission to monitor the progress and results achieved by the agreement;
Amendment 15 #
Draft opinion Paragraph 2 a (new) 2 a. Underlines the important role of the services sector in the transition to a circular economy and in the implementation of the European Green Deal;
Amendment 16 #
Draft opinion Paragraph 2 b (new) 2 b. Calls on the Commission and Member States to effectively target the unnecessary restrictions and to diminish national protectionism in the services sector, as effective regulation is beneficial for both consumers and professionals and increases the positive impact on the productivity and competitiveness of the EU economy;
Amendment 17 #
Draft opinion Paragraph 2 b (new) Amendment 18 #
Draft opinion Paragraph 2 c (new) 2 c. Welcomes the Commission´s effort to improve the enforcement of the single market rules of the Directive on a proportionality test for regulated professions1a by initiating the infringement procedures; calls on the Member States to properly implement the proportionality test when imposing national rules; stresses that the lack of proper implementation of the EU rules on proportionality test could ultimately disadvantage consumers in the form of excessive prices, undermine the development of innovative services or even lead to lower access to services; _________________ 1a Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on a proportionality test before adoption of new regulation of professions (OJ L 173, 9.7.2018, p. 25).
Amendment 19 #
Draft opinion Paragraph 2 d (new) Amendment 2 #
Draft opinion Paragraph 1 1. Recalls that competition policy is vital to strengthening and
Amendment 20 #
Draft opinion Paragraph 2 e (new) 2 e. Reminds that 71% of businesses considered different national services rules to be a significant or very significant obstacle to the single market according to Eurochambers 2019 survey;
Amendment 21 #
Draft opinion Paragraph 2 f (new) 2 f. Stresses that a fragmented services market hampers productivity growth in services; expresses regret over the period after the 2008-2009 crisis known as a ‘lost decade’ with respect to the EU’s productivity growth in services; recalls that since 2008, the EU’s productivity in services has grown much less than that of the US and is now half that of the US level; points out that the ‘lost decade’ has thereby fully eroded the catching up achieved before the crisis, according to the Copenhagen Economics study;
Amendment 22 #
Draft opinion Paragraph 2 g (new) 2 g. [subtitle to be inserted before para 3] Competition rules in digital markets
Amendment 23 #
Draft opinion Paragraph 3 3. Recalls that ensuring the efficient regulation of digital markets constitutes a core responsibility of the Committee on the Internal Market and Consumer Protection (IMCO); highlights, in this context, the adoption of IMCO’s report on the Digital Markets Act (DMA) and notes that ex ante regulatory intervention aims to address the gaps in ex post competition law enforcement; believes that an evidence- based assessment should be used to identify firms with dominant market power and that the proportionate and targeted regime towards those companies and activities where the risk of harm is greatest would be a more effective and future-proof approach;
Amendment 24 #
Draft opinion Paragraph 3 3. Recalls that ensuring the efficient regulation of digital markets constitutes a core responsibility of the Committee on the Internal Market and Consumer Protection (IMCO); highlights, in this context, the adoption of IMCO’s report on the Digital Markets Act (DMA) and notes that ex ante regulatory intervention aims to address the gaps in ex post competition law enforcement; highlights that competition policy rules are also tools for reaching a high level consumer protection, therefore consumer rights must be preserved and if possible strengthened both online and offline;
Amendment 25 #
Draft opinion Paragraph 3 a (new) 3 a. Recalls that data is a source of considerable economic power and leverage and therefore beside the competition law enforcement, fair tax treatment between undertakings is also essential for keeping the integrity of the internal market;
Amendment 26 #
Draft opinion Paragraph 3 a (new) 3 a. Recalls the importance of the European Digital Single Market in enabling tech companies to easily reach new customers and compete internationally;
Amendment 27 #
Draft opinion Paragraph 3 b (new) Amendment 28 #
Draft opinion Paragraph 4 4. Underlines that current merger control rules are not fit for dealing with so- called ‘killer acquisitions’ by dominant players
Amendment 29 #
Draft opinion Paragraph 4 4.
Amendment 3 #
Draft opinion Paragraph 1 1. Recalls that competition policy is vital to strengthening and ultimately completing the single market in that it provides a fair and level playing field for all market participants, enables the growth of innovative businesses and guarantees a high level of consumer protection and choice; stresses that consumer welfare must remain the ultimate goal of the competition policy;
Amendment 30 #
Draft opinion Paragraph 4 4. Underlines that current merger control rules are not fit for dealing with so- called ‘killer acquisitions’ by dominant players in digital markets; stresses the fact that ‘killer acquisitions’ may also affect the contestability and fairness of the digital single market and therefore should be assessed by the Commission in the framework of the DMA, as set out in IMCO’s report; agrees that optimal policy should take into account also its effect on innovation rates;
Amendment 31 #
Draft opinion Paragraph 4 4. Underlines that
Amendment 32 #
Draft opinion Paragraph 4 a (new) 4 a. Emphasizes the characteristics of digital markets, such as the role, aggregation and use of data, multi-sided markets, direct and indirect network effects, multihoming, non-monetary switching costs other than pricing, such as the network users have built up, learning costs and users’ platform specific reputation or ratings; underlines that the power that digital players have over consumers, which is driven by the role of data and the role of direct and indirect network effects, is currently not reflected in traditional market definitions, which often focus mainly on pricing and profits, such as the small but significant and non- transitory increase in price (SSNIP) test; welcomes the review of the market definition notice to better assess digital markets and urges the Commission to take non-monetary factors into account when defining digital markets and positions of power on such markets, such as switching costs other than pricing, and also when assessing market power, such as power over consumers, potential impact on fundamental rights, privacy and data protection and potential impact on society and democracy.
Amendment 33 #
Draft opinion Paragraph 4 a (new) 4a. Deplores the fact that the Commission allows dominant players on the digital market to pursue aggressive external growth strategies, making it impossible for a European champion to emerge in this sector.
Amendment 34 #
Draft opinion Paragraph 4 b (new) 4 b. Stresses the importance of helping consumers and users to gain greater control over the use of their data and calls for a high level of protection of personal data; calls in this regard for clear rules on data sharing that do not undermine consumers’ rights to data protection and privacy and allow them to effectively take control of their data; underlines the crucial role of interoperability in lowering switching costs in digital markets and increasing consumer welfare by consumer choice, including the choice for more privacy-friendly, sustainable or social alternatives;
Amendment 35 #
Draft opinion Paragraph 4 c (new) 4 c. Emphasizes that the lack of General Data Protection Regulation (GDPR) enforcement in Ireland benefits a small number of large digital platforms competitively by tolerating privacy breaches for data collection and thus increasing data concentration;
Amendment 36 #
Draft opinion Paragraph 4 d (new) 4 d. Notes that large digital players use their market power, power over consumers, large financial resources and data concentration in one market to leverage into another; stresses that small players cannot compete with aforementioned factors, which makes European citizens even more dependent on the same small number of companies and endangers strategic autonomy; calls for increased scrutiny of the leveraging of dominant positions in digital sectors into other sectors, taking these factors into account, instead of solely focusing on the digital markets or sectors in the review of merger scrutiny;
Amendment 37 #
Draft opinion Paragraph 5 5. Notes that the consumer Internet of Things (IoT) sector will expand significantly in the coming years but recognises that shortcomings might still exist in this sector, such as the lack of interoperability between various IoT products and/or services, which could reduce competition and consumer choice;
Amendment 38 #
5. Notes that the consumer Internet of Things (IoT) sector will expand significantly in the coming years but recognises that shortcomings still exist in this sector, such as the lack of interoperability between various IoT products and/or services, which could reduce competition and consumer choice; welcomes the Commission’s sector inquiry into the IoT and calls on the Commission to take further action regarding standards, data portability and access; emphasizes in this regard that open source software and open data principles are crucial to ensure fair competition and allow for innovation;
Amendment 39 #
Draft opinion Paragraph 5 5. Notes that the consumer Internet of Things (IoT) sector will expand significantly in the coming years but recognises that shortcomings still exist in this sector,
Amendment 4 #
Draft opinion Paragraph 1 a (new) 1 a. Recalls that consumer welfare is and remains an essential aspect of competition policy; underlines in this perspective that consumers’ interests go beyond low prices only and include other aspects such as quality, sustainability, environmental protection, innovation, ethics, fair-trade aspects and long-term societal impacts; adds that a focus on lowest-possible consumer prices only ignores the negative externalities associated with certain types of production;
Amendment 40 #
Draft opinion Paragraph 6 6. Notes that the Vertical Block Exemption Regulation1 and related Vertical Guidelines2 have been inadequately adapted for recent market developments, notably the growth of online sales and online platforms; highlights that there are outstanding concerns regarding the automobile sector, where manufacturers are competing directly with the distribution network by modifying the contractual terms of the vertical distribution relationship, thereby placing them at a competitive disadvantage and driving small and medium-sized enterprises out of the market; stresses that the digitalisation of the automotive sector raises also concerns in terms of competition due to third-party service providers lacking access to interfaces and in-vehicle data that is controlled by the vehicle’s manufacturers; _________________ 1 Commission Regulation (EU) No
Amendment 41 #
Draft opinion Paragraph 6 6. Notes that the Vertical Block Exemption Regulation1 and related Vertical Guidelines2 have been inadequately adapted for recent market developments, notably the growth of online sales and online platforms;
Amendment 42 #
Draft opinion Paragraph 6 6. Notes that the Vertical Block Exemption Regulation1 and related Vertical Guidelines2 have been inadequately adapted for recent market developments, notably the growth of online sales and online platforms;
Amendment 43 #
Draft opinion Paragraph 6 6. Notes that the Commission is currently working on its proposal to better adapt the Vertical Block Exemption Regulation1 and related Vertical Guidelines2
Amendment 44 #
Draft opinion Paragraph 6 a (new) 6 a. Following the adoption of the Geo- blocking Regulation (EU) 2018/302, notes the Commission’s first short-term review of the Geo-blocking Regulation, which shows, in particular, that the demand for cross-border access to audio-visual services is increasing; calls on the Commission to continue to actively monitor and remove – with a pro- consumer approach allowing consumers to shop seamlessly across the EU – unjustified geo-blocking and other persistent restrictions on cross-border online sales; welcomes in this context the Commission’s decision to launch a stakeholder dialogue on improving the access to and availability of audiovisual content across Member States and hopes that it will produce tangible results for EU citizens; calls on the Commission to consider proposing appropriate legislative measures in case these results are not delivered by the end of 2022;
Amendment 45 #
Draft opinion Paragraph 6 a (new) 6 a. Considers that the distinction made in the draft guidelines to the Vertical Block Exemption Regulation (VBER) revision between resale price maintenance (RPM), distorting the market, and minimum advertised price (MAP), which could be allowed under certain circumstances and conditions, could constitute a tool to support SMEs to stand aggressive price competition on online marketplaces; to this end, asks the Commission to clarify in the guidelines the conditions under which MAP does not constitute RPM;
Amendment 46 #
Draft opinion Paragraph 6 a (new) Amendment 47 #
Draft opinion Paragraph 6 a (new) 6 a. Notes the continued use of different national product codes and serial numbers for the same or virtually identical products in order to prevent cross-border comparisons of prices and purchase; believes that this has a direct negative effect on consumers and asks the Commission to assess this matter further;
Amendment 48 #
Draft opinion Paragraph 7 7. Notes the continued impact of the COVID-19 pandemic on the EU economy and the risks and opportunities it poses to the internal market;
Amendment 49 #
Draft opinion Paragraph 7 7. Notes the continued impact of the COVID-19 pandemic on the EU economy and the risks and opportunities it poses to the internal market; welcomes the Commission’s decision to prolong the temporary framework for State aid until 30 June 2022
Amendment 5 #
Draft opinion Paragraph 1 a (new) 1 a. Welcomes the 2021OECD Recommendations on competitive neutrality, which are conceived to avoid undue regulatory and financial advantages granted to specific enterprises, be they private or state-owned, therefore ensuring competitive neutrality; calls on the Commission to maintain competitive neutrality in the regulatory environment of the internal market;
Amendment 50 #
Draft opinion Paragraph 7 7. Notes the continued impact of the
Amendment 51 #
Draft opinion Paragraph 7 7. Notes the continued impact of the COVID-19 pandemic on the EU economy and the risks and opportunities it poses to the internal market; welcomes the Commission’s decision to prolong the temporary framework for State aid until 30 June 2022, but highlights that these measures should remain
Amendment 52 #
Draft opinion Paragraph 7 a (new) 7 a. Calls on the Commission to improve the transparency of the state aid evaluation process, which should include clear reasoning, state aid description, measurable indicators allowing the ex- post monitoring and evaluation; therefore highlights the need for the ex-post monitoring of the effective implementation of the adopted state aid cases; believes that also output of the consultation phase should be disclosed;
Amendment 53 #
Draft opinion Paragraph 7 a (new) 7 a. Highlights the impact of border controls due to the COVID-19, but also due to the national border control in the Member States not in the Schengen zone, on the free movement of products, the risks and the impediments on competition especially for SMEs; calls on the Commission and Member States to analyse the situation, remove the barriers and complete the single market;
Amendment 54 #
Draft opinion Paragraph 7 a (new) Amendment 55 #
Draft opinion Paragraph 7 a (new) 7 a. Takes note that 80,1% of State aid approved was notified by only 3 Member States, with 51.5%only for Germany; calls on the Commission to assess the impact of this high concentration of State aid on the internal market;
Amendment 56 #
Draft opinion Paragraph 7 b (new) 7 b. Deplores that no green conditioning was attached to the 670 decisions approving €3 trillion of state aid under the temporary framework; regrets in particular that more than 40 decisions allowed state aid to airlines, airports and ground handling companies without requiring these companies to adopt transition plans toward more sustainable business models;
Amendment 57 #
Draft opinion Paragraph 7 c (new) 7 c. Reiterates that it is crucial to ensure policy coherence by setting the right competition rules to foster the right investment incentives; welcomes the process launched by the Commission to reflect on the role that competition policy can play to support the green, digital transitions as well as the EU industrial strategy; takes note in this regard of the State Aid Guidelines for Climate, Environmental Protection and Energy that have been released in December 2021; welcomes that the guidelines acknowledge that measures that directly or indirectly involve support to fossil fuels, in particular the most polluting ones, often have negative environmental externalities on the market; stresses that therefore those measures should never receive a positive assessment; stresses that where efforts to price in negative externalities already exist, such as in the Emission Trading System, competition policy should support these efforts and not counteract them;
Amendment 58 #
Draft opinion Paragraph 7 d (new) 7 d. Underlines that competition policy must be in line with the priorities outlined in the European Green Deal and the objectives of the Paris Agreement and the Union’s climate and biodiversity targets; stresses the need for a horizontal obligation to assess the environmental impact of all state aid;
Amendment 59 #
Draft opinion Paragraph 7 e (new) 7 e. Notes that if enterprises come together to set minimum standards with regard to environmental standards and social conditions, they must not be limited by competition law, if it contributes to environmental and social goals and benefits consumers; emphasizes that the horizontal guidelines on the application of Article 101(3) TFEU should be revised, in order to provide further guidance on collaborations which “contribute to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit" in light of the Green Deal, where, in particular, environmental and social benefits should be taken into account, as well as long-term benefits which can be expected to arise when companies jointly set minimum standards;
Amendment 6 #
Draft opinion Paragraph 1 a (new) 1 a. Underlines that competition rules and sustainability policies work together and welcomes the Commission's approach according to which state aid, antitrust enforcement as well as merger control must contribute to the green transition and to the European Green Deal objectives;
Amendment 60 #
Draft opinion Paragraph 8 Amendment 61 #
Draft opinion Paragraph 8 8. Calls on the Commission to adapt competition rules and ensure their enforcement in the energy sector
Amendment 62 #
Draft opinion Paragraph 8 8. Calls on the Commission to
Amendment 63 #
Draft opinion Paragraph 8 8.
Amendment 64 #
Draft opinion Paragraph 8 a (new) 8 a. Stresses the need for competition policy to support SMEs in Europe and to prevent the consolidation of market dominance in the hands of a few large European and international companies; underlines that the single market depends not only on competition at the international level, but also inside the single market itself;
Amendment 65 #
Draft opinion Paragraph 8 a (new) 8a. Calls on the Commission to take account of the impact on jobs in Europe and on prices for consumers in the procedures to assess the different options put forward by DG Competition to companies looking to merge.
Amendment 66 #
Draft opinion Paragraph 8 a (new) 8 a. Calls on the Commission to create a level playing field for the different technologies and innovations in the energy sector; believes that this can be achieved, for example, by fees for negative externalities, rather than subsidies for selected solutions;
Amendment 67 #
Draft opinion Paragraph 8 b (new) 8b. Calls on the Commission to adapt competition rules and ensure their enforcement in the digital sector to allow for the emergence of European giants capable of competing in global markets and offering European consumers competitive, safe and sovereign digital solutions that keep their data in Europe.
Amendment 68 #
Draft opinion Paragraph 8 b (new) 8 b. [subtitle to be inserted before para 9] EU response to foreign subsidies
Amendment 69 #
Draft opinion Paragraph 8 c (new) 8c. Calls on the Commission to amend the rules to introduce a quota for European production in the digital sector to restore competitive market structures and respond to consumer demand.
Amendment 7 #
Draft opinion Paragraph 1 b (new) 1 b. Stresses that EU competition rules shall contribute to the Union’s objectives as defined in Article 3 of the Treaty on European Union; considers that competition rules should not hamper, but promote sustainability goals, including through sustainability agreements, if they benefit consumers;
Amendment 70 #
Draft opinion Paragraph 9 9. Highlights the importance of tackling foreign subsidies that are distorting the EU’s internal market and welcomes the proposed regulation on foreign subsidies, which is relevant in cases where, for example, a subsidised
Amendment 71 #
Draft opinion Paragraph 9 9. Highlights the importance of tackling foreign subsidies that are distorting the EU’s internal market and
Amendment 72 #
Draft opinion Paragraph 9 9. Highlights the importance of tackling distortive foreign subsidies that are
Amendment 73 #
Draft opinion Paragraph 9 a (new) 9 a. Expresses concern over retaliation measures against EU companies at global level, including the risk of the mirroring anti-subsidy principle directed at EU companies, for example in public procurement; stresses the key importance of creating transparent and measurable indicators and investigation procedures to establish clear framework for the assessment of the distortive effect of foreign subsidies;
Amendment 74 #
Draft opinion Paragraph 9 a (new) 9 a. Adds that in order to ensure a level playing field in the single market and in global context, measures to effectively address social, environmental and fiscal dumping are needed; calls therefore on the Commission to establish an ambitious legal framework to verify compliance with social, environmental and human rights’ requirements as under EU law and international conventions;
Amendment 75 #
Draft opinion Paragraph 9 a (new) 9a. Calls for a quota or European preference to be introduced for local or European production in public procurement in the digital sector in Europe.
Amendment 76 #
Draft opinion Paragraph 9 b (new) 9 b. Recalls that based on the OECD 2021 study, the empirical analysis there conducted finds that below-market finance may have been a contributor to excess capacity in a number of sectors, subsidies also appear to be negatively correlated with firm productivity; notes that the OECD findings also raised significant concerns about a lack of transparency in relation to below-market finance; believes that the EU should target these negative consequences of foreign subsidies on the internal market effectively, considering the potential negative effects of regulation, including the administrative and regulatory burden, retaliation measures and impact on investments and growth;
Amendment 77 #
Draft opinion Paragraph 9 c (new) 9 c. [subtitle to be inserted] Review of competition policy and enforcement rules
Amendment 78 #
Draft opinion Paragraph 9 d (new) 9 d. Notes the aim to improve competition rules and their enforcement; stresses the need to prepare in-depth analysis of the regulatory approaches in other developed markets, in order to compare their effectiveness, to avoid market failures and consumer welfare losses and to deliver the most efficient regulatory environment; notes the UK approach to target the companies with highest risk of harm, including by imposing remedies supported by fair and robust process in place to ensure that remedies are evidence-based, targeted, proportionate, and subject to appropriate legal safeguards;
Amendment 79 #
Draft opinion Paragraph 9 e (new) 9 e. Reminds the Court of Auditors recommendations1c, which state that the Commission should follow a more proactive approach by gathering and processing market relevant information in a consistent and cost-efficient manner and select cases for investigation based on clearly weighted criteria, for example by using a scoring system; highlights the need, in line with the Court of Auditors’ recommendations, for the new rules to improve the reporting of the results of the enforcement action, instead of focusing on reporting of activities; _________________ 1c 2020 Special Report; The Commission’s EU merger control and antitrust proceedings: a need to scale up market oversight
Amendment 8 #
Draft opinion Paragraph 1 b (new) 1 b. [subtitle to be inserted before para 2] Improving competition in the services sector
Amendment 80 #
Draft opinion Paragraph 9 f (new) 9 f. Recalls that profit-seeking behaviour should be accepted and should not be accused of being anti-competitive without objective and facts-based reason, reminds that anticompetitive behaviour is prohibited and hyper-competitive behaviour is not; reminds that particular offering attracting many consumers because of its convenience is not in itself sufficient ground for concern; calls on the Commission to distinguish those behaviours for antitrust enforcement;
Amendment 81 #
Draft opinion Paragraph 9 g (new) 9 g. Highlights the need to prepare any legislative proposal based on data, in- depth impact assessments, best practices and analyses in order to promote consumer welfare and to avoid unnecessary administrative or regulatory burden;
Amendment 82 #
Draft opinion Paragraph 9 h (new) Amendment 83 #
Draft opinion Paragraph 9 i (new) 9 i. Reminds that in 1980, China accounted for 2,3 % of the global economy, the US 21,3 % and the current EU 27 almost 26%; notes however that in 2020, China reached 18,3 %, the US fell to 15,8 % and the EU to 15%; stresses that without economic growth, we can hardly improve healthcare, education, research or environmental protection on the internal market; calls on the Commission to analyse the key shortcomings in competition policy, including the impact of excessive administrative burden, impact of lack of legal certainty and protectionism measures at the EU and national levels;
Amendment 84 #
Draft opinion Paragraph 9 j (new) 9 j. Regrets that the number of EU unicorns is rather limited compared to other developed regions or countries; urges the Commission to analyse the regulatory environment in the most successful countries and to publish the best practices; further calls on the Commission to introduce changes to improve competition policy on the internal market to create a better suited environment for companies, including start-ups, entrepreneurs and innovators;
Amendment 85 #
Draft opinion Paragraph 9 k (new) 9 k. Agrees with the statement of Commissioner Vestager, highlighting that strong businesses would not emerge by shielding them from competition, but by exposing them to it; stresses that protectionism measures should be phased out; reminds that the right goal to improve the resilience of the internal market should not be considered as an excuse for new protectionism measures; calls on the Commission to provide analyses for each such measure in order to quantify its overall impact on the internal market and its openness;
Amendment 86 #
Draft opinion Paragraph 9 l (new) 9 l. Recalls the IMF 2021 report on Competition, Innovation, and Inclusive Growth, which states that competition and innovation-led growth are critical to drive productivity gains and support broad- based growth; notes that it also states that policies to support innovation could also improve business dynamism and reduce market power;
Amendment 87 #
Draft opinion Paragraph 9 m (new) 9 m. Urges the Commission to carry out an ex post evaluation of its enforcement decisions, including the impact of the fines and sanctions given for anti- competitive conduct in the internal market, whether they were effective and delivered intended results.
Amendment 9 #
Draft opinion Paragraph 2 2. Recalls that services represent the largest economic activity in the EU in terms of gross added value
source: 703.043
2022/01/27
ECON
274 amendments...
Amendment 1 #
Motion for a resolution Citation 1 a (new) - having regard Regulation (EU) 2021/1119 of the European Parliament and of the Council1 which sets the target of economy-wide climate neutrality by 2050 and establishes a binding Union reduction commitment of GHG emissions of at least 55 per cent below 1990 levels by 2030,
Amendment 10 #
Motion for a resolution Citation 8 b (new) - having regard to the Special Advisors Report on “Competition Policy for the Digital Era” commissioned by DG Competition, 1b __________________ 1bEuropean Commission, Directorate- General for Competition, Montjoye, Y., Schweitzer, H., Crémer, J., Competition policy for the digital era, Publications Office, 2019, https://data.europa.eu/doi/10.2763/407537
Amendment 100 #
Motion for a resolution Paragraph 4 4. Takes note of the renewal of the temporary framework for State aid measures, which was established in response to the COVID-19 crisis and is designed to accelerate the recovery; notes, however, that there has been evidence that Member States with lower levels of public debt have benefitted disproportionately from it; calls on the Commission to assess redistributive measures in order to close this gap;
Amendment 101 #
Motion for a resolution Paragraph 4 4.
Amendment 102 #
Motion for a resolution Paragraph 4 4.
Amendment 103 #
Motion for a resolution Paragraph 4 – point 1 (new) (1) Demands that as long as there are restrictions imposed by governments to contain the spread of the virus, all State aid necessary to support affected economic activities should be allowed, especially national schemes allowing moratoria on bank financing and direct grants to SMEs;
Amendment 104 #
Motion for a resolution Paragraph 4 a (new) 4a. Emphasises that a smooth, timely, and proportionate exit from the Temporary State aid Framework is necessary to progressively reduce the flexibility granted under the temporary measures in alignment with the evolution of the COVID-19 crisis; reiterates that the National Recovery and Resilience Plans (NRRPs) are appropriate vehicles to accelerate the recovery of national economies; reminds that NRRP spending at the Member State level should incorporate European goals to deliver on the digital and green transitions; highlights the possible distortive effects to competition in national markets stemming from NRRPs pending should be monitored; calls on the Commission to maintain its coordinating role in ensuring that NRRPs are synchronised with the EU’s Recovery and Resilience Facility (RRF); urges the Commission to closely monitor possible fragmentations of the European Industrial strategy stemming from diverging national industrial policies in order to deliver a coherent, sustainable, and resilient recovery from the COVID-19 crisis; further calls on the Commission to introduce a post COVID-19 roadmap for targeted State aid in order to promote competitiveness and safeguard jobs, in particular in areas where employment levels are abnormally low;
Amendment 105 #
Motion for a resolution Paragraph 4 a (new) 4a. Calls on the Commission to ensure that a gradual phasing out of the Temporary Framework will only be implemented following a stable decrease of COVID-19 cases; calls on the Commission to treat with priority and flexibility all State aid measures forming part of national recovery and resilience plans;
Amendment 106 #
Motion for a resolution Paragraph 4 a (new) 4a. Believes that particular attention should be paid to investments made under the National Recovery and Resilience Plans to avoid excessive reliance on public investment instead of the medium- term development of private industry;
Amendment 107 #
Motion for a resolution Paragraph 4 a (new) 4a. Takes note that 80,1% of State aid approved was notified by only 3 Member States, with 51.5% only for Germany; calls the Commission to assess the impact of this high concentration of State aid on the internal market;
Amendment 108 #
Motion for a resolution Paragraph 4 a (new) 4a. Takes a positive view of the use made of the temporary framework for State aid measures, stressing the appropriateness and reasonableness of the decisions taken in its implementation; asks, however, the Commission to provide a timely assessment as soon as possible to enable the European Parliament to have a solid and fact-based political debate and provide Europe’s lawmakers with relevant information for a future amendment of the legal framework;
Amendment 109 #
Motion for a resolution Paragraph 4 b (new) 4b. Deplores that no green conditioning was attached to the 670 decisions approving €3 trillion of State aid under the Temporary Framework; Regrets in particular that more than 40 decisions allowed State aid to airlines, airports and ground handling companies without requiring these companies to adopt transition plans toward a more sustainable business models;
Amendment 11 #
Motion for a resolution Citation 8 c (new) Amendment 110 #
Motion for a resolution Paragraph 5 5. Welcomes the planned evaluation of the rules on health and social services of general economic interest (SGEI) to ensure that those rules meet their objectives and are fit for purpose; in this context, is concerned about the systemic weakening of healthcare systems in many Member States also due to a reduction of public spending in the sector, and to this effect the fragile response by many Member States to the ongoing COVID-19 pandemic;
Amendment 111 #
Motion for a resolution Paragraph 5 5. Welcomes the planned evaluation of the rules on health and social services of general economic interest (SGEI) to ensure that those rules meet their objectives and are fit for purpose; Recalls the need for better targeted State aid especially for SGEI, including energy, transport, telecommunication, health and housing;
Amendment 112 #
Motion for a resolution Paragraph 5 5. Welcomes the planned evaluation of the rules on health and social services of general economic interest (SGEI) to ensure that those rules meet their economic and social objectives and are fit for purpose;
Amendment 113 #
Motion for a resolution Paragraph 5 a (new) 5a. Emphasises the critical moment for the Union’s hospitality industry which has been from an economic and financial perspective the hardest hit throughout the ongoing COVID-19crisis; in this context applauds state assistance directed towards the sector and calls for an EU policy aimed at reinforcing these efforts until a full recovery is achieved;
Amendment 114 #
Motion for a resolution Paragraph 6 6. Reiterates the importance of the Commission and the Member States launching a post-COVID-19 roadmap for better targeted State aid in order to promote competitiveness and growth and ensure high-quality jobs; calls on the Commission and Member States to launch a post COVID-19 roadmap to tackle fragmentation, market distortions and a possible unlevelled playing field in the single market caused by Member States’ asymmetric application of State aid; further calls on the Commission to introduce guidance on the appropriate use competition policy tools to foster a recovery cantered on sustainable jobs and sustainable transition of market participants; recommends the roadmap encompassed an assessment on the effect of the COVID-19 crisis on EU competition policy;
Amendment 115 #
Motion for a resolution Paragraph 6 6. Reiterates the importance of the Commission and the Member States launching a post-COVID-19 roadmap for better targeted State aid in order to promote competitiveness and growth and ensure high-quality jobs; Notes with concern the large heterogeneity across Member States in the amounts of State aid granted as a response to the pandemic; Recognises that large amounts of State aid were necessary to support businesses through lockdowns;
Amendment 116 #
Motion for a resolution Paragraph 6 6. Reiterates the importance of the Commission and the Member States launching a post-COVID-19 roadmap for better targeted State aid in order to promote competitiveness and growth and ensure high-quality jobs; However, also emphasises the need to consider the dynamics of the internal market when large Member States are able to subsidise more than smaller Member States;
Amendment 117 #
Motion for a resolution Paragraph 6 6. Reiterates the importance of the Commission and the Member States launching a post-COVID-19 roadmap for better targeted State aid in order to promote competitiveness and growth and to ensure high-quality jobs and in-service training, to support the digital transition and to develop access to education and lifelong learning;
Amendment 118 #
Motion for a resolution Paragraph 6 6. Reiterates the importance of the Commission and the Member States launching a post-COVID-19 roadmap for better targeted State aid in order to promote competitiveness and growth and ensure high-quality jobs; calls for a steady phasing-out of the State aid as the pandemic becomes manageable;
Amendment 119 #
Motion for a resolution Paragraph 6 6. Reiterates the importance of the Commission and the Member States launching a post-COVID-19 roadmap for strengthened and better targeted State aid in order to promote competitiveness and growth and ensure high-quality jobs;
Amendment 12 #
Motion for a resolution Citation 8 d (new) - having regard to the Final 1c Report for DG Justice on "Consumer vulnerability across key markets in the European Union"1d, __________________ 1cEuropean Commission, Consumers, Health, Agriculture and Food Executive Agency, Consumer vulnerability across key markets in the European Union : final report, Publications Office, 2016, https://data.europa.eu/doi/10.2818/056024 1dEuropean Commission, Consumers, Health, Agriculture and Food Executive Agency, Consumer vulnerability across key markets in the European Union : executive summary, Publications Office, 2017, https://data.europa.eu/doi/10.2818/165625
Amendment 120 #
Motion for a resolution Paragraph 6 6.
Amendment 121 #
Motion for a resolution Paragraph 6 – point 1 (new) (1) Calls on the Commission to carry out an in-depth analysis of State aid granted by the Member States during the pandemic crisis and the major financial crisis in order to identify asymmetries in intervention and the resulting impacts on the free market;
Amendment 122 #
Motion for a resolution Paragraph 6 a (new) 6a. Emphasises that the NGEU Package gives the Member States not only the possibility to stabilise, but especially to support the European economy to fulfil the digital and the green transformation, but claims that fair competition must not be called into question;
Amendment 123 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls for reflection on possible distortions of competition arising from the European Central Bank’s (ECB) pandemic emergency purchase programme (PEPP) and corporate sector purchase programme (CSPP); asks the Commission to examine whether possible distortions of competition arise from the CSPP especially between SMEs and multinational corporations; welcomes that the ECB is preparing to align its corporate asset purchases with the Paris Agreement but warns against delay;
Amendment 124 #
Motion for a resolution Paragraph 6 a (new) 6a. Stresses the need to take into account particularly the SMEs from rural and less developed areas in the post- COVID-19 roadmap which need to be provided access to wider markets and eliminate spatial problems resulting from geographical disadvantages, aiming to provide them with equal support, fair opportunities and a balanced development across the single market;
Amendment 125 #
Motion for a resolution Paragraph 7 7. Emphasises the importance of safeguarding the competitiveness of European companies in a globalised arena, of striving for reciprocity, and of ensuring fair competition for regional markets in the single market; notes that the international environment needs to be carefully analysed when deciding on the definition of the relevant market in competition and merger control cases; deplores that in the past the Commission has sometimes taken a very narrow perspective of the relevant market thus depriving European companies of the opportunity to effectively compete in a globalised arena;
Amendment 126 #
Motion for a resolution Paragraph 7 7. Emphasises the importance of safeguarding the competitiveness of European companies in a globalised arena, of striving for reciprocity, and of ensuring fair competition for regional markets in the single market; stresses the benefits of tax competition between Member States in improving the functioning of the internal market and raising the European region’s level of competitiveness at international level;
Amendment 127 #
Motion for a resolution Paragraph 7 7. Emphasises the importance of safeguarding the competitiveness of European companies in a globalised arena, of striving for reciprocity, and of ensuring fair competition for regional markets in the single market; acknowledges the rationale behind the Important Projects of Common European Interest (IPCEI) is that state interventions are justified in the clear presence of well documented market failures;
Amendment 128 #
Motion for a resolution Paragraph 7 7. Emphasises the importance of safeguarding the competitiveness of European companies in a globalised arena, of striving for reciprocity, and of ensuring fair competition for regional markets in the single market; stresses the need for a global level-playing field, also in relation to the Fit For 55 proposals; therefore welcomes the Commission’s proposal on CBAM;
Amendment 129 #
Motion for a resolution Paragraph 7 7. Emphasises the importance of safeguarding the competitiveness of European companies in a globalised arena, of striving for reciprocity, and of ensuring fair competition for regional markets in the single market; Reiterates that the allocation of State aid to IPCEI shall as a rule of thumb be spent on research and development and not on production capacities;
Amendment 13 #
Motion for a resolution Citation 8 e (new) - having regard to the “Online platforms and digital advertising” Market Study1e of the Competition and Markets Authority (CMA) of the United Kingdom, __________________ 1eCompetition and Markets Authority (CMA), "Online platforms and digital advertising market study", Market Study Final Report, 1 July 2020, https://assets.publishing.service.gov.uk/m edia/5fa557668fa8f5788db46efc/Final_re port_Digital_ALT_TEXT.pdf
Amendment 130 #
Motion for a resolution Paragraph 7 7. Emphasises the importance of safeguarding the competitiveness of European companies in a globalised arena, of striving for reciprocity, and of ensuring fair competition for regional markets in the single market; of protecting local producers operating in local, regional and European markets and of ensuring fair competition at local level;
Amendment 131 #
Motion for a resolution Paragraph 7 7. Emphasises the importance of safeguarding the competitiveness of European companies in a globalised arena, of striving for reciprocity, and of ensuring fair competition for regional markets in the single market; further emphasises that to achieve this goal, State aid must only be allocated to European companies in extraordinary cases;
Amendment 132 #
Motion for a resolution Paragraph 7 7. Emphasises the importance of safeguarding the competitiveness of European companies in a
Amendment 133 #
Motion for a resolution Paragraph 7 – point 1 (new) (1) Calls on the Commission to review the State aid framework, which often puts European companies at a disadvantage compared to non-EU competitors that are facilitated by less stringent State aid rules;
Amendment 134 #
Motion for a resolution Paragraph 7 a (new) 7a. Stresses the importance of a structured global dialogue and cooperation on competition policy enforcement particularly with regard to State aid issues;
Amendment 135 #
Motion for a resolution Paragraph 7 a (new) 7a. Regrets that the Commission continue to negotiate free trade agreements (FTA) without ensuring that these agreements are in line with the Green Deal objectives; calls on the Commission to pay greater attention of the impact of FTA on SMEs and to ensure a level playing field between EU and companies and third country companies; urges the Commission to ensure that FTAs do not undermine such level playing field by guaranteeing that equivalent environmental, social and governance standards applied to goods and services imported into the EU; demands to implement an EU-wide import ban on goods made with forced labour;
Amendment 136 #
Motion for a resolution Paragraph 7 b (new) 7b. Expresses its strong concerns regarding the EU-Mercosur trade agreement as negotiated by the Commission; stresses that the EU- Mercosur trade agreement could lead to massive deforestation, jeopardise the enforcement of EU health and food safety standards and create an unfair playing field for European producers; calls for the reopening of the negotiation mandate to fully align the deal with the Green Deal Objectives including by introducing mirror clauses requiring all European standards to apply to products imported from the Mercosur countries;
Amendment 137 #
Motion for a resolution Paragraph 7 c (new) 7c. Highlights the potential of the ongoing review of the Guidelines on Horizontal Cooperation Agreements to facilitate cooperation agreements for sustainability which may result in the achievement of legitimate environmental or social policy objectives in the EU and abroad (such as enhanced environmental standards or the achievement of living incomes or living wages in third countries); invites the Commission in particular to consider societal benefits and delayed benefits when evaluating the fulfilment of Article 101(3);
Amendment 138 #
Motion for a resolution Paragraph 8 8. Welcomes the Commission’s proposal for a new regulation on foreign subsidies in order to curtail potentially distortive effects on the single market, close the enforcement gap, and level the playing field for
Amendment 139 #
Motion for a resolution Paragraph 8 8. Welcomes the Commission’s proposal for a new regulation on foreign subsidies in order to curtail potentially distortive effects on the single market, close the enforcement gap, safeguard the Union’s interests and level the playing field for European companies by using EU competition law instruments and their key building blocks;
Amendment 14 #
Motion for a resolution Citation 8 f (new) - having regard to the Digital Advertising Services Inquiry Report1f of the Australian Competition and Consumer Commission (ACCC), __________________ 1fAustralian Competition and Consumer Commission (ACCC), "Digital advertising services inquiry", Final report, August 2021, https://www.accc.gov.au/system/files/Digit al%20advertising%20services%20inquiry %20-%20final%20report.pdf
Amendment 140 #
Motion for a resolution Paragraph 8 8.
Amendment 141 #
Motion for a resolution Paragraph 8 8.
Amendment 142 #
Motion for a resolution Paragraph 8 8. Welcomes the Commission’s
Amendment 143 #
Motion for a resolution Paragraph 8 8. Welcomes the Commission’s proposal for a new regulation on foreign subsidies in order to curtail potentially distortive effects on the single market, close the enforcement gap, and level the playing field for European companies by using EU competition law instruments and their key building blocks; underlines that the EU’s State aid rules should apply to all companies active in the single market, both European and foreign;
Amendment 144 #
Motion for a resolution Paragraph 8 8. Welcomes the Commission’s proposal for a new regulation on foreign subsidies in order to curtail potentially distortive effects on the single market, close the enforcement gap,
Amendment 145 #
Motion for a resolution Paragraph 8 a (new) 8a. Notes that national tax policies and measures can impact tax collection of other Member States and can have a distortive effect on both fair competition and investments in the single market; recalls that some Member States’ schemes taxing profits made in an international context at a lower rate than the national nominal rate or artificially lowering marginal rates risk putting SMEs at a competitive disadvantage;
Amendment 146 #
Motion for a resolution Paragraph 8 a (new) 8a. Stresses that the Union should remain open to foreign direct investments complying with its legal framework;
Amendment 147 #
Motion for a resolution Paragraph 8 a (new) 8a. Is of the opinion that the Union and the Member States need targeted policies and investments in order to re- industrialise certain strategic industries and re-shore jobs and value chain activities;
Amendment 148 #
Motion for a resolution Paragraph 8 b (new) 8b. Welcomes the adoption of the public country-by-country reporting (pCBCR) proposal in November 2021 and urges Member States to transpose the obligations into their national laws as soon as possible; looks forward to the Commission legislative proposal to extend corporate tax transparency to all countries where an undertaking or group of undertakings operates in, based on the methodology for calculating effective tax rates established under Pillar 2 of the OECD negotiations; repeats its call for a minimum effective corporate tax rate; welcomes the Commission’s “Business in Europe: Framework for Income Taxation”(BEFIT) proposal and calls on Member States to swiftly agree on an ambitious proposal for a European corporate tax rulebook;
Amendment 149 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to rigorously and impartially enforce competition policy while striving for continued constructive dialogue and cooperation on key technological and economic issues with like-minded partners and stakeholders;
Amendment 15 #
Motion for a resolution Citation 9 a (new) - having regard to the Communication (C(2021) 8838final) from the Commission on Guidelines on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons of December 9th 20217,
Amendment 150 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to
Amendment 151 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to continue to rigorously enforce competition policy while striving for continued constructive dialogue and cooperation on key technological and economic issues with like-minded partners and stakeholders;
Amendment 152 #
Motion for a resolution Paragraph 9 a (new) 9a. Highlights the importance of national competition authorities in preserving markets and ensuring a level playing field during the COVID-19 outbreak; emphasizes their increased role in platform economy matters and the high use of their enforcement capacities in many other regulatory areas and calls for adequate resources and qualified staff;
Amendment 153 #
Motion for a resolution Paragraph 10 10. Welcomes the launch of the EU-US Trade and Technology Council (TTC), which will seek to deepen economic and transatlantic relations based on common values; notes
Amendment 154 #
Motion for a resolution Paragraph 10 10. Welcomes the launch of the EU-US Trade and Technology Council (TTC) and the Joint Competition Council, which will seek to deepen economic and transatlantic relations based on common values; notes with appreciation that the transformation of the EU’s rules vis-à-vis digital platform companies is mirrored by comparable legislative initiatives and individual investigations in the US;
Amendment 155 #
Motion for a resolution Paragraph 10 10.
Amendment 156 #
Motion for a resolution Paragraph 10 10.
Amendment 157 #
Motion for a resolution Paragraph 10 10. Welcomes the launch of the EU-US Trade and Technology Council (TTC), which will seek to deepen economic and transatlantic relations based on common values; notes with appreciation that the transformation of the EU’s rules vis-à-vis digital platform companies is mirrored by comparable legislative initiatives and individual investigations in the US
Amendment 158 #
Motion for a resolution Paragraph 10 a (new) 10a. Acknowledges the role of NCAs in enabling and making effective the new regulatory regimes, especially in the areas of platform economy, foreign subsidies, foreign direct investment screening or unfair trading practices and that this should come along with sufficient and proper resources, complementing the standard prescribed by Directive (EU) 2019/1;
Amendment 159 #
Motion for a resolution Paragraph 10 a (new) 10a. Stresses that dedicated cooperation agreements with third countries in the area of competition policy can meaningfully contribute to the effectiveness of competition policy; invites the European Commission to pursue more dedicated competition agreements, that allow for a more effective exchange of information between competition authorities;
Amendment 16 #
Motion for a resolution Citation 12 a (new) Amendment 160 #
Motion for a resolution Paragraph 10 a (new) 10a. Acknowledges the importance of national competition authorities in enforcing and ensuring the application of EU competition law; calls on Member States to ensure adequate staffing of these authorities in view of their increasing role and responsibilities;
Amendment 161 #
Motion for a resolution Paragraph 10 a (new) 10a. Stresses that companies using tax havens (within and outside the EU) for tax avoidance should be banned from accessing State aid or financial support;
Amendment 162 #
Motion for a resolution Paragraph 10 b (new) 10b. Highlights that banks receiving state aid should be prevented from distributing dividends and approving bonus payments for CEOs and top managers;
Amendment 163 #
Motion for a resolution Paragraph 11 11. Stresses that Parliament’s negotiating mandate on the Digital Markets Act
Amendment 164 #
Motion for a resolution Paragraph 11 11. Stresses that
Amendment 165 #
Motion for a resolution Paragraph 11 11. Stresses that Parliament’s negotiating mandate on the Digital Markets Act
Amendment 166 #
Motion for a resolution Paragraph 11 11.
Amendment 167 #
Motion for a resolution Paragraph 11 a (new) 11a. Points out the specific importance of the prohibition of any abusive conducts by a dominant position under Article 102 TFEU; recalls that the Digital Market Act is a first step towards curbing abuses of a dominant position, but focuses only on abusive practices, the ability of companies to enter new markets and become dominant in new sectors needs to be assessed more carefully; calls on the Commission to create a fair business environment for commercial users who depend on gatekeepers, in order to ensure free competition online as well;
Amendment 168 #
Motion for a resolution Paragraph 12 12. Calls on the Commission to ensure a smooth and rapid implementation of
Amendment 169 #
Motion for a resolution Paragraph 12 12. Calls on the Commission to ensure a smooth and rapid implementation of the new regulatory measures, while ensuring synergies and avoiding overlap with or duplications of existing and upcoming measures;
Amendment 17 #
Motion for a resolution Citation 13 a (new) - having regard to Communication C(2021) 9817 final of December 21st 2021 from the Commission on the Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG)10,
Amendment 170 #
Motion for a resolution Paragraph 12 12. Calls on the Commission to ensure a smooth and rapid implementation of the
Amendment 171 #
Motion for a resolution Paragraph 13 13. Calls on the Commission to ensure that the regulatory and enforcement tasks are delegated within its services swiftly and in a transparent manner in order to eliminate inefficiencies and administrative burdens;
Amendment 172 #
Motion for a resolution Paragraph 13 13. Calls on the Commission to ensure that the regulatory and enforcement tasks are delegated within its services swiftly and in a transparent manner in order to eliminate inefficiencies and administrative burdens; calls on the Commission, in this regard, to dedicate sufficient and proper resources to implementing the Digital Markets Act; calls on the Commission to clarify the internal enforcement of the Digital Markets Act before it enters into force;
Amendment 173 #
Motion for a resolution Paragraph 13 a (new) Amendment 174 #
Motion for a resolution Paragraph 13 a (new) 13a. Points out the need for the Commission to allocate adequate resources to be able to effectively enforce EU competition rules; notes the need to ensure specific expertise on digital issues and online platforms practices with behavioural economists, algorithms specialists, engineers and data scientists; underlines the need to ensure a swift cooperation with national competition authorities and build on their growing expertise;
Amendment 175 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls on the Commission to carry out the necessary arrangements in organizing the Digital Markets Act enforcement structure; calls on the Commission to ensure that complementary antitrust and DMA cases, whether at national or EU level, benefit from an unparalleled coordination and enforcement track, by accommodating the new instrument alongside the current competition framework;
Amendment 176 #
Motion for a resolution Paragraph 13 a (new) 13a. Reiterates that limited access to relevant data may hinder participants’ entry into the market, and inhibit the overall rate of expansion and innovation in a given market; notes with concern that gatekeepers that develop a data advantage over rivals can achieve critical economies of scale therefore contributing to the further tilting of competitive balances in digital markets;
Amendment 177 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls on the Commission to articulate merger review, foreign direct investment screening and foreign subsidies control in a coherent manner, as to make sure that the different procedural frameworks allow for legal certainty and timely decisions;
Amendment 178 #
Motion for a resolution Paragraph 13 b (new) 13b. Stresses that digital transformation is exacerbating the need for adaptation of competition policy and adjustments to the enforcement thereof; reminds that the characteristics of digital markets such as higher returns to scale and strong network externalities, particularly in the platform economy, enable incumbent market participants to establish advantageous competitive positions and create lock-in effect for categories of users; reminds that participants in the digital market can collect, store, process, combine, and accumulate vast amounts of data, and that differential access thereto may enable possible barriers to market entry and distortions to competition; highlights that data concentrations are increasingly relevant and appropriate identifiers for relevant markets and potential distortions to competition;
Amendment 179 #
Motion for a resolution Paragraph 13 c (new) 13c. Takes note of the Commission’s opening of antitrust investigations into possible anticompetitive conducts in the online advertising technology sector; reminds that the investigations are aimed at assessing whether EU competition rules have been violated by favouring own online display advertising technology services in the ad tech supply chain, and for using advertising data gathered from advertisers to compete with them in the classified ads market; takes note of the CMA’s 2020 market study into online platforms and digital advertising, and the ACCC’s 2021 report of its inquiry into the markets for the supply of ad tech services and ad agency services; urges the Commission to build on the momentum and early indications of the recent antitrust investigations into possible anticompetitive conduct in the online advertising technology sector, and commence a market study of the sector in the EU to investigate issues that have an impact on competition, the functioning of the market, and consumer-specific issues such as choice, quality, safety, privacy, and information, as well as consumer understanding, behaviour and decision making;
Amendment 18 #
Motion for a resolution Citation 13 a (new) - having regard to the Commission’s follow up to the European Parliament non-legislative resolution on the Annual Report on Competition policy 2019,
Amendment 180 #
Motion for a resolution Paragraph 14 14. Welcomes the recent judgment by the General Court of the EU
Amendment 181 #
Motion for a resolution Paragraph 14 14. Welcomes the recent judgment by the General Court of the EU3 , which confirms the Commission’s assessment as regards a dominant market position and is proof and an example of the effective application of traditional EU competition rules in the context of a digital economy; notes with concern that Case T-612/17 started in November 2010, and that the digital market is a fast-moving market; emphasises the need for new instruments to respond more swiftly to actual or potential market dominance and the potential distortions to competition thereof, as well as any negative impacts on consumer welfare and choice they create; __________________ 3Judgment of the General Court of 10 November 2021, Google and Alphabet v Commission, T-612/17, ECLI:EU:T:2021:763.
Amendment 182 #
Motion for a resolution Paragraph 14 14. Welcomes the recent judgment by the General Court of the EU3 , which confirms the Commission’s assessment as regards a dominant market position and is proof and an example of the effective application of traditional EU competition rules in the context of a digital economy; Notes however that the enforcement of the European Commission Decision in the Google Shopping case still raises some concerns and shall not serve as a precedent for the implementation of the self-preferencing interdiction in the DMA; Calls on the Commission to ensure that competition is truly restored; __________________ 3Judgment of the General Court of 10 November 2021, Google and Alphabet v Commission, T-612/17, ECLI:EU:T:2021:763.
Amendment 183 #
Motion for a resolution Paragraph 14 14. Welcomes the recent judgment by the General Court of the EU3 , which confirms the Commission’s assessment as regards a dominant market position and is proof and an example of the effective application of traditional EU competition rules in the context of a digital economy; notes, however, that such procedures tend to take very long and expects that the new tools available with the Digital Markets Act will help to resolve anti-competitive behaviour more quickly; __________________ 3Judgment of the General Court of 10 November 2021, Google and Alphabet v Commission, T-612/17, ECLI:EU:T:2021:763.
Amendment 184 #
Motion for a resolution Paragraph 14 14. Welcomes the recent judgment by the General Court of the EU3, which confirms the Commission’s assessment as regards a dominant market position and is proof and an example of the effective application of traditional EU competition rules in the context of a digital economy, in particular in respect of the regulation of global digital platforms and their interaction with other European companies;
Amendment 185 #
Motion for a resolution Paragraph 14 14. Welcomes the recent judgment by the General Court of the EU3 , which confirms the Commission’s assessment as regards a dominant market position and is proof and an example of the effective application of traditional EU competition rules in the context of a digital economy; Notes the lengthy legal process for the Google Shopping case and calls for additional resources for the enforcement authorities; __________________ 3Judgment of the General Court of 10 November 2021, Google and Alphabet v Commission, T-612/17, ECLI:EU:T:2021:763.
Amendment 186 #
Motion for a resolution Paragraph 14 a (new) 14a. Notes that in several specific markets for financial data (credit rating, financial indices, consolidated feeds…), there are multiple vendors and, although none of them has a dominant market share, competition remains very low; notes also that some financial market data vendors positioned as data aggregators could act as gatekeepers and as such could control access to data and restrict usage for customers; welcomes ESMA's guidelines on market data published in August 2021 and looks forward to the results of the peer review exercise scheduled for 2023; Calls on the Commission to assess those oligopolistic and gatekeepers situations and develop measures restoring competition, supporting price transparency and avoiding unfair and unreasonable commercial practices;
Amendment 187 #
Motion for a resolution Paragraph 14 a (new) 14a. Stresses that the rise of exploitative and exclusionary practices such as self- preferencing, exploitation of upstream providers, and excessive data collection enables digital platforms to determine market dynamics and control the ecosystem; notes with concern that excessive data processing whether through direct or third-party tracking which is non-compliant with data protection and privacy legislation can be viewed as a form of quality degradation by dominant providers and negatively impact consumer welfare;
Amendment 188 #
Motion for a resolution Paragraph 14 a (new) 14a. Welcomes the Commission’s determination to address unfair terms and practices, act decisively, and eliminate illegitimate obstacles to online competition in the European digital single market;
Amendment 189 #
Motion for a resolution Paragraph 14 b (new) 14b. Reaffirms the need to redefine the concept of consumer welfare and well- being within the scope of application of EU competition law based on appropriate benchmarks, values and a range of variables that account for the impact thereto; emphasises that a novel concept of consumer welfare in competition policy should encompass sustainability, social progress and economic resilience goals to the same extent as the goals of effective competition; notes with concern that short-term consumer price effects are insufficient indicators of economic welfare and social progress; reminds that a price-centric approach to consumer welfare is incompatible with the zero monetary price norms in the digital ecosystem and where possible consumer harm may not be easily demonstrable in price and output effects;
Amendment 19 #
Motion for a resolution Citation 13 b (new) - having regard to the joint motion for a resolution by the European Parliament on the climate, energy and environmental State aid guidelines (CEEAG) (2021/2923(RSP))of October 20th 2021,2a __________________ 2a Texts Adopted, P9_TA(2021)0441.
Amendment 190 #
Motion for a resolution Paragraph 14 c (new) 14c. Emphasises the importance of developing accurate and appropriate new theories of harm to take account of the evolution of business models and enforcing competition law thereto; calls on enforcement authorities and agencies to incorporate the intricacies of evolving business models when exploring novel theories of harm in order to avoid situations where infringement procedures may result in unintended consequences such as increased business uncertainty or possible chilling effects on competition;
Amendment 191 #
Motion for a resolution Paragraph 14 d (new) 14d. Considers the introduction of the concept of consumer vulnerability in competition assessments an appropriate measure to adapt the enforcement of EU competition law to evolving market dynamics; emphasises that established concepts from consumer law can enable the creation of an intervention benchmark in competition cases; stresses that enhanced protection to vulnerable groups of consumers is pivotal in digital markets, where the information asymmetry between the consumer and the provider as regards data processing and analytic processes employed to influence consumption behaviour may result in exposure to vulnerability and increased switching costs for consumers; further considers that the identification of consumer vulnerabilities in competition assessments could provide relevant insights to assessing restrictive practices or designing consumer-facing remedies;
Amendment 192 #
Motion for a resolution Paragraph 15 15.
Amendment 193 #
Motion for a resolution Paragraph 15 15. Supports the review of EU competition law instruments as outlined in the Commission communication of 18 November 2021; recalls, however, that this should not exclude the development of new tools where necessary and a better use of existing tools such as interim measures and appropriate behavioural remedies in order to achieve fair competition and achievement of our EU policy objectives enshrined in EU law;
Amendment 194 #
Motion for a resolution Paragraph 15 15. Supports the review of EU competition law instruments as outlined in the Commission communication of 18 November 2021; recalls, however, that this should not exclude the development of new tools where necessary; Calls for a swift return to the pre-pandemic rules for competition policy and state aid as economic activities stabilise after the pandemic;
Amendment 195 #
Motion for a resolution Paragraph 15 a (new) 15a. Recalls the Council's call on the Commission to consider how to tackle distortive effects resulting from a participation of bidders using tax havens outside the EU for tax avoidance purposes, giving a potential unfair advantage to multinational companies participating in such activities3a; recalls the European Parliament’s call on the Commission to consider the development of certain conditions to be applied to corporations and aggressive tax planning enablers and facilitators in public procurement procedures3b; urges the Commission to evaluate whether current legal standards allow the exclusion of undertakings or groups of undertakings using tax havens to reduce their tax bill based on the possible exclusion of bidders based on their integrity; invites the Commission to provide legal clarity in the form of guidelines to its Public Procurement Framework in this regard; calls on national governments to integrate this in their national frameworks; __________________ 3aCouncil Conclusions: Public Investment through Public Procurement: Sustainable Recovery and Reboosting of a Resilient EU Economy (13352/20), 25 November 2020, General Secretariat of the Council, para. 20, https://www.consilium.europa.eu/media/4 6905/st13352-en20.pdf 3b P9_TA(2021)0022, para. 23 - 26.
Amendment 196 #
Motion for a resolution Paragraph 16 16. Welcomes the ongoing review of State aid rules, which aims to ensure consistency with both established and new regulatory principles relevant to the twin transition; notes that an industrial strategy based on public investment and public subsidies directed to strategic industries is crucial for the achievement of the green transition targets and can promote climate sustainability, employment and economic development; stresses that the ongoing review of State aid rules should take into account the decisive role of the state in both transitions, thus allowing for greater public intervention in the markets;
Amendment 197 #
Motion for a resolution Paragraph 16 16. Welcomes the ongoing review of State aid rules, which aims to ensure consistency with both established and new regulatory principles relevant to the twin transition; Underlines in this context that government support to the companies with the highest national CO2 emissions shall not be qualified as illegal State aid, provided that this support is linked to ambitious CO2 reduction plans that contribute to meeting the Union’s 2030 and 2050 climate objectives;
Amendment 198 #
Motion for a resolution Paragraph 16 16. Welcomes the ongoing review of State aid rules, which aims to ensure consistency with both established and new regulatory principles relevant to the twin transition; Reiterates that the green transition and the fulfilment of the European Climate Law can only truly be achieved with private investments;
Amendment 199 #
Motion for a resolution Paragraph 16 a (new) 16a. Is concerned with the insufficient integration of the EU’s green and social objectives in State aid policies; notes the existing market failures to trigger the necessary investments in several areas, including energy efficiency; stresses that the state aid regime must be revised, taking the Union’s 2050 climate neutrality and 2030 greenhouse gas emission reduction targets; notes that mobilising investments at the scale needed to meet the 2030 targets will require the provision of State aid; calls on the Commission to make sure that the alignment to the Green Deal should be reflected on all State aid regulations;
Amendment 2 #
Motion for a resolution Citation 1 b (new) - having regard the Commission communication on the Guidelines on State aid for climate, environmental protection and energy 2022 published on 21st December 20212,
Amendment 20 #
Motion for a resolution Citation 13 c (new) - having regard to the European Court of Auditors’ (ECA) Special Report 24/2020 entitled "The Commission’s EU merger control and antitrust proceedings: a need to scaleup market oversight",
Amendment 200 #
Motion for a resolution Paragraph 16 a (new) 16a. Highlights that the transparency of the State aid case evaluation process should be enhanced; stresses that the motivation for approving cases as well as the conditions imposed are often only vaguely described; asks for a better and more systemic reporting on which Member States and which economic activities are entitled to which kind of public support; calls the European Court of Auditors to audit the Commission’s decision-making process regarding State aid and assess its effectiveness and transparency;
Amendment 201 #
Motion for a resolution Paragraph 16 a (new) 16a. Welcomes the review of the Communication on State aid rules for Important Projects of Common European Interest (IPCEI) to enable Member States and industry to jointly invest in breakthrough innovation; stresses the targeted changes to facilitate the participation of SMEs, align its objectives with current EU priorities such as the twin green and digital transition as well as resilience of the single market;
Amendment 202 #
Motion for a resolution Paragraph 16 b (new) 16b. Stresses that the European Commission evaluates State aid cases on a case-by-case basis; Highlights that there is a risk of interconnectedness between cases that can be neglected; Asks the Commission to evaluate the cases while taking into account previous cases submitted by the same Member State as well as similar cases submitted by other Member States;
Amendment 203 #
Motion for a resolution Paragraph 16 b (new) 16b. Underlines that IPCEIs can be powerful game-changers to achieve EU strategic priorities and respond to economic and social challenges; regrets that IPCEIs are not fully exploited and calls on the Commission and Member States to facilitate and finalize IPCEI in critical sectors such as hydrogen, cloud and health;
Amendment 204 #
Motion for a resolution Paragraph 16 b (new) 16b. Notes that this strategy is also important for achieving other EU objectives in the medium and long term, such as public debt sustainability, given the positive impact that public investment can have on economic growth and debt- to-GDP ratios, as recognized by the IMF’s October 2020 Fiscal Monitor;
Amendment 205 #
Motion for a resolution Paragraph 16 c (new) 16c. Stresses that companies registered in tax heavens should be banned from receiving State aid; Stresses that companies which received State aid should not pay dividends or make share buy-backs in 2022; Stresses that companies that have received State aid should not carry out large-scale social plans;
Amendment 206 #
Motion for a resolution Paragraph 16 d (new) 16d. Reiterates that taxation is sometimes used to grant indirect State aid, creating an uneven playing field in the internal market; calls in the Commission to review its tax State aid rules to assess whether tax advantages, such as tax exemptions or tax credits, do distort competition; calls on the Commission to look into the possibility to fine countries found in breach of EU State aid rules; encourages the Commission to pursue its investigations into Member States’ tax ruling practices;
Amendment 207 #
Motion for a resolution Paragraph 16 e (new) 16e. 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 208 #
Motion for a resolution Paragraph 16 f (new) 16 f. Regrets that some multinationals still adopt aggressive and harmful tax practices, recalls that tax advantages targeted at large companies may stifle innovation and jeopardise the contestability of markets, especially for SMEs;
Amendment 209 #
Motion for a resolution Paragraph 16 g (new) 16g. Underlines the need to coherently revisit the State aid rules and the Commission’s 2013 Banking Communication to reflect progress in the implementation and improvement of the crisis management framework and to achieve consistency with respect to Bank recovery and resolution directive (BRRD) requirements, taking due account of recent rulings of the Court of Justice of the European Union;
Amendment 21 #
Motion for a resolution Citation 16 a (new) - having regard to the study of January 2021 by the Council of Europe’s European Audiovisual Observatory (EAO) entitled ‘Trends in the VOD market in EU28’,
Amendment 210 #
Motion for a resolution Paragraph 17 17. Takes note of the planned revision of the related sections of the General Block Exemption Regulation (GBER)4 ; welcomes that the draft revised GBER further recognises renewable energies and biodiversity protection measures; stresses however that clear, stringent and enforceable criteria and targets should be set for allowing State aid to low-carbon hydrogen; considers that State aid to gas projects should be allowed only to renewable natural gas projects; __________________ 4 OJ L 187, 26.6.2014, p. 1.
Amendment 211 #
Motion for a resolution Paragraph 17 a (new) 17a. Repeats its calls that allowing State aid in the context of Services of General Economic Interest (SGEI) remains essential for the survival of several communities across Europe especially in the context of state support dedicated to isolated, remote or peripheral regions in the Union;
Amendment 212 #
Motion for a resolution Paragraph 18 18.
Amendment 213 #
Motion for a resolution Paragraph 18 18. Takes note of the Commission’s initiative to revise the State aid rules in the field of climate, environmental protection and energy (CEEAG) to align them with the European Green Deal and supports the adoption of new guidelines
Amendment 214 #
Motion for a resolution Paragraph 18 18. Takes note of the Commission’s initiative to revise the State aid rules in the field of climate, environmental protection and energy (CEEAG) to align them with the European Green Deal and supports the adoption of new guidelines in that regard; welcomes that the guidelines acknowledges that measures that directly or indirectly involve support to fossil fuels, in particular the most polluting ones, often have negative environmental externalities on the market; stresses that therefore those measures should never receive a positive assessment; welcomes that the guidelines include a dedicated section to renewable energy and energy efficiency;
Amendment 215 #
Motion for a resolution Paragraph 18 18. Takes note of the Commission’s initiative to revise the State aid rules in the field of climate, environmental protection and energy (CEEAG) to align them with the European Green Deal and supports the adoption of new guidelines in that regard; deplores, however, that the Commission has narrowed the State aid eligibility for energy-intensive companies considerably thus making the transition to a carbon- neutral economy considerably more difficult for the affected companies;
Amendment 216 #
Motion for a resolution Paragraph 18 18. Takes note of the Commission’s initiative to revise the State aid rules in the field of climate, environmental protection and energy (CEEAG) to align them with the European Green Deal and supports the adoption of new guidelines in that regard; Asserts that State aid can complement but never substitute private investments in technologies needed for the green transition;
Amendment 217 #
Motion for a resolution Paragraph 18 18. Takes note of the Commission’s initiative to revise the State aid rules in the field of climate, environmental protection and energy (CEEAG) to align them with the European Green Deal and supports the adoption of new guidelines in that regard; stresses that State aid rules cannot continue to be an obstacle to public investment;
Amendment 218 #
Motion for a resolution Paragraph 18 a (new) 18a. Welcomes the Commission’s revised Climate, Energy and Environmental Aid Guidelines (CEEAG) and its efforts to strengthen the 2014 guidelines and to aim for a higher level of environmental protection, which includes the decarbonisation of the energy sector; recalls the Union’s climate objective of reducing green house gas emissions by at least 55 % by 2030, as laid down in the European Climate Law, and the target of reaching climate neutrality by 2050 at the latest; welcomes the increased focus on fighting climate change and reducing green house gas emissions in the draft CEEAG; maintains that environmentally sustainable State aid is key to meeting the EU climate, energy and environmental protection objectives, while ensuring a just transition;
Amendment 219 #
Motion for a resolution Paragraph 18 a (new) 18a. Is specifically worried about the increased energy prices and the ripple effect it will have on the European economy, its external competitiveness, as well as the socioeconomic impact the rise of prices of energy bills and final goods will have on European citizens; in this context, recommends State aid measures aimed at cushioning this impact;
Amendment 22 #
Motion for a resolution Recital A A. whereas EU competition policy has an important role – especially at times of uncertainty and digital transformation – in ensuring effective competition to encourage innovation, set fair economic conditions, as well as driving innovation that develops new technologies which can help us to do more, with less harm to the environment and giving the industry a powerful incentive to use our planet’s scarce resources efficiently and provide greater choice for consumers;
Amendment 220 #
Motion for a resolution Paragraph 18 b (new) 18b. Welcomes the new chapter in the CEEAG on aid for the closure of coal, oil shale and peat activities; underlines that the phasing out of coal is one of the most important drivers for decarbonisation and recalls that the European Parliament in its resolution of 20 October 2021 called for introducing clear safeguards on the phasing out of fossil fuels, and that these safeguards may include mandatory closure dates; recalls furthermore that this resolution states that state aid rules should not cause or contribute to lock-in effects of green house gas emissions or the creation of stranded assets, and asks the Commission to monitor and apply measures to avoid lock-in effects where possible, in a way that is fully in line with the Union’s climate objectives;
Amendment 221 #
Motion for a resolution Paragraph 18 c (new) 18c. Welcomes European Commission’s Executive Vice-President Vestager’s remarks at the Conference of Europe Ministers of the German Länder on January 30, 2020 regarding the EU’s State aid rules for the future, enabling governments to support companies to decarbonise and electrify production4a; highlights that the results of the “fitness check” of the State aid rules confirms that adjustments would be necessary to align State aid rules with the objectives of the European Green Deal; __________________ 4aConference of Europe Ministers of the German Länder, Brussels, European Commission Executive Vice-President Margrethe Vestager, "State aid and a green, digital future", 30 January 2020, https://ec.europa.eu/commission/commissi oners/2019- 2024/vestager/announcements/state-aid- and-green-digital-future_en
Amendment 222 #
Motion for a resolution Paragraph 18 d (new) 18d. Reaffirms that individual State aid rules require further adaptation to be aligned with recent environmental and energy legislation, political and sustainability priorities, and developments in both technology and markets; emphasises that State aid rules should also be aligned with future challenges, in particular through the revision of the energy and environmental rules aimed at facilitating measures to further promote a modern decarbonised and circular economy;
Amendment 223 #
Motion for a resolution Paragraph 18 e (new) 18e. Welcomes the European Commission’s introduction of common assessment principles in a number of State aid guidelines to determine the compatibility of State aid with the internal market, including the proportionality test to ensure the consistent application of the rules; recommends that adjustments may be necessary to the common assessment principles to ensure that the objectives of the European Green Deal are met; notes with regret the Judgement of the European Court of Justice of September in case C-594/18 P, according to which the Commission did not have to take into account environmental protection principles in its State aid decision4b; calls on the Commission to update the common assessment principles and develop new guidelines on how sustainability considerations should be incorporated in the assessment of compatibility of aid to facilitate competitiveness based on high social and environmental standards; __________________ 4bCase C-594/18 Austria v Commission [2020] ECLI:EU:C:2020:742, para. 102.
Amendment 224 #
Motion for a resolution Paragraph 19 19. Believes that mainstreaming green and digital strategies is vital to support the EU’s transition; notes that public investment is crucial for both these strategies; calls on the Commission to incorporate this approach into the future conditions for State aid through its assessment of the De Minimis Regulation5 upon expiry; __________________ 5 OJ L 352, 24.12.2013, p. 1.
Amendment 225 #
Motion for a resolution Paragraph 19 19. Believes that mainstreaming green and digital strategies is vital to support the EU’s transition; calls on the Commission to incorporate this approach into the future conditions for State aid through its assessment of the De Minimis Regulation5 upon expiry; remarks that the De Minimis ceilings should be revisited and increased particularly given the very difficult economic realities being faced by Member States, whilst acknowledging the targets which are to be achieved in the areas of environment, energy and the digital transition; __________________ 5 OJ L 352, 24.12.2013, p. 1.
Amendment 226 #
Motion for a resolution Paragraph 19 a (new) 19a. Requests caution in the consolidation of the EU airline industry and the creation of EU industry leaders while taking into account the massive state aid allowed for certain EU airlines so as to ensure that on such a basis, the latter will not be enabled to eliminate or takeover smaller EU competitors; notes that peripheral regions and islands continue needing to have autonomy in regulating and supporting airlines that maintain their connectivity, even as these have been stricken hard by the pandemic; notes with concern how the connectivity of European insular regions gets to a practical halt during low seasons to the detriment of residents and businesses in these regions; questions how major EU airlines are often granted grand scale requests in quick time while smaller airlines are repeatedly investigated and at length regarding any minimal request for assistance; stresses that State aid money approvals should include safeguards against predatory actions on other EU firms by the firms which have received State aid;
Amendment 227 #
Motion for a resolution Paragraph 19 a (new) 19a. Regrets that the concentration in the market for credit rating agencies continues to deepen with S&P Global's market share having risen from 40% to 52% and the three largest agencies holding over 90% of the market1a; 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; __________________ 1aEuropean Securities and Markets Authority (ESMA), "Report on CRA Market Share Calculation", 22 December 2021, https://www.esma.europa.eu/document/re port-cra-market-share-calculation-2021.
Amendment 228 #
Motion for a resolution Paragraph 19 a (new) 19a. Calls on the Commission to carry out the necessary arrangements in organizing the Digital Markets Act enforcement structure; believes that complementary antitrust and DMA cases, whether national or EU level, should benefit from enhanced coordination and enforcement stream by accommodating the new instrument to the current competition framework;
Amendment 229 #
Motion for a resolution Paragraph 19 a (new) 19a. Believes that the Commission should avoid setting up a parallel stream of enforcement to DG Competition in regard to the Digital Markets Act; believes the effective application of the Regulation should imply coordination with competition policy, to be best achieved within the limits of the current framework;
Amendment 23 #
Motion for a resolution Recital A A. whereas EU competition policy has a
Amendment 230 #
Motion for a resolution Paragraph 19 a (new) 19a. Recognises that resources for the Commission's Directorate General for Competition (DG COMP) should be adequate to its workload and range of tasks; considers the need to ensure specific expertise in the context of the digital economy;
Amendment 231 #
Motion for a resolution Paragraph 19 a (new) 19a. Highlights the importance of reforming the current taxation system and develop an effective digital tax, so that digital multinationals pay their fair share of taxes in the countries in which they operate and generate revenues;
Amendment 232 #
Motion for a resolution Paragraph 19 b (new) 19b. Regrets the quasi monopoly of the ‘Big Four’ accountancy companies auditing the largest listed companies and upholds that lessons should be learned from recent scandals including the Wirecard scandal; calls on the Commission to overhaul of the EU audit regulatory framework to strengthen the supervision regime, address loopholes and Member State exceptions and introduce rules to avoid conflicts of interests by introducing mandatory audit rotation and ring-fencing auditing from consulting services; urges the Commission to take measures to avoid closeness between public institutions and audit firms, including in its own operations, and recalls, in this light, that according to the Court of Auditors the Commission spent more than €462 million on contracts with the ‘Big Four’ between 2016 ;and 20191a; __________________ 1a Euractiv, EU Court of Auditors looking into Commissions contracts with consultants, 19 March 2021, https://www.euractiv.com/section/econom y-jobs/news/eu-court-of-auditors-looking- into-commissions-contracts-with- consultants.
Amendment 233 #
Motion for a resolution Paragraph 19 b (new) 19b. Highlights that harmful tax practices and tax advantages targeted at large companies can stifle innovation; notes that these practices are particularly detrimental for SMEs; notes that patent box regimes and super R&D deductions and tax credits distort the level playing field in the EU; calls on the Commission to present concrete proposals for tackling this issue;
Amendment 234 #
Motion for a resolution Paragraph 19 c (new) 19c. Welcomes recent comments of Vice-President Vestager on regulating the 'Metaverse'1a; Is of the opinion the Metaverse is subject to ordinary European legislative frameworks, such as its Competition Framework, GDPR, ePrivacy Directive, DSA and DMA; Deplores earlier killer acquisitions taken place falling outside of the scope of the EU Merger Regulation; Calls, in this regard, on the Commission to actively monitor if companies and entities working on and in the Metaverse are abiding by the earlier mentioned legislative frameworks; __________________ 1aPolitico, "Vestager: Metaverse poses new competition challenges", 18 January 2021, https://www.politico.eu/article/metaverse- new-competition-challenges-margrethe- vestager/.
Amendment 235 #
Motion for a resolution Paragraph 20 20. Urges the Commission to accelerate work to deliver on its commitment to reviewing its notice on
Amendment 236 #
Motion for a resolution Paragraph 20 20. Urges the Commission to accelerate its commitment to reviewing
Amendment 237 #
Motion for a resolution Paragraph 20 20. Urges the Commission to accelerate its commitment to reviewing its notice on the definition of relevant market; notes that the Commission launched a call for evidence on the revision and updating of its market definition notice; stresses that this review should be adapted to the new digital environment, the increased global competition and the climate crisis;
Amendment 238 #
Motion for a resolution Paragraph 20 20. Urges the Commission to accelerate its commitment to reviewing its notice on the definition of relevant market; calls on the Commission to take into account a longer-term vision encompassing the global dimension and potential future competition in its competitive assessments;
Amendment 239 #
Motion for a resolution Paragraph 20 a (new) 20a. Is of the opinion that the accelerating speed of market entry and exit, and that of innovation, in combination with shorter innovation cycles, requires more dynamic analyses as regards market definition in digital markets; recalls that in dynamic market contexts, high market shares may not necessarily be indicative of market power as demonstrated by Case T-79/125a, and Commission decision in Case M.62815b; highlights that in digital markets where boundaries are becoming increasingly more blurred, ecosystem-specific aftermarkets may need to be defined where market players’ lock-in strategies are successful and consumers find it difficult to leave the ecosystem; __________________ 5aCase T-79/12, ECLI:EU:T:2013:635, para. 69. 5bCommission decision of 7 October 2011 in Case M.6281 Microsoft/Skype para. 78.
Amendment 24 #
Motion for a resolution Recital A A. whereas EU competition policy has a
Amendment 240 #
Motion for a resolution Paragraph 20 a (new) 20a. Calls on the Commission to revise mergers guidelines to take into account efficiency gains linked to mergers, including the challenge of EU industrial competitiveness; Welcomes the role of the Priorities and Strategic Coordination Unit at DG COMP in order to draw on the expertise of all the Commission’s DG during the investigation of cases by the DG Competition; believes that expertise of the Commission's industrial or sectoral strategy could be strengthened in support of the DG Competition's investigation teams to identify the feasibility and consequences of remedies with regard to the Commission's priorities;
Amendment 241 #
Motion for a resolution Paragraph 20 a (new) 20a. Acknowledges the contribution of the EU Merger Control Regulation on the proper functioning of the internal market and calls on the Commission to continue promoting and enforcing its core principles;
Amendment 242 #
Motion for a resolution Paragraph 20 a (new) 20a. Commends the Commission for having kept its position on mergers and resisted the pressure from some Member States to foster mergers in order to create so-called “EU Champions”;
Amendment 243 #
Motion for a resolution Paragraph 20 b (new) 20b. Emphasises that price is not an all-encompassing parameter for market definition in all cases in the digital economy; highlights that in zero-price markets, consumers access products and services in exchange for their data and are, in return, exposed to profiling and advertising where functionalities such as quality, privacy, data processing, and attention are more fitting parameters; reminds that the Small but Significant Non-transitory Increase in Price (SSNIP) is not the only method available to the Commission when defining the relevant product market; calls on the Commission to consider the Small but Significant Non- transitory Decrease in Quality (SSNDQ) method employed in Case AT.400995c as an alternative tool, where appropriate, for market definition in the review of the Notice; __________________ 5c Commission decision of 18 July 2018 in Case AT.40099, para. 263 - 267
Amendment 244 #
Motion for a resolution Paragraph 20 c (new) 20c. Emphasises that technological means and the large amounts of personal data relevant for online personalisation and price discrimination are extensive, developing rapidly, and difficult to detect; recalls that online marketplaces, platforms, and social media may use data analytics and profiling techniques to improve the efficiency of advertising up to the level of individual consumers, personalise the ranking of the offers, or vary prices to reflect the cost of serving individual customers; reiterates that personalised pricing practices including but not limited to ranking and nudging may present a challenge for consumers and prevent them from getting the best deal on the market; calls on the Commission to further investigate the impact of personalised pricing and integrate this practice in the product dimension of the evidence relied on to define relevant markets in the review of the Notice;
Amendment 245 #
Motion for a resolution Paragraph 20 d (new) 20d. Reaffirms that the possession of data which is not available to market entrants, and may result in a competitive advantage, can also lead to market dominance; notes with concern that the development of such dominance over market rivals can extend to adjacent markets where the possession of data may result in a competitive advantage in providing complimentary services; urges the Commission to coordinate the development of an analytical framework as regards access to data, and the sustainability of differential access to data, and provide guidance to competition authorities to objectively, and on a case- by-case basis, incorporate such assessments in measuring market power;
Amendment 246 #
Motion for a resolution Paragraph 21 21. Acknowledges the Commission guidance on certain aspects of Article 22 of the Merger Regulation6 ; expresses concern, however, that this initiative may not be sufficient to adapt the regulation to the needs of modern business models, such as on killer acquisitions; regrets that the Commission did not review the Merger Regulation which is not fit for the digital economy as the jurisdictional thresholds setting the starting point for an EU merger review are based on the turnover of the target and acquiring entities; deplores that unlike national authorities the Commission does not have the ability to block mergers and acquisitions based on public interest concerns; __________________ 6 OJ L 24, 29.1.2004, p. 1.
Amendment 247 #
Motion for a resolution Paragraph 21 21. Acknowledges the Commission guidance on certain aspects of Article 22 of the Merger Regulation6 ;
Amendment 248 #
Motion for a resolution Paragraph 21 21. Acknowledges the Commission guidance on certain aspects of Article 22 of the Merger Regulation6 ; expresses concern, however, that this initiative may not be sufficient to adapt the regulation to the needs of modern business models, such as on killer acquisitions that risk jeopardising innovation; __________________ 6 OJ L 24, 29.1.2004, p. 1.
Amendment 249 #
Motion for a resolution Paragraph 21 a (new) 21a. Calls on the Commission to review its merger and acquisition rules when it comes to assessing personal data; calls, in particular, on the Commission to fully consider and assess personal data assets as all other traditional physical assets when it decides on digital mergers and acquisitions; urges the European Commission to take a broader view when evaluating digital mergers and assess the impact of data consolidation; notes that the acquisition of targets with specific data resources can bring about a concentration in control over valuable and non-replicable data resources and result in better data access for the merging parties than for their competitors; stresses that data consolidation via mergers may strengthen a dominant position or allow the acquiring entity to leverage market power, and sometimes raise foreclosure concerns;
Amendment 25 #
Motion for a resolution Recital A A. whereas EU competition policy has an important role – especially at times of uncertainty and transformation – in ensuring effective competition to encourage innovation, set fair economic conditions
Amendment 250 #
Motion for a resolution Paragraph 21 a (new) Amendment 251 #
Motion for a resolution Paragraph 21 a (new) 21a. Calls for preserving the EU Merger Control core substantive principles at any stage of discussing the effectiveness of the current regime and its relevance for industrial policy;
Amendment 252 #
Motion for a resolution Paragraph 21 a (new) 21a. Notes that the turnover thresholds might not be suitable to detect all cases that should be reviewed by competition authorities in merger cases;
Amendment 253 #
Motion for a resolution Paragraph 21 b (new) 21b. Calls on the Commission to review its merger and acquisition guidelines when it comes to assessing personal data; calls on the Commission to fully consider personal data assets as all other traditional physical assets when it decides on digital mergers and acquisitions; Urges the European Commission to take a broader view when evaluating digital mergers and assess the damaging effects of data concentration;
Amendment 254 #
Motion for a resolution Paragraph 22 a (new) 22a. Acknowledges the contribution of the EU Merger Control Regulation to the proper functioning of the internal market and calls for maintaining its core principles;
Amendment 255 #
Motion for a resolution Subheading 5 a (new) Competition policy in the audiovisual sector
Amendment 256 #
Motion for a resolution Paragraph 22 a (new) 22a. Takes note of the increasing concentration of audiovisual content consumption in four major American video on-demand service providers, the top three of which have 100% market share in five Member States (Greece, Hungary, Ireland, Malta and Cyprus);
Amendment 257 #
Motion for a resolution Paragraph 22 b (new) 22b. Believes that the Audiovisual Media Services Directive (AVMSD) should serve to ensure a competitive environment in the sector and boost European producers and audiovisual media services that promote the European cultural and linguistic diversity, including regional languages;
Amendment 258 #
Motion for a resolution Paragraph 22 c (new) 22c. Regrets the 'audiovisual dumping' that has resulted from the transposition of the European Directive in some Member States, which have established almost negligible obligations to contribute financially to the production of European works for these providers;
Amendment 259 #
Motion for a resolution Paragraph 22 d (new) 22d. Welcomes the French and Italian transposition, which includes obligations to contribute a minimum of 20% to the financing of European works; calls for a minimum threshold of 10% contribution to the financing of European productions to be set for all Member States during the next revision of the Directive;
Amendment 26 #
Motion for a resolution Recital A A. whereas EU competition policy has an important role – especially at times of uncertainty and transformation – in ensuring effective competition to encourage innovation, set fair economic conditions
Amendment 260 #
Motion for a resolution Paragraph 23 a (new) 23a. Considers in particular antitrust proceedings as too lengthy, slowing down much needed market corrections and consequently negatively impacting effectiveness of competition law enforcement, especially in the case of rapidly growing digital markets; calls therefore for faster antitrust proceedings and asks for cooperation on this not only from the Commission but also from the companies under investigation; condemns in that context that some companies under investigation artificially prolong investigations by systematically requesting prolongations of deadlines and by replying to requests for information only with substantial delays or by submitting ineffective proposals for commitments they would take;
Amendment 261 #
Motion for a resolution Paragraph 23 a (new) 23a. Remains deeply concerned about the far-reaching concentration in the European agricultural and food supply chain; reiterates its call on the Commission to urgently conduct a thorough analysis of the extent and effect of buying alliances, thereby devoting special attention to guaranteeing fair competition and greater transparency in supermarket and hypermarket chains’ commercial practices, particularly where such practices affect brand value and product choice or limit innovation or price comparability;
Amendment 262 #
Motion for a resolution Paragraph 23 a (new) 23a. Calls on the Commission to clarify how and under which conditions sustainability initiatives can allow certain types of arrangements;
Amendment 263 #
Motion for a resolution Paragraph 23 b (new) 23b. Points out that while the level of fines that can be imposed by the Commission is amongst the highest in the world, nearly two-thirds of the fines imposed by the Commission in cartel cases since 2006 stayed below 0.99% of global annual turnover, thus well below the ceiling of 10% of a company’s annual worldwide turnover allowed; notes that while the ECA rightly points out that the amount of fines alone does not allow conclusions on whether they are effective deterrents, the ECA also underlines that the ceiling itself of possible fines can limit the deterrent effect in “serious cases”;
Amendment 264 #
Motion for a resolution Paragraph 23 b (new) 23b. Stresses the need to overcome a narrow definition of “consumer welfare” defined by short term prices, and to support a comprehensive analysis comprising a wider set of network externalities when evaluating data accumulation capabilities, which should include data protection standards;
Amendment 265 #
Motion for a resolution Paragraph 23 c (new) 23c. Reminds that current activities favouring competition show that non-EU actors are not following the same rules and are receiving strong state support, amongst other things, including financial support; emphasises that this requires EU competition law to be more flexible, particularly with regard to State Aid, as it does not take sufficient account of the nature of competition faced by European companies in third countries where the same rules are not respected;
Amendment 266 #
Motion for a resolution Paragraph 23 d (new) 23d. Proposes to consider the extension of the control model for capital concentration in order to deter not only the creation of market monopolies, but also the vertical and horizontal occupation of the market, which has a negative impact on the de-concentration of value chains;
Amendment 267 #
Motion for a resolution Paragraph 23 e (new) 23e. Proposes the establishment of a European regulatory sandbox to test innovative solutions as regards competition policy and competition law enforcement tools, as well as new sustainability considerations, especially within the context of the assessment of mergers and acquisitions;
Amendment 268 #
Motion for a resolution Paragraph 24 a (new) 24a. Stresses the importance of guarantees of independence for national supervisory and competition authorities, reiterating the ever-growing need to ensure more effective channels of communication, information and cooperation at European level; emphasises in this regard the need to provide these authorities with the necessary human, financial and technological resources for the proper performance of their tasks; highlights, lastly, the importance of maintaining the most stringent requirements of transparency and independence concerning the mandates of these authorities, from the mechanisms for appointment to the rules for access to information;
Amendment 269 #
Motion for a resolution Paragraph 24 a (new) 24a. Stresses that enforcement needs to stay independent and benefit from fit for purpose screening tools and the necessary qualified human resources, in order to efficiently handle the rising and more challenging types of cases; reiterates the paramount importance for the EU economy of safeguarding competition in view of online markets, COVID-related goods and services, respectively the Recovery and Resilience Facility procurement processes; recalls that this requires utmost ambition in fulfilling the standards of Directive (EU) 2019/1;
Amendment 27 #
Motion for a resolution Recital A A. whereas EU competition policy has an important role – especially at times of uncertainty and transformation – in ensuring effective competition to encourage innovation, set fair economic conditions, encourage innovation and provide greater choice and lower prices for consumers;
Amendment 270 #
Motion for a resolution Paragraph 24 a (new) 24a. Stresses that when modernizing the rules, any changes must not jeopardize the effectiveness and politically independent character of competition and State aid Framework;
Amendment 271 #
Motion for a resolution Paragraph 25 a (new) 25a. Emphasizes the importance of the implementation of Directive (EU) 2019/1 at the highest standard possible, as to make sure that NCAs have adequate human and financial means to deal with the ever-growing and more complex cases; believes workstreams such as the ones linked to digital markets, outbreak- essential supply chains or the recovery and resilience investments are essential for the well-functioning of the internal market and need to be safeguarded by the satisfactory level of resources;
Amendment 272 #
Motion for a resolution Paragraph 25 a (new) 25a. Calls on the Commission to thoroughly assess the implementation of the Copyright Directive and address outstanding issues on bargaining powers of digital platforms about the implementation of neighbouring rights;
Amendment 273 #
Motion for a resolution Paragraph 25 b (new) 25b. Calls on the Commission to ensure that competition law will not contravene to collective negotiations of independent workers but also in critical sectors such as the media sector and food-processing sector; calls on the Commission to look into the bargaining power and anticompetitive behaviour of European retail alliances regarding their suppliers and digital platforms towards publishers;
Amendment 274 #
Motion for a resolution Paragraph 26 a (new) 26a. Considers that Parliament should play an active role in the political debate on competition policy; notes that Parliament should be more involved in the activity of working parties and expert groups, such as the International Competition Network (ICN) and the Organisation for Economic Cooperation and Development (OECD) as an observer to get a better knowledge of the matter and keep it updated on the developments in order to be more prepared for its role as co-legislator; stresses that the European Parliament should participate in EU Competition Weeks and other meetings where Member States' representatives are invited; Notes that the Competition Working Group is a useful vehicle to foster exchanges between the European Parliament and DG Competition;
Amendment 28 #
Motion for a resolution Recital A A. whereas EU competition policy has an important role – especially at times of uncertainty and transformation – in ensuring effective competition to
Amendment 29 #
Motion for a resolution Recital A a (new) Aa. whereas one of the purposes of Union rules that seek to ensure that competition is not distorted in the internal market, is to increase the well-being2b of consumers, and that competition law and competition policy therefore have an undeniable impact on the specific economic interests of final customers who purchase goods or services as acknowledged by the General Court of the European Union Judgment of June, 7 2006 in Joined Cases T-213/01 and T- 214/01; __________________ 2bJoined Cases T-213/01 and T-214/01 Österreichische Postsparkasse and Bank für Arbeit und Wirtschaft v Commission [2006] ECR II-1601, para 115.
Amendment 3 #
- having regard the Commission Guidelines on State aid to promote risk finance investments published on 6th December 20213,
Amendment 30 #
Motion for a resolution Recital A a (new) Aa. whereas the Commission responded to the outbreak of the COVID- 19 crisis promptly by adopting special competition rules which should remain temporary;
Amendment 31 #
Motion for a resolution Recital A b (new) Ab. whereas one of the aims of the Union's competition rules is to protect competition in the market as a means of enhancing consumer welfare2c and of ensuring an efficient allocation of resources in accordance with the European Commission’s Guidelines on the application of Article 81(3) of the Treaty; __________________ 2c OJ C, 27.4.2004, p. 97, para. 33.
Amendment 32 #
Motion for a resolution Recital A b (new) Ab. whereas rising commodity prices have led to the build-up of inflationary pressures; whereas the extent of product market competition is an important driver of inflation;
Amendment 33 #
Motion for a resolution Recital A c (new) Ac. whereas EU competition policy must safeguard a fair labour market, including the digital labour market, with concrete actions to address existing and emerging challenges, such as skills gaps, inequalities in the workforce, and disparities between the functions of traditional and digital labour markets;
Amendment 34 #
Motion for a resolution Recital A d (new) Ad. whereas EU competition policy must be adapted to address new vulnerabilities, as well as socio-economic and territorial inequalities and disparities identified across Member States, in order to preserve cohesion in the Single Market;
Amendment 35 #
Motion for a resolution Recital A e (new) Ae. whereas EU competition policy must stimulate businesses to invest and deploy more advanced digital infrastructure and tools (e.g. cloud, microprocessors, artificial intelligence) and less polluting and more efficient manufacturing technologies;
Amendment 36 #
Motion for a resolution Recital B B. whereas the Commission needs an appropriate and effective set of instruments to enforce competition rules and properly ensure their implementation; whereas the European Commission needs to act in an impartial and objective way in order to preserve the credibility of the EU's competition policy;
Amendment 37 #
Motion for a resolution Recital B B. whereas the Commission needs an appropriate and effective set of instruments
Amendment 38 #
Motion for a resolution Recital B B. whereas the Commission needs an appropriate and effective set of instruments to strictly and impartially enforce competition rules
Amendment 39 #
Motion for a resolution Recital B B. whereas the
Amendment 4 #
Motion for a resolution Citation 2 Amendment 40 #
Motion for a resolution Recital B a (new) Ba. whereas an adequate regulatory framework for competition is essential to make the entire European market a more attractive area for international companies and investors wishing to operate in our region, as well as to foster a stronger European manufacturing base and create jobs in the EU;
Amendment 41 #
Motion for a resolution Recital B a (new) Ba. whereas political independence of national competition authorities is of utmost importance to ensure the impartiality and credibility of competition policy;
Amendment 42 #
Motion for a resolution Recital B a (new) Ba. whereas a balanced reconciliation of the Union’s competition rules with its industrial and international trade policies is essential for re-shoring value chain activities and bolstering global competitiveness;
Amendment 43 #
Motion for a resolution Recital B a (new) Ba. whereas digital markets are becoming more concentrated and demonstrate lower levels of investment in innovation and overall disruption as a consequence of deteriorating market dynamics and increased market power;
Amendment 44 #
Motion for a resolution Recital B a (new) Ba. whereas direct state intervention in the form of support to businesses and workers across the EU has been crucial to avoid the worst scenarios of an economic crisis during the last two years of pandemic;
Amendment 45 #
Motion for a resolution Recital B b (new) Bb. whereas ensuring a level playing field for businesses in the single market is also crucial for the development of new technologies and the creation of new jobs;
Amendment 46 #
Motion for a resolution Recital B b (new) Bb. whereas EU competition rules and the enforcement thereof as regards digital markets have to be reassessed in order to appropriately address the borderless characteristic that defines digital markets;
Amendment 47 #
Motion for a resolution Recital B b (new) Bb. whereas energy commodity prices have reached unprecedented high levels in Europe with gas prices during the autumn of 2021 becoming 400% more expensive than spring of the same year;
Amendment 48 #
Motion for a resolution Recital B c (new) Bc. whereas EU competition policy should be fit for the sustainable transition and should be aligned with the climate, energy, circularity, zero-pollution, and biodiversity goals and ambitions of the Union;
Amendment 49 #
Motion for a resolution Recital C C. whereas international exchange and cooperation is essential to achieve a global and competitive level playing field, and
Amendment 5 #
Motion for a resolution Citation 2 a (new) Amendment 50 #
Motion for a resolution Recital C C. whereas international exchange and cooperation is essential to achieve a global and competitive level playing field and tackle the challenges of the twin digital and green transition and the resilience of the single market in a coordinated manner;
Amendment 51 #
Motion for a resolution Recital C a (new) Ca. whereas international cooperation and new instruments such as the Foreign Subsidies Regulation are essential to ensure third countries are disincentivised from subsidising undertakings that are active in the Union, in line with the rules of the single market, which prohibit such practices for Member States and European businesses;
Amendment 52 #
Motion for a resolution Recital C a (new) Ca. whereas full coherence between the Union’s policy goals in the framework of the Green Deal, the Paris Agreement and the UN Sustainable Development Goals on the one hand and competition rules on the other is necessary; whereas the application of EU competition law should address all market distortions, including those created by negative social and environmental externalities;
Amendment 53 #
Motion for a resolution Recital C a (new) Ca. whereas in 2020 the four biggest American Subscription Video on Demand (SVOD) platforms (Netflix, Amazon, Apple TV and Disney) had a combined market share of 84% in the EU28;
Amendment 54 #
Motion for a resolution Recital C b (new) Cb. whereas competitive advantages may be established and unfair competitive practices may be employed, as a result of typically legitimate and highly sophisticated tax avoidance schemes, involving several jurisdictions;
Amendment 55 #
Motion for a resolution Recital C c (new) Cc. whereas such tax schemes may be effective through EU based subsidiaries of non – EU legal entities, thus creating a competitive disadvantage of European entities within the single market;
Amendment 56 #
Motion for a resolution Recital C d (new) Cd. whereas significant tax differences between Member States regarding digital service providers and digital market participants may result in creating unfair competitive advantages;
Amendment 57 #
Motion for a resolution Recital C e (new) Ce. whereas the EU should observe and closely monitor third countries’ and non-EU entities’ policies and practices, which directly or indirectly distort competition within the EU, and proceed with appropriate measures to prevent such policies and practices for the benefit of EU citizens and businesses;
Amendment 58 #
Motion for a resolution Paragraph 1 1. Emphasises that the challenges arising from the COVID-19 pandemic need to be adequately taken into account and that the
Amendment 59 #
Motion for a resolution Paragraph 1 1. Emphasises that the challenges arising from the COVID-19 pandemic need to be adequately taken into account and addressed, and that the guiding principle should be
Amendment 6 #
Motion for a resolution Citation 4 a (new) - having regard to the European Committee of the Regions Opinion (ECON-VII/015) to the European Commission Report of 7 July 2021on Competition Policy 2020 (COM(2021)0373),
Amendment 60 #
Motion for a resolution Paragraph 1 1. Emphasises that the challenges arising from the COVID-19 pandemic need to be adequately taken into account and that the guiding principle should be the phasing out of specific support measures in a reasonable, p
Amendment 61 #
Motion for a resolution Paragraph 1 1. Emphasises that the challenges arising from the COVID-19 pandemic need to be adequately taken into account and that the guiding principle should be the reasonable phasing out of specific support measures; stresses that one of the lessons learned from the pandemic is that stimulus policies and tax cuts to boost the economy must remain a major fixture in the post-COVID era;
Amendment 62 #
Motion for a resolution Paragraph 1 1. Emphasises that the challenges arising from the COVID-19 pandemic need to be adequately taken into account and that the guiding principle should be the reasonable phasing out of specific support measures; points out that as the economic recovery progresses, support measures should gradually become more specific before eventually being phased out altogether;
Amendment 63 #
Motion for a resolution Paragraph 1 1. Emphasises that the challenges arising from the COVID-19 pandemic need to be adequately taken into account and that the guiding principle should be the
Amendment 64 #
Motion for a resolution Paragraph 1 1. Emphasises that the significant challenges arising from the COVID-19 pandemic
Amendment 65 #
Motion for a resolution Paragraph 1 1. Emphasises that the challenges arising from the COVID-19 pandemic need to be adequately taken into account and
Amendment 66 #
Motion for a resolution Paragraph 1 a (new) 1a. Notes that while the extraordinary support measures granted during the Covid-19 crisis were necessary in light of an unprecedented health and economic crisis, the extraordinary levels of public support must not become the new normal;
Amendment 67 #
Motion for a resolution Paragraph 1 a (new) 1a. Notes that the Temporary Framework has proved useful to allow support for our economies during the unprecedented coronavirus pandemic, also now with increasing infection rates that require restrictive measures, and believe that the phasing from specific support measures should be correlated to the sanitary realities, respectively fit to avoid a cliff-edge effect;
Amendment 68 #
Motion for a resolution Paragraph 1 a (new) 1a. Stresses that companies should respect international standards on social, economic and environmental well-being and climate change along its value chain, in line with OECD guidelines; calls on the Commission, in this light, to present a legal framework for a mandatory human rights and environmental due diligence instrument without delay;
Amendment 69 #
Motion for a resolution Paragraph 1 a (new) 1a. Highlights that a competition policy aimed at ensuring a level playing field in all sectors, driving innovation and giving consumers more choices, is crucial for guaranteeing the proper functioning of the single market;
Amendment 7 #
Motion for a resolution Citation 6 a (new) Amendment 70 #
Motion for a resolution Paragraph 1 a (new) 1a. Notes that industrial policy is not merely about ensuring “fair” or low prices for consumers but also about providing quality, innovation and sustainability;
Amendment 71 #
Motion for a resolution Paragraph 1 b (new) 1b. Considers that increased product market competition reduces profit margins and price levels, and thus contributes to moderating inflation;
Amendment 72 #
Motion for a resolution Paragraph 1 b (new) 1b. Stresses that EU Member States face significant challenges such as stagnant labour productivity, growing inequality and the climate emergency; emphasises that the EU cannot remain dependent on global supply chains that have proven to be fragile during the pandemic; notes that the EU needs to develop an investment-led and innovation-led strategy, based on strategic spending, to tackle these issues; notes that key drivers of productivity are education and research; believes that EU competition rules should facilitate and enhance the ability for Member States to take the risks of creating new markets focusing on such long-term societal issues;
Amendment 73 #
Motion for a resolution Paragraph 1 b (new) 1b. Welcomes the Commission’s initiative to issue guidelines on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons; urges the Commission to clarify that collective agreements of solo self- employed persons fall outside the scope of competition law, while respecting existing collective bargaining systems and fundamental labour rights; calls for the broadest possible approach, in order to ensure access to collective bargaining for all solo self-employed workers, offline as well as online;
Amendment 74 #
Motion for a resolution Paragraph 2 2. Calls for the development of an effective system of well-adjusted and complementing regulatory and enforcement instruments fit for the digital economy, in light of the inherent differences of digital markets to traditional markets for which several competition rules and enforcement tools were initially drafted and provided so as to facilitate the digital and green transition;
Amendment 75 #
Motion for a resolution Paragraph 2 2. Calls for the development of an effective system of well-adjusted and complementing regulatory and enforcement instruments to facilitate the digital and green transition; 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 76 #
Motion for a resolution Paragraph 2 2. Calls for the development of an effective system of well-adjusted and complementing regulatory and enforcement instruments to facilitate the digital and green transition in a socially acceptable manner taking into consideration the diversified needs of the different regions in Europe;
Amendment 77 #
Motion for a resolution Paragraph 2 2. Calls for the development of an effective system of well-adjusted and complementing regulatory and enforcement instruments to facilitate the digital and green transition without undermining sustainable economic growth and job creation in the EU;
Amendment 78 #
Motion for a resolution Paragraph 2 2. Calls for the development of an effective system of well-adjusted and complementing regulatory and enforcement instruments to promote both industrial development and convergence, as well as facilitate the digital and green transition;
Amendment 79 #
Motion for a resolution Paragraph 2 2. Calls for the development of an effective system of well-adjusted and complementing regulatory and enforcement instruments to
Amendment 8 #
Motion for a resolution Citation 7 a (new) - having regard to Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market5,
Amendment 80 #
Motion for a resolution Paragraph 2 a (new) 2a. Calls for a synchronisation of EU competition law with the broader constitutional values and programmatic aims regarding sustainability, at the international, EU and national levels;
Amendment 81 #
Motion for a resolution Paragraph 2 a (new) 2a. Emphasises that new regulatory and implementing instruments must protect new companies entering the market and to ensure that no unfair competition is affecting them;
Amendment 82 #
Motion for a resolution Paragraph 2 a (new) 2a. Highlights that small and medium- sized enterprises (SMEs) are the backbone of the European economy, representing 99.8% of all businesses in the EU; notes that the strong contribution to job creation and value added make SMEs crucial to ensuring economic growth and social integration in the EU; regrets that despite their growth opportunities, SMEs may face difficulties in obtaining access to finance; welcomes in this regard of the revised Guidelines on State aid to promote risk finance investments, which clarify and simplify the rules under which Member States can support SMEs access to finance;
Amendment 83 #
Motion for a resolution Paragraph 3 3. Reaffirms the need for an in-depth review and effective implementation of existing competition instruments, and the adoption of new ones based on digital technologies fit for investigations in digital markets;
Amendment 84 #
Motion for a resolution Paragraph 3 3. Reaffirms the need for an in-depth review
Amendment 85 #
Motion for a resolution Paragraph 3 a (new) 3a. Advocates for this in-depth review, which must necessarily focus on safeguarding the competitiveness of European businesses and promoting economic growth, to seek to establish flexibility mechanisms in European competition law for exceptional situations such as pandemics; believes, however, that European competition law currently comprises stringent requirements for the protection of free competition in the internal market and that under no circumstances should exceptional arrangements become windows of opportunity for channelling public funding – whether national or European – into capitalising companies that are economically unviable or of no real strategic interest to the public;
Amendment 86 #
Motion for a resolution Paragraph 3 a (new) 3a. Calls on the European Commission to suggest new rules and measures that are in line with the global corporate tax reform agreed by the OECD/G20 Inclusive Framework in October 2021;
Amendment 87 #
Motion for a resolution Paragraph 3 a (new) 3a. Welcomes the European Commission's vigilance in enforcing State-aid rules in the area of taxation; points out that Commission rulings are often challenged in court and therefore need to be thoroughly prepared;
Amendment 88 #
Motion for a resolution Paragraph 3 a (new) 3a. 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 89 #
Motion for a resolution Paragraph 3 a (new) 3a. Highlights the need to adequately meet the new circumstances, increasing the effectiveness of the investigations through the use of new techniques stemming from computational means (big data, artificial intelligence, machine learning/deep learning) in competition law enforcement, considering in particular tailor-made solutions for competition law monitoring and enforcement in digital markets;
Amendment 9 #
Motion for a resolution Citation 8 a (new) Amendment 90 #
Motion for a resolution Paragraph 3 b (new) 3b. Stresses that EU competition rules shall contribute to the Union’s objective as defined in Article 3 TEU; Considers that competition rules have a key role in ensuring full employment, social progress and the protection of the environment and biodiversity; stresses that the ‘fair price’ of products is not the lowest price possible for the consumer, but a price that allows for the fair remuneration of all parties along the supply chain, while not resulting in negative externalities;
Amendment 91 #
Motion for a resolution Paragraph 3 b (new) 3b. Notes the continuous need to support Member States in addressing the negative consequences caused by the COVID-19 pandemic;
Amendment 92 #
Motion for a resolution Paragraph 3 b (new) 3b. Deplores that several recent Commission decisions in high-profile competition cases in the area of taxation have been annulled by the Courts; calls on the European Commission to prepare their competition policy cases more thoroughly so that they can hold up in a court of law;
Amendment 93 #
Motion for a resolution Paragraph 3 b (new) 3b. Welcomes the transposition of Directive (EU) 2019/1 into national law in Member States, empowering national competition authorities (NCAs) to be more effective enforcers of competition policy; emphasises that NCAs’ strengthened investigation and decision-making capacities as well as sufficient levels of human and financial resources allow for a better enforcement of competition rules independently and impartially; recommends increasing the analytical capacity of NCAs to enable them to better address the complexities arising in the enforcement of competition law in digital markets; further recommends NCAs to collaborate on sharing of best practices and work together with other competent authorities taking a multi-disciplinary approach in breaking down enforcement silos as anti-competitive conduct may also break areas of data protection or consumer law;
Amendment 94 #
Motion for a resolution Paragraph 3 c (new) 3c. Calls on the Commission to conduct an in-depth analysis of the extent and effect of buying alliances, thereby devoting special attention to guaranteeing fair competition and greater transparency in supermarket and hypermarket chains’ commercial practices, particularly where such practices affect brand value and product choice or limit innovation or price comparability;
Amendment 95 #
Motion for a resolution Paragraph 3 d (new) 3d. Reiterates that the Commission’s Directorate General for Competition (DG COMP) should be provided with sufficient and adequate staff and resources; stresses the Commission should ensure that its staff has sufficient knowledge and expertise, in particular as regards the functioning of the digital economy;
Amendment 96 #
Motion for a resolution Paragraph 4 4.
Amendment 97 #
Motion for a resolution Paragraph 4 4. Takes note of the renewal of the temporary framework for State aid measures, which was established in response to the COVID-19 crisis and is
Amendment 98 #
Motion for a resolution Paragraph 4 4. Takes note of the renewal of the temporary framework for State aid measures, which was established in response to the COVID-19 crisis and is designed to accelerate the recovery; calls on the Commission to ensure that the phasing out of the Temporary Framework takes place gradually and pays due regard to the health and sanitary situation in Member States; furthermore, believes that State aid measures which are part of the national resilience and recovery plans should be dealt with priority and flexibility;
Amendment 99 #
Motion for a resolution Paragraph 4 4. Takes note of the renewal of the temporary framework for State aid measures, which was established in response to the COVID-19 crisis and is designed to accelerate the recovery; considers that this recovery should continue to be fostered by means of policies encouraging tax competition between countries; draws attention to the need to put an end to price control policies since they undermine the internal market and competition between companies;
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