2022/2060(INI) | [ParlTrack]

Draft opinion
Paragraph -1 (new)

-1. Believes that the EU competition policy has an important role – especially at times of uncertainty and digital transformation – in ensuring effective competition to encourage innovation, setting fair economic conditions, as well as driving innovation that develops new technologies which can help us 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 the consumer;

Amendment 10 #

Draft opinion
Paragraph 1 a (new)

1 a. Recalls that consumer welfare is and remains an essential aspect of competition policy and prevention of consumer harm must remain an essential aspect of competition policy; stresses in this perspective that consumers’ interests go beyond low prices only and include other aspects such as quality, sustainability, fundamental rights protection, power imbalances towards citizens, environmental protection, innovation, ethics and fair-trade aspects; adds that a focus on lowest-possible consumer prices only ignores the negative externalities associated with certain types of production;

Amendment 11 #

Draft opinion
Paragraph 1 a (new)

1 a. Believes that competition is likely to assist rather than impede recovery from the crisis and improve resilience of the Single market, stresses that a recent study2a rejected the argument that relaxation of EU competition policy would promote economic recovery, meaning that policies strictly designed to promote national champions and greater self- sufficiency are not properly justified; _________________ 2a Massey, Patrick & McDowell, Moore. ‘EU Competition Law: An Unaffordable Luxury in Times of Crisis?’. World Competition 44, no. 4 (2021): 405–432

Amendment 12 #

Draft opinion
Paragraph 1 a (new)

1 a. Considers it essential to ensure a consistent application of EU competition rules throughout the single market; stresses that EU legislation should be applied equally in all Member States and must observe the suitability and timeliness of national funding; and calls on the Commission to avoid creating monopolies or closed value chains through standardisation;

Amendment 13 #

Draft opinion
Paragraph 1 b (new)

1 b. Stresses that EU competition rules should contribute to the Union’s objectives, as defined in Article 3 TEU; considers that competition rules should not hamper, but contribute to sustainability goals;

Amendment 14 #

Draft opinion
Paragraph 2

2. Notes that the removal of State aid limits due to the COVID-19 crisis and now Russia’s war of aggression against Ukraine have led to Member States providing different amounts of support to the same sectors; underlines that this has led to a playing field that is not level for the same industries within the single market; calls on the Commission to seek ways to counterbalance this problem once the disruptions that caused it have come to an end; calls on the Commission to put in place a new state aid framework to support Member States in the face of international economic tensions, including soaring inflation and the general rise in energy prices;

Amendment 15 #

Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Draft opinion
Paragraph 2

2. Notes that the removal of State aid limits due to the COVID-19 crisis and now Russia’s war of aggression against Ukraine have led to Member States providing different amounts of support to the same sectors; underlines that this has led to a playing field that is not level for the same industries within the single market; calls on the Commission to seek ways to counterbalance this problem; notes in particular high divergences in the level of energy subsidies provided by Member States in response to rising energy prices; stresses the importance of a coordinated response that avoids distortion of the EU internal energy market;

Amendment 16 #

Draft opinion
Paragraph 2

2. Notes that the removal of State aid limits due to the COVID-19 crisis and now Russia’s war of aggression against Ukraine have led to Member States providing different amounts of support to the same sectors; underlines that this has led to a playing field that is not level for the same industries within the single market; calls on the Commission to seek ways to counterbalance this problem; calls on the Commission to improve the transparency of the State aid assessment process and stresses the need for an ex-post monitoring of the effective implementation of adopted State aid;

Amendment 17 #

Draft opinion
Paragraph 2

Amendment 18 #

Draft opinion
Paragraph 2 a (new)

2 a. Underlines that State aid frameworks to respond to the COVID-19 crisis and Russia’s war of aggression against Ukraine should remain temporary; adds that the phasing-out of those specific measures in times of crisis should take into account their social impact, including on employment; believes that the challenges arising from these crises should be duly taken into account in a broad reflection on an intelligent industrial policy that can help reallocate resources to certain key sectors in a way that does not distort competition between firms and can also help to lay the ground for a resilient and sustainable economy in the long term;

Amendment 19 #

Draft opinion
Paragraph 2 a (new)

2 a. Regrets that according to the analysis from times before the crisis3a the State aid in the EU was ineffective in promoting economic growth and investments; urges the Commission to assess the contribution of State aid in the EU to economic and productivity growth based on measurable indicators and systematically review its results and impact; _________________ 3a “State Aid Policy in the European Union.” Journal of common market studies. 53.5 (2015): 1143–1162. Web.

Amendment 2 #

Draft opinion
Paragraph -1 a (new)

-1 a. Underlines that 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; stresses that the application of EU competition law should address all market distortions, including those created by negative social and environmental externalities;

Amendment 20 #

Draft opinion
Paragraph 2 a (new)

2 a. Insists that the concept of “fair price” should not only be regarded as the lowest possible price for the consumer, but must be reasonable and allow fair remuneration for all parties;

Amendment 21 #

Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Draft opinion
Paragraph 2 b (new)

2 b. Stresses that the EU needs to deliver economic and productivity growth also for the sake of the resilience of the internal market; notes that a European Investment Bank paper4a concluded that productive firms have been in a better position to resist the economic shock from the Covid-19 crisis; recalls that exposing companies to strong competition will make them more resilient and innovative; calls on the Commission to deliver analysis and proposals enhancing economic and productivity growth rather than crisis-specific interventions; _________________ 4a European Investment Bank, Teruel, M., Amaral-Garcia, S., Bauer, P., et al., COVID-19 and the resilience of European firms : the influence of pre-crisis productivity, digitalisation and growth performance, European Investment Bank, 2022, https://data.europa.eu/doi/10.2867/388751

Amendment 22 #

Draft opinion
Paragraph 2 b (new)

2 b. Reiterates its call on the Commission to address the anti- competitive effect of territorial supply constraints with a view to ensuring a fully operational single market respectful of consumer rights; reiterates that these types of constraints can be presented in different ways, such as: refusal of supply, threat of interruption of supply to a particular distributor, limitation of quantities available for sale, unexplained differentiation of product ranges and prices between Member States or limitation of language options on product packaging;

Amendment 23 #

Draft opinion
Paragraph 2 b (new)

2 b. Notes that mobilising investments at the scale needed to meet the 2030 emissions reduction 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; deplores that, as a general rule, no green conditioning is attached to the approval of State aid;

Amendment 24 #

Draft opinion
Paragraph 2 c (new)

2 c. Recalls that we should learn from previous crises if we want to achieve real measurable results and impact, recovery and level playing field; reminds the lesson from the financial crisis that actions based on immediate needs are a poor substitute for policy intervention based on sound economic analysis; regrets that several proposals were not accompanied by impact assessments due to the urgency based on the Commission’s explanation; calls on the Commission to refrain from using urgency as a vindication for not preparing impact assessment for legislative proposals; calls on the Commission to prepare an in-depth analysis of impacts on competition, productivity and efficient investments for each proposal;

Amendment 25 #

Draft opinion
Paragraph 3

3. ~~Asks~~Notes that the Commission is making significant efforts to ensure that the Digital Markets Act (DMA)1 and the Digital Services Act (DSA)2 are fully enforced ~~and that~~by providing sufficient Commission staff and resources arfor the assign~~ed for this task~~ment of this task; invites the Commission to increase the resources for an effective and strong implementation and enforcement of these Regulations; asks the Member States, furthermore, to second additional staff and national experts to the Commission for this task; _________________ 1 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1). 2 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).

Amendment 26 #

Draft opinion
Paragraph 3

3. AWelcomes the recent adoption of the Digital Markets Acts and the Digital Services Act as essential steps towards a harmonised, fair and competitive digital single market; asks the Commission to ensure that the Digital Markets Act (DMA)1 and the Digital Services Act (DSA)2 are fully enforced and that sufficient Commission staff and resources are assigned for this task; asks the Member States, furthermore, to second additional staff and national experts to the Commission for this task; _________________ 1 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1). 2 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).

Amendment 27 #

Draft opinion
Paragraph 3

3. Asks the Commission to ensure that the Digital Markets Act (DMA)1 and the Digital Services Act (DSA)2 are fully enforced ~~and that sufficient Commission staff and resources are assigned for this task; asks the Member States, furthermore, to second addit~~based on data, transparent indicators, clear rules and in-depth analysis of their impact on consumer welfare; further asks the Commission to ensure that adequate Commissional staff and ~~national experts to the Commission~~resources are assigned for this task; _________________ 1 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1). 2 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).

Amendment 28 #

Draft opinion
Paragraph 3

3. Asks the Commission to ensure that the Digital Markets Act (DMA)1 and the Digital Services Act (DSA)2 are fully enforced and that sufficient Commission additional staff and resources are assigned for this task; asks the Member States, furthermore, to second additional staff and national experts to the Commission for this task; _________________ 1 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1). 2 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).

Amendment 29 #

Draft opinion
Paragraph 3 a (new)

3 a. Asks the Commission to regularly update the Parliament on the progress made regarding the implementation of the DMA and DSA especially through the DMA Working Group; welcomes the Commission's initiative to set up workshops on various topics related to the DMA's implementation;

Amendment 3 #

Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Draft opinion
Paragraph 1

1. Recalls that competition ~~is key to a well-functioning single market and economy and creates incentives for variety in products, lower prices~~policy is a fundamental part of the single market, as set out in the Treaties, and that a common market that ensures and boosts sustainable growth and jobs is needed, and that it creates incentives to diversify products and improve their quality, higher standards, innovation ~~and~~, research, better services for the consumer and better conditions for workers; calls on the Commission to introduce changes that create a more favourable environment for start-ups and entrepreneurs;

Amendment 30 #

Draft opinion
Paragraph 3 a (new)

3 a. Calls on the Commission to assess the degree of implementation of the Unfair Commercial Practices Directive1a in the Member States and to report on the results of its application; _________________ 1a Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market (Unfair Commercial Practices Directive) ((OJ L 149 11.6.2005, p. 22)

Amendment 31 #

Pablo ARIAS ECHEVERRÍA, Antonius MANDERS, Andreas SCHWAB

Draft opinion
Paragraph 5

5. Believes that consolidation within the telecommunications and internet service providers sector could have a significant negative effect on competition within the Union, as it could develop into a monopolistic market, and that the Commission should be vigilant about this; notes, moreover, that mergers between internet service providers, media content broadcasters and streaming providers could create incentives to abuse a dominant position, which would have a negative effect on consumers; underlines that competition policy must support net neutrality and prevent all attempts to undermine it;deleted

Amendment 32 #

Draft opinion
Paragraph 5

Amendment 33 #

Draft opinion
Paragraph 5

5. Believes that ~~consolidation wi~~there is a case now for the creation of a fully integrated single market for telecommunication services; notes that the growth in the telecommunications ~~and internet service providers sector could have a significant negative effect on competition within the Union, as it could develop into a monopolis~~market in Europe has been very low over the past ten years and fragmentation is the key reason; notes that the telecommunications market remains one of the most critical market, and that the Commission should be vigilant about this; notes, moreover, that mergers between internet service providers, media content broadcasters and streaming providers could create incentives to abuse a dominant position, which would has in the EU due to resilience needs for all type of communications; in this regard, regrets that telecom investments in the market are not enough for this purpose; points out that the outdated regulatory system allows free riding of the networks by Telcos-OTT (Over-the-top) platforms; therefore calls on the Commission to present a new proposal in order to update the European Electronic Communications Code1a and to review its competition policy guidelines in order to consider the idea of consolidation at the EU level a ~~negative effect on consumers; underlin~~s an option for the European telecom companies t~~hat~~o compet~~ition policy must support net neutrality and prevent all attempts to undermine it;~~ e effectively and continue to invest in infrastructure, particularly Gigabit networks, for the benefit of the EU single market. _________________ 1a Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (OJ L 321, 17.12.2018, p. 36).

Amendment 34 #

Draft opinion
Paragraph 5

Amendment 35 #

Draft opinion
Paragraph 5

5. Believes that consolidation within the telecommunications and internet service providers sector could have a significant negative effect on competition within the Union, as it could develop into a monopolistic market, and that the Commission should be vigilant about this; notes, moreover, that mergers between internet service providers, media content broadcasters and streaming providers could create incentives to abuse a dominant position, which would have a negative effect on consumers; underlines that competition policy must support, without political or partnership preferences, net neutrality and prevent all attempts to undermine it;

Amendment 36 #

Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Draft opinion
Paragraph 5

5. Believes that consolidation within the telecommunications and internet service providers sector could have a significant negative effect on competition within the Union and thus hamper consumer welfare, as it could develop into a monopolistic market, and that the Commission should be vigilant about this; notes, moreover, that mergers between internet service providers, media content broadcasters and streaming providers could create incentives to abuse a dominant position, which would have a negative effect on consumers; underlines that competition policy must support net neutrality and prevent all attempts to undermine it;

Amendment 37 #

Draft opinion
Paragraph 5 a (new)

5 a. Calls on the Commission to assess, in relation to the recent Regulation (EU) 2022/612 on roaming on public mobile communications networks in the EU1a, whether the doubtful concept of ‘fair use policy’ applied by telecom companies respects the consumers’ right not to pay additional surcharges for using their mobile phone when travelling within the EU and to receive appropriate prior information to be able to take decisions according to their needs; _________________ 1a OJ L 115, 13.4.2022, p. 1.

Amendment 38 #

Pablo ARIAS ECHEVERRÍA, Antonius MANDERS, Andreas SCHWAB

Draft opinion
Paragraph 5 a (new)

5 a. Believes that consolidation within the telecommunications and internet service providers sector could have a significant positive effect on competition within the Union; calls on the Commission to revisit the current market definition to frame new market realities, where traditional markets are increasingly becoming global and cross sector; underlines that competition policy must support net neutrality and prevent all attempts to undermine it;

Amendment 39 #

Draft opinion
Paragraph 5 a (new)

5 a. Calls on the Commission to prepare an in-depth study of the industry considering all the potential negative but also positive consequences of market consolidation, such as cost-savings or faster uptake of 5G; stresses that each Commission merger ruling should be evidence-based proving the negative consequences on consumer welfare;

Amendment 4 #

Draft opinion
Paragraph 1

1. Recalls that competition is key to a well-functioning single market and economy and creates incentives for variety in products, lower prices, higher standards, innovation and better services for the consumer; furthermore, stresses that a strong and robust competition policy is crucial for the development of a fair and level playing field for all market players,particularly SMEs, and can help to foster growth, innovation and competitiveness in the single market;

Amendment 40 #

Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Draft opinion
Paragraph 5 a (new)

5 a. Reiterates its call to the Commission to continue actively monitoring and removing unjustified geo- blocking and other restrictions on cross- border online sales, having at core a pro- consumer approach to allow them access to a greater choice of products and services across the EU;

Amendment 41 #

Draft opinion
Paragraph 5 a (new)

5 a. Welcomes the Commission’s proposal for a Data Act (2022/0047(COD)) which aims at addressing market imbalances arising from the concentration of data and creating fair and competitive market conditions for the internal market in cloud, edge and related services;

Amendment 42 #

Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Draft opinion
Paragraph 6

6. Notes that competition is global by nature; encourages the Commission, therefore, to use all tools provided for in the Union’s trade agreements and the Union’s Customs Code4 to counter unfair commercial trading practices and competition from non-EU companies which could a~~ffect the single market~~dopt global strategies that are territorially beyond the EU's regulatory capabilities but nevertheless cause economic and social harm to European players on the world stage, in particular by preventing the emergence of industrial and technological champions; calls on the Commission, in the event that recourse to the tools provided for by the World Trade Organization would not make it possible to resolve the problems created by third-country rules and regulations, to take all the necessary measures to respond to them, such as the introduction of a Buy European Act and the adoption of a general regulation exempting the most critical areas from European competition law; asks the Commission to look into international agreements and State aid rules in order to seek suitable solutions; _________________ 4 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).

Amendment 43 #

Draft opinion
Paragraph 6

Amendment 44 #

Draft opinion
Paragraph 6

6. Notes that competition ~~is global by nature;~~can be, by its nature, at the level of local/regional, EU-EEA and worldwide; for the latter, encourages the Commission, therefore, to use all tools provided for in the Union’s trade agreements and the Union’s Customs Code4 to counter unfair commercial trading practices and competition from non-EU companies which could affect the single market in order to maintain a level playing field in the single market and attract more investments; asks the Commission to look into international agreements and State aid rules in order to seek suitable solutions; _________________ 4 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).

Amendment 45 #

Draft opinion
Paragraph 6

Amendment 46 #

Draft opinion
Paragraph 6

6. Notes that competition is global by nature; encourages the Commission, therefore, to use all tools provided for in the Union’s trade agreements and the Union’s Customs Code4 to counter unfair commercial trading practices and competition, including by addressing environmental and social dumping, from non-EU companies which could affect the single market; asks the Commission to look into international agreements and State aid rules in order to seek suitable solutions; _________________ 4 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).

Amendment 47 #

Draft opinion
Paragraph 6 a (new)

6 a. Regrets that the Commission continues 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 to the impact of FTAs on SMEs and to ensure a level playing field between EU 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 are applied to goods and services imported into the EU;

Amendment 48 #

Draft opinion
Paragraph 6 a (new)

6 a. Calls on the Commission to continue assisting and supporting Member States in the transposition of the ECN+ Directive1ainto national law to ensure that national competition authorities cooperate and work together to enforce EU competition rules; _________________ 1a 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 market (OJ L 11, 14.1.2019, p. 3).

Amendment 49 #

Draft opinion
Paragraph 6 a (new)

6 a. Believes that securing reciprocal market access for EU exports rather than protectionist measures would promote recovery and sustainable growth in the single market;

Amendment 5 #

Draft opinion
Paragraph 1

1. Recalls that competition is key to a well-functioning single market and economy and creates incentives for variety in products, lower prices, higher value, resilience and standards, innovation and better services for the consumer; agrees with an OECD recommendation1a that active enforcement of competition rules in the European market and openness to international trade and investment should remain policy priorities; _________________ 1a OECD (2021), Enhancing regional convergence in the European Union, OECD Economics Department Working Papers No. 1696, OECD Publishing, Paris, https://dx.doi.org/10.1787/253dd6ee-en

Amendment 50 #

Draft opinion
Paragraph 6 b (new)

6 b. Asks the Commission to implement the conclusions of the JRC study6a in order to deliver results and economic growth, including: - more competition can lead to an increase in innovation; - increasing productivity is instrumental for the EU industry’s sustained competitiveness and growth;sluggish growth of labour productivity currently observed in many European industries constitutes a key EU policy concern; - labour productivity growth rates of the service sector lie below the growth rates of the other sectors in every year.This confirms the view of the service sector as an especially productivity-stagnant sector; - labour productivity is generally perceived as the ultimate determinant of citizens' well-being; - analysing the impact of competition policy interventions on innovation is particularly relevant in this period of slow productivity growth in Europe; - burdensome regulation has been particularly harmful to the ability of the economy to allocate resources to the most efficient firms and for productivity growth in firms operating close to the technological frontier; _________________ 6a EU Competitiveness: Recent Trends, Drivers, and Links to Economic Policy, EUR 30571 EN, Publications Office of the European Union, Luxembourg, 2021.

Amendment 51 #

Draft opinion
Paragraph 7

7. Notes that consumers are facing rising energy prices in general, while ~~the number of~~some energy producers ~~in some markets has collapsed~~were unable to honour contracts for delivery; asks the Commission to help ~~ensure~~boosting the availability of ~~a choice of providers for consumer~~renewable energy, including through energy community schemes, to allow for a greater choice of providers for consumers; highlights the need to revise the State aid guidelines on Climate, Energy and Environmental protection in line with the objectives of increasing renewable and energy efficiency investments;

Amendment 52 #

Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Draft opinion
Paragraph 7

7. Notes that consumers are facing rising energy prices in general, while the number of energy producers in some markets has collapsed; asks the Commission to ~~help ensure the availability of a choice of providers for consumers~~revise the rules governing the European electricity market as soon as possible in order to ensure that cheap and environmentally friendly sources of production are maintained;

Amendment 53 #

Draft opinion
Paragraph 7

Amendment 54 #

Jean-Lin LACAPELLE, Virginie JORON, Markus BUCHHEIT

Draft opinion
Paragraph 7 a (new)

7 a. Calls on the Commission to ensure that Member States correctly apply the Temporary Crisis Framework to ensure that support for energy costs reaches those that require it such as the retail and wholesale sector, which are hit by the current crisis but not traditionally thought of as energy intensive; furthermore, calls on the Commission to closely monitor compliance with the Temporary Crisis Framework;

Amendment 55 #

Draft opinion
Paragraph 8

8. Observes that the ~~uptake of electric vehicles will lead to higher electricity consumption in the future~~decision to ban the sale of new internal combustion engine vehicles in favour of electric vehicles will lead to huge costs for car manufacturers and will jeopardise the biofuel vehicle sector; observes further that this decision will lead to a dependence on lithium producing countries and their exporting companies; notes that it will also lead to higher electricity consumption and new ways of consumers ‘fuelling’ their vehicles; asks the Commission and Member States to ensure competition and price transparency between energy providers for electric vehicle charging stations; notes that a lack of competition may lead to consumers paying higher rates than necessary to charge their vehicles;

Amendment 56 #

Draft opinion
Paragraph 8

8. Observes that the uptake of electric vehicles will lead to higher electricity consumption in the future and new ways of consumers ‘fuelling’ their vehicles; asks the Commission and Member States to ensure competition and price transparency between energy providers for electric vehicle charging stations; notes that a lack of competition may lead to consumers paying higher rates than necessary to charge their vehicles; calls on the Commission to assess the need and added value of EU and national public spending on building the charging stations infrastructure;

Amendment 57 #

Draft opinion
Paragraph 8

8. Observes that the uptake of electric vehicles will lead to higher electricity consumption in the future and new ways of consumers ‘fuelling’ their vehicles; asks the Commission and Member States to ensure interoperability, competition and price transparency between energy providers for electric vehicle charging stations; notes that a lack of competition may lead to consumers paying higher rates than necessary to charge their vehicles;

Amendment 58 #

Draft opinion
Paragraph 9

9. Notes the risks of anti-competitive behaviour in the roll-out of artificial intelligence (AI), which could impact the market; observes the need for the Commission to be equipped with the technical and human resources to research and investigate algorithmic collusion and its potential impact on competition; notes at the same time the benefits to consumers of AI solutions, should they reach their pro-competitive potential; calls on the Commission to consider these risks, the likelihood of them materialising and how they can be solved, and include any relevant conclusions in the Union’s competition rules;

Amendment 59 #

Draft opinion
Paragraph 9

9. Notes the risks of anti-competitive behaviour in the roll-out of artificial intelligence (AI), which could impact the market; notes at the same time the benefits to consumers of AI solutions, should they reach their pro-competitive potential; calls on the Commission to consider these risks, the likelihood of them materialising and how they can be solved, and include any relevant conclusions in the Union’s analyses and, if indispensable, in the competition rules;

Amendment 6 #

Draft opinion
Paragraph 1

1. Recalls that competition policy is key to a well-functioning single market and economy and that it should aim to creates incentives for variety in products, ~~lower prices, higher~~fair prices for both producers and consumers, support for European players in global competition, higher social, safety, health and environmental standards, innovation and better services for the consumer;

Amendment 60 #

Draft opinion
Paragraph 9 a (new)

9 a. Underlines that current merger control rules are not fit for dealing with so-called ‘killer acquisitions’ by dominant players; calls for a mandatory opinion of the European Data Protection Board in case of concentrations involving one or more operators in the digital sector on the relevance of datasets for the intended concentration, the personal data the target acquisition processes and the potential impact on the rights to privacy and data protection the intended concentration has;

Amendment 61 #

Draft opinion
Paragraph 9 b (new)

9 b. 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 focused 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 the aforementioned factors and 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 62 #

Draft opinion
Paragraph 9 c (new)

9 c. Calls for increased scrutiny of the leveraging of dominant positions in digital sectors into other sectors, and on the EU’s strategic autonomy, through the revision of the Merger Regulation1a and application of Services of General Economic Interest (SGEI) rules; _________________ 1a Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).

Amendment 63 #

9 d. Stresses the importance of helping consumers and users gain greater control over the use of their data and calls for a high level of protection of personal data;

Amendment 64 #

Draft opinion
Paragraph 9 e (new)

9 e. Emphasizes that the lack of GDPR1a enforcement in Ireland has a significant anticompetitive effect; _________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

Amendment 65 #

Draft opinion
Paragraph 10

Amendment 66 #

Draft opinion
Paragraph 10

10. Recalls that services represent the largest economic sector in the European Union and have still not yet reached their competitive potential and the level of the single market for goods; believes that the work to remove remaining obstacles should be accelerated and a single market for services fully established; calls on the Commission and the 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 67 #

Draft opinion
Paragraph 10

Amendment 68 #

Draft opinion
Paragraph 10

10. Recalls that services represent the largest economic sector in the European Union and have still not yet reached their competitive potential ~~and the level of the single market for goods; beli~~; believes howevesr that the work to ~~remove remaining obstacles should be accelerated and~~support Europe's industrial sectors should be accelerated before acting on the disproportionate obstacles to the establishing of a single market for services ~~fully established~~;

Amendment 69 #

Draft opinion
Paragraph 10 a (new)

10 a. Underlines that services of general economic interest (SGEI) should be subject to specific rules to protect citizens’ access to basic public services; recalls the need for better targeted State aid especially for SGEI, including energy, transport, telecommunication, health and housing;

Amendment 7 #

Draft opinion
Paragraph 1

Amendment 70 #

Draft opinion
Paragraph 10 a (new)

10 a. Reminds that results of empirical analyses have shown that restrictions on the services sector have a negative impact on trade10a, and there does not seem to be a clear positive correlation between service regulation and service quality10aa; _________________ 10a 287 Nordås, H., and Rouzet, D., 2017, The Impact of Services Trade Restrictiveness on Trade Flows, The World Economy 40:6, pp. 1155-1183. 10aa European Commission, 2018, Effects of Regulation on Service Quality – Evidence from six European cases.

Amendment 71 #

Draft opinion
Paragraph 10 b (new)

10 b. Calls on the Commission to follow- up swiftly the recent publication of the Staff Working Document that summarizes the evaluation of the SGEI Rules with a proposal for the revision of the SGEI Rules; urges the Commission to take into account the general public interests of affordable housing and sustainable urban development in the revision of SGEI- and State Aid rules, 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)); recalls that a similar point of view is expressed by key stakeholders in the Staff Working Document; highlights that house prices are up by 9.3% in the euro area and by 9.9% in the European Union in the second quarter of 2022, compared with the same quarter of 2021;

Amendment 72 #

Draft opinion
Paragraph 10 b (new)

10 b. 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 study10b; _________________ 10b Copenhagen Economics, 2018, Making EU trade in services working for all - Enhancing innovation and competitiveness throughout the EU economy

Amendment 73 #

Draft opinion
Paragraph 11

11. Notes with satisfaction that an agreement has been reached on a regulation on foreign subsidies distorting the internal market; calls on the Commission and the Member States to ensure full implementation of this new EU instrument to ensure a level playing field5 ., while stressing the need to avoid using this framework as a protectionist tool that decreases competition in the internal market; notes missing the transparent criteria on how the Commission will assess the distortion of the internal market and thus impose remedies; calls on the Commission to publish these criteria, so that the EU does not become more protectionist; _________________ 5 Proposal for a Regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market (COM/2021/223 final).

Amendment 74 #

Draft opinion
Paragraph 11

11. Notes with satisfaction that an agreement has been reached on a regulation on foreign subsidies distorting the internal market5; calls on the Commission and the Member States to ensure full implementation of this new EU instrument to ensure a level playing field~~5 .~~ for all companies operating in the single market so that non-EU subsidies can be thoroughly examined and distortions can be adequately addressed; _________________ 5 Proposal for a Regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market (COM/2021/223 final).

Amendment 75 #

Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Draft opinion
Paragraph 11 a (new)

11 a. 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 protectionist measures should be phased out; reminds that the correct goal to improve the resilience of the internal market should not be considered as an excuse for incorrect 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 76 #

Draft opinion
Paragraph 11 a (new)

11 a. Asks the Commission to further strengthen the role of the European Consumer Centres Network (ECC-Net); reiterates its call on the Commission to conduct a study on whether an EU consumers authority is needed;

Amendment 77 #

Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Draft opinion
Paragraph 11 b (new)

11 b. Calls on the Commission to urge Member States to comply with "Regulation 1107/2009 concerning the placing of plant protection products on the market";

Amendment 78 #

Draft opinion
Paragraph 11 b (new)

11 b. Stresses that consumer welfare must remain the ultimate goal of the competition policy;

Amendment 79 #

Draft opinion
Paragraph 11 c (new)

11 c. Stresses the role of competition policy also in enhancing regional convergence in the EU; believes that EU policies should be better geared towards improving regional productive specialisation while avoiding any counterproductive impacts, such as support to inefficient firms; acknowledges that competition policy is key to promote efficient resource allocation, therefore stresses that Cohesion Policy and the Common Agricultural Policy, the two largest EU budget instruments, need to become more effective and efficient at promoting productive upgrading based on the OECD11c conclusion asking to deliver more targeted and more conducive common agricultural policy to enhance productivity gains in rural areas, by reforming distortive payments to producers, investing more in innovation and through better coordination with cohesion policy; _________________ 11c OECD (2021), Enhancing regional convergence in the European Union, OECD Economics Department Working Papers No. 1696, OECD Publishing, Paris, https://dx.doi.org/10.1787/253dd6ee-en

Amendment 8 #

Maria GRAPINI

Draft opinion
Paragraph 1

1. Recalls that fair competition is key to a well-functioning single market and economy and creates incentives for variety in products, lower prices, higher standards, innovation and better services for the consumer;

Amendment 80 #

Draft opinion
Paragraph 11 c (new)

11 c. Considers that, in the framework of the single market, the concept of ‘reference market’ should develop and be understood first and foremost from an EU-wide perspective before taking into account lower levels, in order not to counteract efforts to concentrate supply;

Amendment 81 #

Draft opinion
Paragraph 11 d (new)

11 d. Stresses that industrial policy should not conflict with competition policy; agrees with OECD11d that providing support to new activities should be time-limited in order to avoid ending up supporting inefficient, rent-seeking activities; _________________ 11d OECD (2021), Enhancing regional convergence in the European Union, OECD Economics Department Working Papers No. 1696, OECD Publishing, Paris, https://dx.doi.org/10.1787/253dd6ee-en

Amendment 82 #

Draft opinion
Paragraph 11 e (new)

11 e. Urges the Commission to carry out an ex post evaluation of the EU legislation and enforcement decisions, focused on their results and impact including effectiveness of the fines and sanctions imposed for anti-competitive conduct in the internal market.

Amendment 9 #

Antonius MANDERS

Draft opinion
Paragraph 1 – point 1 (new)

(1) Recalls that competition policy rules should be enforced in all sectors, including in the professional sports sector, in line with the rulings of the Court of Justice of the European Union;

source: 739.690

2023/02/28 IMCO 20 amendments...

Amendment 1 #

Draft opinion
Paragraph 1

1. Recalls that fair competition is key to a well-functioning single market and economy and creates incentives for ~~varie~~a diversity inof products, better quality, lower prices, higher value, resilience and standards, innovation, research, and better services for the consumer; stresses that consumer welfare must remain an essential aspect of competition policy; furthermore, stresses that a strong and robust competition policy is a fundamental part of the single market, as set out in the Treaties, and is crucial for the development of a fair and level playing field for all market players, particularly SMEs, which ensures and boosts sustainable growth, jobs and competitiveness; calls on the Commission to introduce changes that create a more favourable environment for all, including start-ups and entrepreneurs, while reaffirming that SMEs could benefit from a stricter application of EU competition rules; agrees with an OECD recommendation1a that active enforcement of competition rules in the European market and openness to international trade and investment should remain policy priorities; _________________ 1a OECD (2021), Enhancing regional convergence in the European Union, OECD Economics Department Working Papers No. 1696, OECD Publishing, Paris, https://dx.doi.org/10.1787/253dd6ee-en

Amendment 10 #

Draft opinion
Paragraph 5 b (new)

5 b. Welcomes the Commission’s proposal for a Data Act (2022/0047(COD)) which aims at addressing market imbalances arising from the concentration of data and creating fair and competitive market conditions for the internal market in cloud, edge and related services;

Amendment 11 #

Draft opinion
Paragraph 6

6. Notes that competition ~~is global by nature;~~can be, by its nature, at the level of local/regional, EU-EEA and worldwide; for the latter encourages the Commission, therefore, to use all tools provided for in the Union’s trade agreements and the Union’s Customs Code4 to counter unfair commercial trading practices ~~and~~, including by addressing environmental and social dumping, and unfair competition from non-EU companies which could affect the single market~~; asks the Commission to look in~~ in order to mainternational agreements and State aid rules in order to seek suitable solutions; _________________ 4 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).ain a level playing field in the single market and attract more investments;

Amendment 12 #

Draft opinion
Paragraph 7

7. Notes that consumers are facing rising energy prices in general, while the number of energy producers in some markets has collapsed; asks the Commission to help ensure the availability of a suitable and informed choice of providers for consumers; asks the Commission to work with Member States to facilitate boosting the availability of renewable energy, including through energy community schemes;

Amendment 13 #

Draft opinion
Paragraph 7 a (new)

Amendment 14 #

Draft opinion
Paragraph 8

8. Observes that the uptake of electric vehicles will lead to higher electricity consumption in the future and new ways of consumers ‘fuelling’ their vehicles; asks the Commission and Member States to ensure interoperability, competition and price transparency between energy providers for electric vehicle charging stations; notes that a lack of competition may lead to consumers paying higher rates than necessary to charge their vehicles; calls on the Commission to undertake a cost-benefit analysis of EU and national public spending on building the charging stations infrastructure;

Amendment 15 #

Draft opinion
Paragraph 9

9. Notes the risks of anti-competitive behaviour in the roll-out of artificial intelligence (AI), which could impact the market; observes the need for the Commission to be equipped with the technical and human resources to research and investigate the potential impact of AI on competition; notes at the same time the benefits to consumers of AI solutions, should they reach their pro- competitive potential; calls on the Commission to consider these risks, the likelihood of them materialising and how they can be solved, and include any relevant conclusions in the Union’s analyses and, if indispensable, in the competition rules;

Amendment 16 #

Draft opinion
Paragraph 9 a (new)

9 a. Stresses the importance of helping consumers and users gain greater control over the use of their data and calls for a high level of protection of personal data and emphasises that the lack of GDPR enforcement can have significant anti- competitive effect;

Amendment 17 #

Draft opinion
Paragraph 9 b (new)

9 b. Believes that current merger control rules should be assessed with the view to determine if they are fit to deal with so-called ‘killer acquisitions’ and ensure fair competition, both online and offline;

Amendment 18 #

Draft opinion
Paragraph 10

10. Recalls that services represent the largest economic ~~sector~~activity in the European Union in terms of gross added-value and have still not yet reached their competitive potential and the ~~level of~~single market for services lags well behind the single market for goods; believes that the work to remove remaining obstacles should be accelerated and a single market for services fully established, including through the enforcement of competition rules; calls on the Commission and the Member States to effectively target the unnecessary restrictions and to diminish unjustified barriers 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; reminds that results of empirical analyses have shown that restrictions on the services sector have an impact on trade and stresses that a fragmented services market hampers productivity growth in services;

Amendment 19 #

Draft opinion
Paragraph 10 a (new)

10 a. Underlines that services of general economic interest (SGEI) are subject to specific rules to protect citizens’ access to basic public services below a clear threshold; recalls the need for better targeted and well-justified State aid especially for SGEI, including energy, transport, telecommunication, health and social housing; calls on the Commission to follow-up swiftly the recent publication of the Staff Working Document that summarizes the evaluation of the SGEI Rules with a proposal for the revision of the SGEI Rules;

Amendment 2 #

Draft opinion
Paragraph 2

2. Notes that the removal of State aid limits due to the COVID-19 crisis and now Russia’s war of aggression against Ukraine have led to Member States providing different amounts of support to the same sectors; underlines that this has led to a playing field that is not level for the same industries within the single market; calls on the Commission to seek ways to counterbalance this problem; notes in particular high divergences in the level of energy subsidies provided by Member States in response to rising energy prices; stresses the importance of a coordinated response that avoids distortion of the EU internal energy market; calls on the Commission to improve the transparency of the State aid assessment process and stresses the need for an ex-post monitoring of the effective implementation of adopted State aid;

Amendment 20 #

Draft opinion
Paragraph 11

11. Notes with satisfaction that an agreement has been reached on a regulation on foreign subsidies distorting the internal market; calls on the Commission and the Member States to ensure full implementation of this new EU instrument to ensure a level playing field5 ., for all companies operating in the single market so that non-EU subsidies can be thoroughly examined and distortions can be adequately addressed; notes the lack of transparent criteria on how the Commission will assess the distortion of the internal market and thus impose remedies; calls on the Commission to publish these criteria; _________________ 5 Proposal for a Regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market (COM/2021/223 final).

Amendment 3 #

Draft opinion
Paragraph 2 a (new)

2 a. Reiterates its call on the Commission to address the anti- competitive effect of territorial supply constraints with a view to ensuring a fully functional single market and harnessing its potential benefit for consumers; reiterates that these types of constraints can be presented in different ways, such as refusal of supply, threat of interruption of supply to a particular distributor, limitation of quantities available for sale, unexplained differentiation of product ranges and prices between Member States or limitation of language options on product packaging;

Amendment 4 #

Draft opinion
Paragraph 2 b (new)

2 b. Underlines that State aid frameworks to respond to the COVID-19 crisis and Russia’s war of aggression against Ukraine should remain temporary; believes that the challenges arising from these crises should be duly taken into account in a broad reflection on industrial policy, through the updated EU industrial strategy that can help allocate resources to certain key sectors, taking into consideration our dependencies in key strategic areas, in a way that does not distort competition between firms and can also help to lay the ground for a resilient, competitive and sustainable economy in the long term; considers that competition rules should not hamper, but contribute to sustainability goals;

Amendment 5 #

Draft opinion
Paragraph 2 c (new)

2 c. Considers it essential to ensure a consistent application of EU competition rules throughout the single market; stresses that EU legislation should be applied equally in all Member States and must observe the suitability and timeliness of national funding; calls on the Commission to avoid creating monopolies through standardisation;

Amendment 6 #

Draft opinion
Paragraph 3

3. ~~Asks the Commission to ensure that~~Welcomes the recent adoption of the Digital Markets Act (DMA)1 and the Digital Services Act (DSA)2 a~~re fully enforced and that~~s essential steps towards a harmonised, fair and competitive digital single market; notes that the Commission is making significant efforts to ensure that the DMA and the DSA are fully enforced by providing sufficient additional Commission staff and resources arfor the assign~~ed for this task; asks the Member States, furthermore, to second additional staff and national experts to the Commission for this task;~~ ment of this task; invites the Commission to increase the resources for an effective and strong implementation and enforcement of these Regulations; asks the Member States, furthermore, to second additional staff and national experts to the Commission for this task; asks the Commission to regularly update the Parliament on the progress made regarding the implementation of the DMA and DSA; welcomes the Commission's initiative to set up workshops on various topics related to the DMA's implementation; _________________ 1 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1). 2 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).

Amendment 7 #

Draft opinion
Paragraph 3 a (new)

3 a. Calls on the Commission to assess the degree of implementation of the Unfair Commercial Practices Directive1a in the Member States and to report on the results of its application1a; _________________ 1a Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market (Unfair Commercial Practices Directive) ((OJ L 149 11.6.2005, p. 22).

Amendment 8 #

Draft opinion
Paragraph 5

Amendment 9 #