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 #

source: 742.668

2023/03/07 ECON 283 amendments...

Amendment 1 #

Motion for a resolution
Citation 5 a (new)

— having regard to Regulation (EU) 2021/1119 of the European Parliament and of the Council 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 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER

Motion for a resolution
Recital B

~~B. whereas competition policy should aim to support the European Green Deal;~~deleted

Amendment 100 #

Motion for a resolution
Paragraph 5 a (new)

5a. Calls on the Commission to consider that the response to the US Inflation Reduction Act shall not be solely based on State aid, but also on other competition policy actions, such as a renewed competition framework, with greater trust, speed and flexibility for companies investing and competing fairly in Europe; welcomes the latest conclusions of the European Council calling on modernising public procurement rules to help foster greener industry and European standards promoted to facilitate the fast roll-out of key technologies; calls on the European Commission to take into account the sustainability and sovereignty criteria for public procurement rules to foster production made in Europe and ensure that European funds benefit to European undertakings and households;

Amendment 101 #

Eva Maria POPTCHEVA, Caroline NAGTEGAAL

Motion for a resolution
Paragraph 5 a (new)

5a. Reiterates that the EU’s response to the Inflation Reduction Act cannot solely be built on State aid, and should instead be focused on creating a predictable and simplified regulatory framework as well as a business-friendly environment, in particular by reducing the administrative burden for companies; believes that competition policy plays a crucial role in creating such an environment and in maintaining a level playing field within the internal market, which is a driver for competitiveness and innovation;

Amendment 102 #

Motion for a resolution
Paragraph 5 a (new)

5a. Stresses that the US Inflation Reduction Act uses local content requirements as a condition for allocating additional tax credits; calls on the Commission to closely monitor the effect of these clauses on supply chains and jobs on both sides of the Atlantic; is of the opinion that trade rules should allow for local content requirements when beneficial to the green industrial transition, and to combat climate change;

Amendment 103 #

Motion for a resolution
Paragraph 5 a (new)

5a. Calls on the Commission to explore, as a response to the US Inflation Reduction Act, a broader range of solutions for a more competitive European industry in order to allow companies growing, competing and succeeding globally; in this regard, calls for a review of the competition rules, that should not only be based on State aid, but should also include other areas of competition policy, such as merger control;

Amendment 104 #

Motion for a resolution
Paragraph 5 a (new)

5a. Asks the Commission to collaborate with the USA to ensure that the implementation of the US Inflation Reduction Act is aligned with European interests as much as possible, especially to ensure that the EU is covered by the exceptions provided under the Act for countries with a free-trade cooperation, and making sure that European products are eligible for tax credits on equal terms as US products;

Amendment 105 #

René REPASI, Evelyn REGNER, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 5 a (new)

5a. Reminds that a fragmented approach to State aid has the potential to create an uneven playing field within the EU internal market as not all Member States have the same fiscal space to provide support; calls therefore for the monitoring of potential distortive effects and for any flexibilisation of the State aid framework to be applied solely to State aid provided at European level;

Amendment 106 #

Motion for a resolution
Paragraph 5 a (new)

5a. Notes that while the extraordinary support measures granted during the Covid-19 crisis, in response to Russia's war of aggression in Ukraine and in relation to the US Inflation Reduction Act were necessary in light of unprecedented challenges, these extraordinary levels of public support must not become the new normal;

Amendment 107 #

Motion for a resolution
Paragraph 5 a (new)

5a. Stresses the importance of a structured global dialogue and cooperation on competition policy enforcement particularly with regard to State aid issues, not least with reference to issues raised by the Foreign Subsidies Regulation;

Amendment 108 #

Motion for a resolution
Paragraph 5 b (new)

5b. Warns against a harmful, untargeted subsidy race in the European Union benefitting solely large companies and their shareholders; warns most in particularly against an accelerated aggressive tax competition through tax credits; observes that the recently brokered G20/OECD Global Tax Deal introduces an advantageous treatment for refundable tax credits, which are in effect direct subsidies via the tax system; calls on the EU to develop rules defining harmful tax credits; emphasises that tax credits should not serve the sole purpose of lowering the tax burden of large companies at the expense of public coffers and undermining the global minimum tax;

Amendment 109 #

Motion for a resolution
Paragraph 5 b (new)

5b. Notes that during the Covid-19 crisis, the Commission approved substantial amounts of State aid in the context of the State aid Temporary Crisis Framework to allow Member States to respond to the public health crisis; notes that the amount of State aid granted varied between Member States with Italy, Spain, France, Hungary and Greece mobilising the greatest amount of State aid as a percentage of pre-crisis GDP1a; _________________ 1a Competition state aid brief. Issue 1/2022 – February 2022, Figure 1 (COVID-19 State aid expenditure as compared to GDP)

Amendment 11 #

Motion for a resolution
Recital B

B. whereas competition policy should aim ~~to support the European Green Deal;~~ primarily to promote the proper functioning of the internal market while safeguarding fair, effective competition among market players and avoiding restrictions or distortions; whereas competition policy should also include a component to support the Union’s strategic objectives, including those related to the European Green Deal and the digital transition, among others;

Amendment 110 #

René REPASI, Evelyn REGNER, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 5 b (new)

5b. Supports the creation of a European Sovereignty Fund, as an opportunity to establish a system of EU State aid that prevents the risk of internal market fragmentation which is inherent to decentralised State aid systems;

Amendment 111 #

Motion for a resolution
Paragraph 5 b (new)

5b. Underlines that introduction of Next Generation EU effectively raised the EU budget by 70%; recognises that public resources are limited and mostly funded by the taxpayers;

Amendment 112 #

Motion for a resolution
Paragraph 5 c (new)

5c. Underlines the unprecedented amounts of aid approved under the Covid and Temporary Crisis Framework; stresses that both frameworks do not preclude solvency support of failing undertakings leading to an extensive bail- out of the entire corporate sector through the use of public resources; regrets that such support has not been accompanied by conditions at EU level, that would ensure taxpayer’s participation in the upside, including issuance of preferred shares with warrants, dividend restrictions, bans of shares buybacks nor requirements that would promote the environmental viability of companies such as energy efficiency, renewable energy usage and virgin material reduction targets; calls for the introduction of such binding conditions in the upcoming revision of the Temporary Crisis and Transition Framework that would in case of breach lead to aid recovery;

Amendment 113 #

René REPASI, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 5 c (new)

5c. Is concerned that the US Inflation Reduction Act might lead to reciprocal introduction of additional European investment funds without their proper impact assessment and efficiency evaluation, which could cause misallocation of economic resources and thus further hamper European competitiveness and economic growth; underlines that a reasonable policy response requires prioritising the existing public investments and programs according to their efficiency in order to achieve the highest possible value for money and to support economic growth;

Amendment 114 #

Motion for a resolution
Paragraph 5 c (new)

5c. Is of the opinion that the flexibilisation of the Temporary Crisis and Transition Framework (TCTF) should only apply to aid provided by the European Sovereignty Fund and the Recovery and Resilience Facility;

Amendment 115 #

Motion for a resolution
Paragraph 5 d (new)

5d. Stresses that 80% of the State aid commitments under the Temporary Crisis Framework stem from two Member States; warns of the different fiscal capacity of Member States to provide aid and of the very real risk of unfair competition and consequent fragmentation of the single market; agrees with the letter sent by the Commissioner for Competition to EU Ministers that prioritises the safeguarding of the level playing field through joint EU expenditure; supports any further flexibility under EU State aid rules shall only be implemented in conjunction with new EU joint financing to even out the different abilities of support and to ensure every Member State is investing in the green transition;

Amendment 116 #

René REPASI, Evelyn REGNER, Paul TANG, Margarida MARQUES

Motion for a resolution
Paragraph 5 d (new)

5d. Insists that the EU institutions and the Member States should ensure that the increased flexibility provided for firms in the Temporary Crisis and Transition Framework is conditional upon the funding being used to benefit employees and respect social and labour rights and the recipient firms commitments to set a path towards reducing the carbon footprint of energy consumption and implementing energy efficiency measures;

Amendment 117 #

Motion for a resolution
Paragraph 5 e (new)

5e. Takes note of the proposed modification of the Temporary Crisis and Transition Framework for State aid in order to allow Member States to support further renewable energy technologies; recalls the imperative to ensure that any State aid support is aligned with the European 2030 climate and energy targets and comply with the energy efficiency first principle; stresses that any increased flexibility on State aid rules to support sustainable activities should be accompanied by a tightening of these rules to prevent State aid going to environmentally harmful activities;

Amendment 118 #

René REPASI, Evelyn REGNER, Paul TANG, Margarida MARQUES

Motion for a resolution
Paragraph 5 e (new)

5e. Insists that the EU institutions and the Member States should also ensure that the increased flexibility provided for firms in the Temporary Crisis and Transition Framework is conditional upon the recipient firms commitments to refraining from paying bonuses to management, tax evasion, paying out dividends or offering share buy-back schemes for as long as they are receiving this support;

Amendment 119 #

Motion for a resolution
Paragraph 5 f (new)

5f. Considers that the aim of current revision of the Temporary Crisis and Transition Framework is not to support failing entities but shape and ultimately create new competitive businesses, where the state acts as a risk taker in generating innovation-led green industries; supports, however, that any such public participation in associated corporate risks, should entail a more active public involvement in the accrued returns; urges, therefore, any State aid support in the context of an EU response to the US Inflation Reduction Act to be accompanied by a broad range of measures that should ensure the socialisation of rewards, including profit sharing mechanisms, requirements on re- investments, knowledge sharing obligations when it comes IP rights as well as price capping schemes;

Amendment 12 #

Motion for a resolution
Recital B

B. whereas competition policy should aim to support the European Green Deal; underlines in this context that government support to companies in transition 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; stresses the need for a global level-playing field, also in relation to the Fit for 55 proposals;

Amendment 120 #

René REPASI, Evelyn REGNER, Paul TANG

Motion for a resolution
Paragraph 5 f (new)

5f. Calls on the Commission to ensure that any State aid should be returned if a company makes profits within the next 10 years;

Amendment 121 #

Motion for a resolution
Paragraph 5 g (new)

5g. Takes note of the suggestion to offer tax breaks to companies in the proposed modification of the Temporary Crisis and Transition Framework for State aid; emphasises that tax incentives should not blindly mirror schemes under the US Inflation Reduction Act, but aim at attracting real investments, meaning supporting the expansion or creation of new capacity rather than the subsidisation of existing production; notes with concern that a significant amount of government funding is already channelled through ineffective tax expenditure in the form of exemptions, deductions, credits, deferrals and reduced tax rates; urges Member States to carefully design tax incentives so that the benefits to society outweigh the costs for public coffers; calls on Member States to perform annual, detailed and public cost-benefit analyses of each tax provision;

Amendment 122 #

Motion for a resolution
Paragraph 6

Amendment 123 #

Motion for a resolution
Paragraph 6

6. Considers the expansionary monetary policy, rising energy and food prices to be the main drivers of the current hike in inflation; ~~deplor~~notes some undertakings’ freeriding in the context of rising energy and food prices ~~and~~; reiterates that ~~the Commission must make use of all~~market prices should not be viewed as a problem requiring regulation, because they a~~vailable tools under competition law to tackle market distortions and unfair price manipulation in the energy and food markets~~re indicative of the underlying economic conditions, and provide valuable information to market participants and public authorities alike; calls on the Commission in this regard to thoroughly consider possible unintended consequences of its actions conducted under competition law; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct;

Amendment 124 #

Motion for a resolution
Paragraph 6

6. Considers the rise ing energy and food prices ~~to be~~caused by the war in Ukraine to be one of the main drivers of the current hike in inflation; ~~deplores some undertakings’ freeriding in the context of rising energy and food prices and~~ reiterates that the Commission must make use of all the available tools under competition law to tackle market distortions and unfair price manipulation in the energy and food markets~~; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct~~ in an impartial and objective manner in order to preserve the credibility of EU competition policy; stresses that SMEs, which account for 99.8% of the EU’s companies, can face major difficulties in accessing finance and subsidies, thus placing them at a competitive disadvantage;

Amendment 125 #

Motion for a resolution
Paragraph 6

6. ~~Considers~~Notes that rising energy and food prices ~~to b~~initially were the main drivers of ~~the current hike in inflation~~inflation, while price rises have broadened recently; deplores some undertakings’ freeriding in the context of rising energy and food prices and reiterates that the Commission must make use of all ~~the~~ available tools under competition law to tackle market distortions and unfair price manipulation ~~in the energy and food markets; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct~~;

Amendment 126 #

Motion for a resolution
Paragraph 6

6. Considers rising energy and food prices to be the main drivers of the current hike in inflation; deplores some undertakings’ freeriding in the context of rising energy and food prices and reiterates that the Commission must make use of all the available tools under competition law to tackle market distortions and unfairthat energy and food price hikes are fuelled by commodity speculation and the misuse of market power to gain windfall profits aggravating the cost of living crisis; deplores the lack of suitable tools under competition law, or the failure to apply existing tools, to tackle market power and price manipulation in the energy and food markets; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct;

Amendment 127 #

Motion for a resolution
Paragraph 6

6. Considers rising energy and food prices, leading to excessive corporate profits, to be the main drivers of the current hike in inflation; deplores some undertakings’ freeriding in the context of rising energy and food prices and reiterates that the Commission must make use of all the available tools under competition law to tackle market distortions and unfair price manipulation in the energy and food markets; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct;

Amendment 128 #

Motion for a resolution
Paragraph 6 a (new)

6a. Acknowledges that due to crises, like the Covid pandemic and the Russian invasion of Ukraine, market conditions can quickly deteriorate and State aid may be necessary; yet, market conditions can also quickly improve leading to vast profits; points out that few Member State have exercised clawback-mechanisms upon excess profits in cases where ex-ante assumptions prove wrong; points out that in such cases State aid is illegal; calls upon the Commission to investigate the lack of clawbacks in Member States;

Amendment 129 #

Motion for a resolution
Paragraph 6 a (new)

6a. Calls on the Commission to consider that the response to the US Inflation Reduction Act shall not be solely based on State aid; any EU response should seek to deepen the single market and to include a renewed competition framework, with greater trust and flexibility for European companies, which are the enablers of the solutions needed to make EU industry more competitive;

Amendment 13 #

Motion for a resolution
Recital B

B. whereas competition policy should aim to support ~~the European Green Deal;~~ prosperity and State sovereignty, as well as the exercise of democratic freedoms, protected from undue interference brought about by an excessive concentration of the means of production;

Amendment 130 #

Motion for a resolution
Paragraph 6 a (new)

6a. Appeals for a revision of EU State aid rules that also reflects the current situation as regards health and social services within the EU, taking into consideration the renewed needs ensuing the COVID-19 pandemic as well as in the spirit of guaranteeing the provision of essential health and social services for EU citizens;

Amendment 131 #

Motion for a resolution
Paragraph 6 a (new)

6a. Considers that increased product market competition reduces profit margins and price levels, and thus contributes to moderating inflation;

Amendment 132 #

Motion for a resolution
Paragraph 6 b (new)

6b. Welcomes the Commission’s intention to increase the de minimis Regulation; notes that the rate of inflation is one of the main drivers behind this review and asks whether it could be the case to have an inbuilt automatic inflationary mechanism; believes, however, that other than the inflation factor, the Commission should prioritise on the socioeconomic realities of the various EU regions and also that the proposed EUR 275.000 is too low;

Amendment 133 #

Motion for a resolution
Paragraph 7

Amendment 134 #

Motion for a resolution
Paragraph 7

Amendment 135 #

Motion for a resolution
Paragraph 7

7. Calls for a permanent market investigation mechanism, which should be triggered automatically upon the fulfilment of certain conditions, such as a specific rise in prices, in order to prevent ~~any future freeriding effects~~unjustified or socially harmful price hikes; highlights that these should be met with appropriate interventions as, for example, windfall taxes, price controls or antitrust proceedings; calls for public reporting obligations on price formation for large companies in order to enhance market transparency and subject private price formation to public and parliamentary scrutiny, especially in sectors of significant general interest as energy, food, communication and housing;

Amendment 136 #

Motion for a resolution
Paragraph 7

7. Calls for a permanent market investigation mechanism, which should be triggered automatically upon the fulfilment of certain conditions, such as a specific rise in prices, in order to prevent any future freeriding effects; calls in particular for the monitoring of the price differentials between wholesale and retail prices of food, feed and fertilizer products;

Amendment 137 #

Motion for a resolution
Paragraph 7

7. Calls for a permanent market investigation mechanism, which should be triggered automatically upon the fulfilment of certain conditions, such as a specific rise in prices, in order to prevent any future freeriding effectson the Commission to make full use of the existing tools and mechanisms for investigating and enforcing competition law;

Amendment 138 #

Motion for a resolution
Paragraph 7

7. Calls for a permanent market investigation mechanism, which should be triggered automatically upon the fulfilment of certain conditions, such as a specific rise in prices, in order to prevent any future freeriding effectson the European Commission to provide an effective set of instruments enabling it to act impartially and comprehensively in ensuring the proper functioning of the single market and competition policy;

Amendment 139 #

Motion for a resolution
Paragraph 7 a (new)

7a. Believes that there is a case now for the creation of a fully integrated single market for the energy and telecommunication services; notes that the growth in those markets in Europe has been very low over the past ten years and fragmentation is the key reason; notes especially for the telecoms market that it remains one of the most critical markets 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 OTT (over-the-top) platforms;

Amendment 14 #

Motion for a resolution
Recital B

B. whereas competition policy should ~~aim to support the European Green Deal~~encourage job creation, growth, competitiveness, entrepreneurship and innovation especially during times of uncertainty and transformation;

Amendment 140 #

René REPASI, Paul TANG, Margarida MARQUES

Motion for a resolution
Paragraph 7 a (new)

7a. Points out that the US Inflation Reduction Act includes the objective to support lower-income communities and workers; welcomes the attachment of social conditionalities to public support schemes under the US Inflation Reduction Act promoting, for example, good pay, apprenticeship places or unionised jobs; welcomes that the US Inflation Reduction Act is planned to be financed through fair taxation of the largest corporations and extraordinarily wealthy households; calls on Member States and the Union to apply social conditionalities and fair taxation in their own public support schemes;

Amendment 141 #

Motion for a resolution
Paragraph 7 a (new)

7a. Welcomes the General Court’s judgment in the Ilumina/Grail case (Case T-227/21) confirming the European Commission’s Guidance on the application of the referral mechanism set out in Article 22 of Regulation No 139/2004 to certain categories of cases, which enables the Commission to examine and to eventually prevent mergers below the quantitative jurisdictional thresholds defined by the Merger Regulation;

Amendment 142 #

René REPASI, Margarida MARQUES

Motion for a resolution
Paragraph 7 a (new)

7a. Calls on the Commission to take action to ensure that the State aid approval procedure is swift and efficient to ensure the timely approval of much- needed projects in light of the pandemic, the war in Ukraine and the twin transitions; supports the creation of a special operation centre within the Commission to accelerate the approval procedure;

Amendment 143 #

Motion for a resolution
Paragraph 7 b (new)

7b. Urges the Commission to initiate a revision of the Merger Regulation in case the Court of Justice revokes the General Court’s judgment upon appeal and declares the Commission’s guidance void;

Amendment 144 #

Motion for a resolution
Paragraph 8

Amendment 145 #

Motion for a resolution
Paragraph 8

8. ~~Calls for the quantitative jurisdictional thresholds in the EC Merger Regulation to be reviewed and lowered~~Takes the view that that not all market concentrations have negative consequences; calls ~~for~~on the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest, such as climate protection, sustainability and the rule of law, to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditionsCommission to make a distinction between anti- competitive and hyper-competitive behaviour when implementing the rules; calls for matters of public interest to be taken into account when examining the impact of a concentration on the internal market;

Amendment 146 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 8

Amendment 147 #

Motion for a resolution
Paragraph 8

8. Calls for the quantitative jurisdictional thresholds in the EC Merger Regulation to be reviewed and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest, such as climate protection, sustainability and the rule of law, to be taken into account when examiningEU objectives, such as climate protection, sustainability, open strategic autonomy, industrial competitiveness, to be taken into account when examining the impact of a concentration on the internal market; calls on the Commission to revise merger guidelines to adopt a more comprehensive assessment of efficiencies in merger control and cooperation; notes that the assessment of horizontal cooperation should also recognise the imp~~act~~ortance of a co~~ncent~~llaboration oin ~~the~~ markets dominate~~rnal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent condition~~d by digital gatekeepers; recognises the need to foster cooperation among players in traditional as well as digital markets, by giving the right relevance to the positive effects, like efficiencies and benefits in the relevant antitrust analysis;

Amendment 148 #

Motion for a resolution
Paragraph 8

8. Calls for the quantitative jurisdictional thresholds in the EC Merger Regulation to be reviewed ~~and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant marke~~; calls for matters of public and strategic interest, such as climate protection, sustainability and the rule of law, to be taken into account when examining the impact orf any concentration ~~involving a very large market operator or a gatekeeper; calls for matters of public interest, such as climat~~on the internal market; calls for also taking into account in approval decisions the global context of the industry, the size of the prote~~ction, sustainability and the rule of law, to be taken into account when examining the impact of a concentration on the internal market~~ntial merged company relative to third country competitors and the need to avoid dependencies on third countries in strategic sectors; calls for the inclusion of review clauses in decisions approving a concentration ~~with a view to introducing more stringent conditions~~;

Amendment 149 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

8. Calls for the ~~quantitative jurisdictional thresholds in the EC Merger Regulation to be reviewed and lowered; calls for the~~ introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a ~~very large~~dominant market ~~operato~~player or a gatekeeper in line with the DMA Regulation; calls for matters of public interest, such as climate protection, sustainability and the rule of law, to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions;

Amendment 15 #

Motion for a resolution
Recital B

B. whereas competition policy should aim to support the European Green Deal, Digital Compass goals and the resilience of the EU internal market ;

Amendment 150 #

Motion for a resolution
Paragraph 8

8. Calls for the quantitative jurisdictional thresholds in the EC Merger Regulation to be reviewed ~~and lowered~~; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration ~~involving a very large market operator or a gatekeeper~~; calls for matters of public interest, such as climate protection, sustainability and the rule of law, to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions;

Amendment 151 #

Motion for a resolution
Paragraph 8

Amendment 152 #

René REPASI, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 8

Amendment 153 #

Enikő GYŐRI

Motion for a resolution
Paragraph 8

Amendment 154 #

Motion for a resolution
Paragraph 8

Amendment 155 #

Motion for a resolution
Paragraph 8

Amendment 156 #

Motion for a resolution
Paragraph 8 a (new)

8a. Is deeply alarmed by the far- reaching concentration of the food supply chain, whereby four companies, all with close financial ties, own and sell up to 60% of the global seed market and 75% of global pesticides, to the detriment of consumers, farmers, the environment and biodiversity alike; points out that such an oligopoly will make farmers even more technologically and economically dependent on a few globally integrated one-stop-shop platforms, produce limited seed diversity, re-direct trends in innovation away from the adoption of a production model which is respectful of the environment and biodiversity and ultimately, as a result of reduced competition, generate less innovation;

Amendment 157 #

Motion for a resolution
Paragraph 8 a (new)

8a. Taking note of a shrinking market share of the duopoly on the ad market due to regulation; looks with concern at the big telecom operators proposal to fill this gap to become dominant on the adtech market; deeply regrets the decision by the Commission to clear the creation of a joint venture by Deutsche Telekom, Orange, Telefonica and Vodafone; points out that failure to block the aggressive data collection strategy of combining sensitive consumer data by four large telecom providers shows the European Commission fails to properly consider data and data privacy in merger and acquisition cases; calls upon the Commission to re-evaluate their decision;

Amendment 158 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 8 a (new)

8a. Calls for the interests and sovereignty of Member States to be safeguarded whenever strategic areas that contribute to energy independence or the defence industry are concerned when decisions are made on draft terms of mergers so as not to prevent, at national or continental level, the creation of companies that have the critical mass to withstand international competition;

Amendment 159 #

Motion for a resolution
Paragraph 8 a (new)

8a. Calls on the Commission to review its merger 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 16 #

Motion for a resolution
Recital B

B. whereas competition policy should aim to support the European Green Deal, high quality jobs and the fight against the cost of living crisis;

Amendment 160 #

Motion for a resolution
Paragraph 8 a (new)

8a. 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 too narrow perspective of the relevant market thus depriving European companies of the opportunity to effectively compete in a globalised arena;

Amendment 161 #

Motion for a resolution
Paragraph 8 a (new)

8a. Is strongly concerned about the authorisation of mergers and acquisitions by the Commission that substantially increase market concentration and power as shown in the case of Bayer’s acquisition of Monsanto in the agricultural and chemical sector or the merger between Orange and MasMovil in Spain's mobile market;

Amendment 162 #

Motion for a resolution
Paragraph 8 b (new)

8b. Points out that the 'Internet of Things' (IoT) is a growing market; further points out that smart home devices, such as robot vacuum cleaners, are a major source of consumer data; notes that mergers and acquisitions in this sector can provide major competitive damage; calls upon the Commission to evaluate merger and acquisition cases in this sector with extra care; specifically when these cases involve established big tech companies; furthermore calls to impose conditions on the use of data if needed;

Amendment 163 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 8 b (new)

8b. Considers that the jurisdictional thresholds setting the starting point for an EU merger review, which are based on the turnovers of the target and acquiring entities, are not appropriate for the digital economy, in which value is often, for advertising purposes, represented by the number of visitors to a website; suggests that these thresholds be revised and adapted to the number of consumers impacted by mergers and the value of the related transactions;

Amendment 164 #

Motion for a resolution
Paragraph 8 b (new)

8b. Welcomes the revision of the notice on the definition of the relevant market, underlines the importance to adopt a more dynamic approach and take into account a longer-term vision encompassing the global dimension and potential future competition in its competitive assessments, calls on the Commission to take into account the sustainability objectives and make the innovation criteria as a core element of the relevant market analysis;

Amendment 165 #

Motion for a resolution
Paragraph 8 c (new)

8c. Calls on the European Commission, when assessing whether mergers lead to a significant impediment of effective competition (SIEC) to refrain from employing a narrowly designed substantive test that merely focuses on the effects of a merger on prices, output and innovation; supports instead that the Commission should consider the full social costs of such transactions, taking into account the broader impact of these mergers on environmental protection, as it is obliged to do by virtue of Article 11 TFEU, and the international obligations on biodiversity to which EU Member States and the EU should abide to;

Amendment 166 #

Motion for a resolution
Paragraph 8 d (new)

8d. Asks the Commission to come forward with a revision of the EC Merger Regulation, so that it may be vested with the powers, much as a number of Member States are at present, to adopt measures to protect the European public order and the rights and principles of the TFEU and EU Charter of Fundamental Rights, including environmental protection;

Amendment 167 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 9

9. Urges the Commission to ~~take decisiv~~ensure that mergers and acquisitions are reviewed and approved in a fair, transparent, and efficient manner, and if appropriate, to take action, under Article 22 of the EC Merger Regulation, against ‘killer acquisitions’ that must be reported to the Commission under the Digital Markets Act (‘DMA’);

Amendment 168 #

Motion for a resolution
Paragraph 9

9. Urges the Commission to take decisive action, under Article 22 of the EC Merger Regulation, against ‘killer acquisitions’ that must be reported to the Commission under the Digital Markets Act (‘DMA’); welcomes the new guidance from the European Commission on the use of Article 22 of the EC Merger Regulation by Member States to review a transaction; underlines the importance of the confirmation of this new application by the European Court of Justice to address effectively "killer acquisitions";

Amendment 169 #

Motion for a resolution
Paragraph 9

9. Urges the Commission to tmake ~~decisive action, under~~more extensive use of the mechanism foreseen in Article 22 of the EC Merger Regulation, against ‘'killer acquisitions~~’ that must~~' not only for those that have to be reported to the Commission under ~~the Digital Markets Act (‘DMA’)~~Article 14 DMA but also for those in other strategic sectors;

Amendment 17 #

Stéphanie YON-COURTIN, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Recital B

B. whereas competition policy should aim to support the European Green Deal and Digital Compass goals;

Amendment 170 #

Motion for a resolution
Paragraph 10

~~10. Calls for the Commission’s procedure for examining a concentration to be shortened by making full use of digitalisation;~~deleted

Amendment 171 #

René REPASI, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

10. Calls for the Commission’s procedure for examining a concentration to be shortened by making full use of digitalisation, resulting, if appropriate, in eliminating regulatory barriers for new or smaller companies to access the market;

Amendment 172 #

Motion for a resolution
Paragraph 10 a (new)

10a. Recalls that the current de minimis Regulation on State aid expires at the end of 2023; notes the call for evidence by the Commission on its review of the services of general economic interest (SGEI) de Minimis Regulation (Regulation 360/2012); calls on the Commission to assess how EU competition principles have affected the supply of services of general economic interest, also in light of the Covid crisis and increased costs of living;

Amendment 173 #

Motion for a resolution
Paragraph 10 a (new)

10a. Stresses the need to strengthen the involvement of workers in merger and acquisition decisions; calls for mandatory consultation and veto rights for workers in merger and acquisition decisions;

Amendment 174 #

Motion for a resolution
Paragraph 11

11. Welcomes the Commission’s willingness to take into account the effects on labour markets and wages when determining the anti-competitiveness of collusive behaviour under Article 101(1) TFEU, as demonstrated by its reference to ‘no-poach’ agreements14 ; calls on the Commission to use the effects on wages as a benchmark when establishing infringements of competition law; _________________ 14 Speech by Commission Executive Vice President Margrethe Vestager, 22 October 2021, https://ec.europa.eu/commission/commissi oners/2019- 2024/vestager/announcements/speech- evp-m-vestager-italian-antitrust- association-annual-conference-new-era- cartel-enforcement_en.deleted

Amendment 175 #

Motion for a resolution
Paragraph 11

Amendment 176 #

René REPASI, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 11

11. ~~Welcom~~Recognises the Commission’s willingness to take into account the effects on labour markets and wages when determining the anti-competitiveness of collusive behaviour under Article 101(1) TFEU, as demonstrated by its reference to ‘no-poach’ agreements14 ; calls on the Commission to use the effects on wages as a benchmark when establishing infringements of competition law; _________________ 14 Speech by Commission Executive Vice President Margrethe Vestager, 22 October 2021, https://ec.europa.eu/commission/commissi oners/2019- 2024/vestager/announcements/speech- evp-m-vestager-italian-antitrust- association-annual-conference-new-era- cartel-enforcement_en.; calls on the Commission to carefully balance the potential effects on wages with the need to ensure a competitive market;

Amendment 177 #

Motion for a resolution
Paragraph 11 a (new)

11a. Welcomes the Commission ‘Guidelines on the application of EU competition law to collective agreements’, clarifying that EU competition law does not prevent solo self-employed workers from engaging in collective bargaining; recalls that precarious working conditions of self-employed workers often stems from limited or no access to collective bargaining;

Amendment 178 #

Motion for a resolution
Paragraph 11 a (new)

11a. Expresses concerns that the Commission's consideration of the effects on labour markets and wages may lead to unintended consequences and calls for a balanced approach that takes into account the benefits of voluntary agreements between companies, particularly in cases where they result in increased innovation and efficiency;

Amendment 179 #

Motion for a resolution
Paragraph 12

12. Welcomes the evaluation of Regulation (EC) No 1/2003 and Regulation (EC) No 773/2004 initiated by the Commission; considers a legislative review of these regulations necessary; ~~calls for stronger use of structural remedies, and therefore for the primacy of behavioural remedies to be removed from Regulation (EC) No 1/2003;~~

Amendment 18 #

Motion for a resolution
Recital B

B. whereas competition policy should ~~aim to support the European Green Deal~~not be guided by secondary objectives;

Amendment 180 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 12

12. Welcomes the evaluation of Regulation (EC) No 1/2003 and Regulation (EC) No 773/2004 initiated by the Commission; considers a legislative review of these regulations necessary; calls the Commission to speed up antitrust procedures to ensure the effectiveness of EU antitrust rules and the well- functioning of the internal market; calls the Commission to introduce time limits for antitrust proceedings; calls for stronger use of structural remedies, and therefore for the primacy of behavioural remedies to be removed from Regulation (EC) No 1/2003;

Amendment 181 #

Motion for a resolution
Paragraph 12

12. Welcomes the evaluation of Regulation (EC) No 1/2003 and Regulation (EC) No 773/2004 initiated by the Commission; considers a legislative review of these regulations necessary; calls the Commission to speed up antitrust procedures and introduce time limit for antitrust proceedings to ensure the effectiveness of EU antitrust rules and the well-functioning of the internal market; calls for stronger use of structural remedies, and therefore for the primacy of behavioural remedies to be removed from Regulation (EC) No 1/2003;

Amendment 182 #

Motion for a resolution
Paragraph 12

12. Welcomes the evaluation of Regulation (EC) No 1/2003 and Regulation (EC) No 773/2004 initiated by the Commission; considers a legislative review of these regulations necessary; calls ~~for stronger~~on the Commission to also consider the use of structural remedies, a~~nd therefore for the primacy of behavioural remedies to be removed from Regulation (EC) No 1/2003~~s remedies of last resort;

Amendment 183 #

Motion for a resolution
Paragraph 13

13. Calls for the introduction of an explicit legal base for the unbundling of undertakings as a structural remedy for antitrust violations; considers unbundling to also be a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained, but conditions for competition would improve significantly if unbundling measures were applied;deleted

Amendment 184 #

Motion for a resolution
Paragraph 13

13. Calls ~~for~~on the ~~introduction~~Commission to analyse the merits of an explicit legal base for the unbundling of undertakings as a structural remedy of last resort for antitrust violations; considers unbundling to also be a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained, but conditions for competition would improve significantly if unbundling measures were applied;

Amendment 185 #

Motion for a resolution
Paragraph 13

13. CAcknowledges the existence of a legal basis for structural separation; regrets the reluctance of the Commission to address market dominance through structural separation; calls for the introduction of an explicit legal base for the unbundling of undertakings as a structural remedy for antitrust violations; considers unbundling to also be a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained, but conditions for competition would improve significantly if unbundling measures were applied;

Amendment 186 #

Stéphanie YON-COURTIN, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 13

13. Calls ~~for~~on the Commission to investigate potential costs and benefits of the introduction of an explicit legal base for the unbundling of undertakings as a structural remedy for antitrust violations; considers unbundling to also be a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained, but conditions for competition would improve significantly if unbundling measures were applied, taking into account potential unintended consequences, such as the fragmentation of efficient and integrated business models;

Amendment 187 #

Motion for a resolution
Paragraph 13

13. Calls for the ~~introduction of an explicit legal base for the unbundling of undertakings as a structural remedy for antitrust violations; considers unbundling to also be~~unbundling of undertakings as a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained, but conditions for competition would improve significantly if unbundling measures were applied;

Amendment 188 #

Motion for a resolution
Paragraph 13

13. Calls for the introduction of an explicit legal base for the unbundling of undertakings as a structural remedy for antitrust violations; c~~onsiders~~alls for unbundling to also be a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained, but conditions for competition would improve significantly if unbundling measures were applied;

Amendment 189 #

Motion for a resolution
Paragraph 13 a (new)

13a. Points out that addressing the existing regulatory barriers and cutting red-tape to ease the entry for new competitors can often be more effective way to address the market distortions1a; _________________ 1a For example: academic research suggests that privacy regulations, such as GDPR, can function as nonpecuniary barriers to trade, especially if enacted by a large economic area, https://cepr.org/voxeu/columns/regulatory -export-and-spillovers-how-gdpr-affects- global-markets-data

Amendment 19 #

Motion for a resolution
Recital B a (new)

Ba. whereas competition policy should be based on principles of security and legal certainty, predictability and proportionality; whereas exceptional economic circumstances justify temporary, more flexible regimes that are designed with a high degree of respect for the integrity of the internal market;

Amendment 190 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 14

14. ~~Underlines the importance of~~Invites the Commission to make a greater adoptingon of interim measures in the enforcement of competition law, particularly in relation to dynamic and fast- developing markets such as digital markets; therefore supports the Commission in enhancing the use of interim measures under the existing Regulation (EC) No 1/2003; calls for legislative action to lower the burden associated with the use of interim measures for the Commission and for national competition authorities;

Amendment 191 #

Motion for a resolution
Paragraph 14

14. Underlines the importance of adopting interim measures in the enforcement of competition law to stop any practice which would seriously harm competition, particularly in relation to dynamic and fast- developing markets such as digital markets; therefore supports the Commission in enhancing the use of interim measures under the existing Regulation (EC) No 1/2003; calls for legislative action to lower the burden associated with the use of interim measures for the Commission and for national competition authorities;

Amendment 192 #

Motion for a resolution
Paragraph 14

14. Underlines the importance of adopting interim measures in the enforcement of competition law, particularly in relation to dynamic and fast- developing markets such as digital markets; ~~therefore~~ supports the Commission in en~~hanc~~suring th~~e use of~~at interim measures ~~und~~are used sparingly and only in cases where the ~~existing Regulation (EC) No 1/2003~~re is clear evidence of irreparable harm to competition; calls for legislative action to lower the burden associated with the use of interim measures for the Commission and for national competition authorities;

Amendment 193 #

Motion for a resolution
Paragraph 14

14. Underlines the importance of adopting interim measures limited in time in the enforcement of competition law, particularly in relation to dynamic and fast- developing markets such as digital markets; therefore supports the Commission in enhancing the use of interim measures under the existing Regulation (EC) No 1/2003; calls for legislative action to lower the burden associated with the use of interim measures for the Commission and for national competition authorities;

Amendment 194 #

René REPASI, Evelyn REGNER, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 14 a (new)

14a. Calls for a market investigation, which should be triggered automatically upon the fulfilment of certain conditions, such as a specific rise in prices, instead of sector inquiries;

Amendment 195 #

Motion for a resolution
Paragraph 15

15. Calls on the Commission to establish a publicly accessible database of all European and national competition law cases, including summaries in English, and to facilitate cooperation between the national and international bodies responsible for ensuring the proper functioning of the market and fair competition;

Amendment 196 #

Motion for a resolution
Paragraph 15

15. Calls on the Commission to establish a publicly accessible database of all European and national competition law cases, including summaries in English; calls on the Commission to promote the exchange of information among national competition authorities, ensuring transparency;

Amendment 197 #

René REPASI, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 15

15. Calls on the Commission to establish a publicly accessible database of all European and national competition law cases, including summaries in English; likewise, calls the Commission to ensure transparency in the exchange of information among the agencies;

Amendment 198 #

Motion for a resolution
Paragraph 15 a (new)

15a. Calls for stronger use of Directive 2014/104/EU to supply consumers with goods and services on the most favourable terms; welcomes the evaluation of the Commission1a which suggests an increase in antitrust damages actions since the Directive has been adopted; calls for further evaluation of the application of the Directive; _________________ 1a Report by the Commission 14 December 2020 https://www.concurrences.com/IMG/pdf/r eport_on_damages_directive_implementat ion- 2.pdf?65180/08a60ce7d9cf2b3c37ecd4ada 8e86fb74526e95cfe3dd9b386cc0d158887b e3f

Amendment 199 #

René REPASI, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 15 b (new)

15b. Underlines the importance of damages for infringements of competition law; considers it necessary to alleviate the burden on injured parties to successfully claim damages by introducing an obligation of the competent competition authority to state the extent of the damages in the public enforcement decision or by introducing a presumption of a minimum amount of damages calculated in relation to the infringement of competition law;

Amendment 2 #

Motion for a resolution
Citation 5 b (new)

— having regard to the Commission revised Guidelines on State aid to promote risk finance investments published on 6 December 2021,

Amendment 20 #

René REPASI, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Recital B a (new)

Ba. whereas competition policy should aim to foster innovation, entrepreneurship and job creation by establishing a legal framework that enables our companies to be stronger both in our internal market and in the international market;

Amendment 200 #

Motion for a resolution
Paragraph 15 c (new)

15c. Deplores the fact that still seven Member States have not yet completed the implementation of Directive (EU) 2019/1 (ECN+ Directive) despite the transposition period having already been expired on 4 February 2021; stresses the important role of national competition authorities in enforcing competition law and in adopting interim measures;

Amendment 201 #

Motion for a resolution
Paragraph 15 a (new)

15a. Points out that the recent study, commissioned by the Commission, on 'the impact of recent developments in digital advertising on privacy, publishers and advertisers' concludes that individuals do not have adequate control over how their personal data is collected and used for digital advertising, points out that the large scale collection for advertising purposes have negative consequences to privacy, security, democracy and the environment, and further entrenches the dominant position of incumbents, to the detriment of traditional media; agrees with the study conclusion that the digital advertising market needs reform; calls upon the Commission to present a legislative proposal to reform of the online advertising market that reduces market dominance and significantly reduce profit margins and enhances consumer control over their personal data;

Amendment 202 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 16

16. Welcomes the creation of a new Commission directorates for the enforcement of the DMA; ~~deplores the Member States’ unwillingness to make available additional financial resources to enable more data-science and technology staff to be hired for the Commission~~highlights the difference by nature between the ex-post enforcement of antitrust rules and the ex- ante enforcement of the DMA; in this respect stresses the importance of keeping the resources for these two instruments within the Commission apart, although coordination between them is essential; deplores the Member States’ unwillingness to make available additional financial resources to enable more data-science and technology staff to be hired for the Commission; urges the Commission to allocate higher budget for the proper implementation and enforcement of this Regulation; welcomes a strong cooperation with the national competition authorities ("NCAs") on the DMA's enforcement;

Amendment 203 #

Motion for a resolution
Paragraph 16

16. Welcomes the creation of a new Commission directorate for the enforcement of the DMA; deplores the Member States’ unwillingness to make available additional financial resources to enable more behavioural economists, algorithms specialists, data-science and technology staff to be hired for the Commission; underlines the need to ensure a swift cooperation with national competent authorities and build on their growing expertise to support the enforcement of the DMA; stresses that the Commission should prioritise resources to enforce provisions of the DMA that can support previous antitrust rulings in cases where the remedies have not been successful;

Amendment 204 #

Motion for a resolution
Paragraph 16

16. Welcomes the creation of a new Commission directorate for the enforcement of the DMA; ~~deplores the Member States’ unwillingness to make available additional financial resources to enable more data-science and technology staff to be hired for the Commission;~~

Amendment 205 #

Stéphanie YON-COURTIN, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 16

Amendment 206 #

Motion for a resolution
Paragraph 16 a (new)

16a. Highlights that the global market for app stores is dominated by two providers, each of which effectively operates as the sole gatekeeper for their customers; notes that app stores can use their position as gatekeepers to impose unfair and anticompetitive conditions on their business users; calls on the Commission to ensure swift and effective enforcement against anti-competitive practices of gatekeeping app stores, in the context of open antitrust cases and of the application of the DMA;

Amendment 207 #

Motion for a resolution
Paragraph 16 a (new)

16a. Points out that even when products or services are supplied for free, consumers may still have to endure unjust behaviour, such as a degradation in quality or extortive practices; calls therefore for the formulation of a 'theory of harm', which should transcend price- centric approaches and account for broader considerations such as the impact on citizens’ privacy;

Amendment 208 #

Stéphanie YON-COURTIN, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 17

17. Stresses that competition law remains relevant to digital markets despite the entry into force of the DMA; considers that violations of privacy rights can constitute abusive practices; emphasises that the DMA offers an opportunity to overcome the difficulties encountered with those antitrust cases -which served as basis for Articles 5 and 6 of the DMA- where, despite strong decisions by the Commission, they still have not led to effective remedies; points out that these cases should be prioritised by the DMA team to provide a solid basis for the application of the DMA and an effective and definitive response to those issues perpetrated over the years;

Amendment 209 #

Motion for a resolution
Paragraph 17

17. Stresses that competition law remains relevant to digital markets despite the entry into force of the DMA; considers that violations of privacy rights can constitute abusive practices; recalls that some undertakings likely to be designated as gatekeepers have been subject to previous antitrust rulings, which have not led to effective behavioural changes; recalls that the enforcement of the Google shopping decision has still not led to a change self-preferencing behaviour and shall not serve as a precedent for the DMA;

Amendment 21 #

Motion for a resolution
Recital B a (new)

Ba. 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;

Amendment 210 #

Motion for a resolution
Paragraph 17

17. Stresses that competition law remains relevant to digital markets despite the entry into force of the DMA; underlines that competition law should make use of the information provided to the Commission under Article 14 of the DMA; considers that violations of privacy rights can constitute abusive practices;

Amendment 211 #

Motion for a resolution
Paragraph 17

17. Stresses that competition law remains relevant to digital markets despite the entry into force of the DMA particularly in antitrust procedures against gatekeepers, which should be sped up; considers that violations of privacy rights can constitute abusive practices;

Amendment 212 #

Motion for a resolution
Paragraph 17

17. Stresses that competition law remains relevant to digital markets despite the entry into force of the DMA; ~~considers that violations of privacy rights can constitute abusive practices;~~

Amendment 213 #

Motion for a resolution
Paragraph 17

17. Stresses that competition law remains relevant to digital markets despite the entry into force of the DMA; ~~considers that violations of privacy rights can constitute abusive practices;~~

Amendment 214 #

Motion for a resolution
Paragraph 17

17. ~~Stress~~Believes that ~~competition law remains relevant to digital markets despite the entry into force of the DMA~~an approach to competition based on consumer welfare is not relevant to digital markets; considers that violations of privacy rights can constitute abusive practices;

Amendment 215 #

Motion for a resolution
Paragraph 17 a (new)

17a. Calls for a swift implementation of the global tax agreement reached by the OECD/G20 Inclusive Framework on BEPS in order to approach a level playing field for businesses worldwide; calls on Member States to go beyond the minimum tax rate of 15% proposed in pillar 2 and adopt higher minimum tax rates to avoid a race to the bottom with harmonisation of the tax rates at 15%; underlines that higher tax rates will help to reach a more ambitious multilateral agreement in the future; deplores that pillar 1 will only target a hundred companies worldwide and is still far from being implemented, even at EU-level;

Amendment 216 #

Motion for a resolution
Paragraph 17 a (new)

17a. Welcomes the Commission’s intention to launch a public consultation on the future of connectivity and infrastructure; in this context believes that the Commission should explore ways on how those private entities that make most use of online traffic - large traffic generators - should be required to add their financial contribution to the already existing public investment aimed at the EU’s digital transition, especially in view of guaranteeing competition in digital markets as well as effective high performance connectivity for all citizens within the EU;

Amendment 217 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 17 a (new)

17a. Reiterates that the Digital Markets Act has a different legal basis in contrast to the competition framework; stipulating EU competition policy has a strong legal basis; encouraging the Commission to use in parallel its executive powers stemming from the competition policy framework and the Digital Markets Act;

Amendment 218 #

Motion for a resolution
Paragraph 17 a (new)

17a. Calls on the Commission to build on existing initiatives to increase collaboration between antitrust and data privacy regulators to both control corporate data misuse and prevent companies from using consumer data to gain an unfair competitive advantage;

Amendment 219 #

Motion for a resolution
Paragraph 17 a (new)

17a. Urges the Commission to take a more active role in promoting cross- border e-commerce and to address barriers to entry and restrictions on the free flow of data in the single market;

Amendment 22 #

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 years of pandemic and war;

Amendment 220 #

Motion for a resolution
Paragraph 17 b (new)

17b. Strongly welcomes mandatory interoperability for messaging services in the Digital Markets Act; calls for extension of interoperability obligations of social media services, online payment services, personal identification systems and other services where market entry is limited by potential gatekeepers;

Amendment 221 #

Motion for a resolution
Paragraph 17 c (new)

17c. Notes that acquisitions of start-ups and SMEs, both failing to meet or meeting the turnover thresholds for mandatory reviews in accordance with the EC Merger Regulation, can lead to competitive advantages on online markets through combination of personal data; calls upon the Commission to introduce personal data and its potential value as an obligatory criterion in the evaluation of merger and acquisition approvals and where relevant look at acquisitions below the EC Merger Regulation's thresholds;

Amendment 222 #

Motion for a resolution
Paragraph 17 d (new)

17d. Points out that Big Tech companies abuse their dominant market position through self-preferencing to create customer lock-ins; notes that these practices increase market dominance and decrease consumer welfare; calls upon the Commission to investigate self- preferences;

Amendment 223 #

Motion for a resolution
Paragraph 17 e (new)

17e. Notes with concern that gatekeepers that develop a data advantage over rivals can achieve critical economies of scale, which contribute to the further tilting of competitive balances in digital markets and stifle innovation;

Amendment 224 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER

Motion for a resolution
Paragraph 17 f (new)

17f. Calls upon the Commission to review its merger and acquisition rules in addressing personal data; stresses that personal data assets should be considered and assessed as other traditional assets when it decides on digital mergers and acquisitions; further stresses that data consolidation through mergers and acquisitions can strengthen a dominant position;

Amendment 225 #

Motion for a resolution
Paragraph 18 a (new)

18a. Welcomes the entry into force of the new tool on foreign subsidies, notes that this new competition and trade defence instrument will ensure fair global competition; notes that it will be of upmost importance to use these new tools in view of EU objectives such as the end of CO2 emissions cars by 2035 and development of electric cars in the internal market;

Amendment 226 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 18 b (new)

18b. Calls on the Commission to ensure a policy framework where all large traffic originators driving traffic growth fairly contribute to the economic sustainability of such networks and the achievement of the 2030 Digital Compass connectivity targets; urges the Commission to address and mitigate persistent asymmetries in bargaining power by developing a legal framework ensuring that “all market actors make a fair and proportionate contribution to the costs of public goods, services and infrastructure” as set out by the European Declaration on Digital Rights and Principles for the Digital Decade;

Amendment 227 #

Motion for a resolution
Paragraph 19

Amendment 228 #

Motion for a resolution
Paragraph 19

19. ~~Welcom~~Notes the presentation by the Commission of draft guidelines for sustainability agreements; underlines the need for a broad understanding of consumer welfare, which should include not only price levels, but also sustainability considerations; considers that similar authorisations should be extended to agreements that improve animal welfare, prevent deforestation, or provide for living wages;

Amendment 229 #

Motion for a resolution
Paragraph 19

~~19. Welcom~~Notes the presentation by the ~~19.~~ Commission of draft guidelines for sustainability agreements; underlines the need for a broad understanding of consumer welfare, which should include not only price levels, but also sustainability considerations; considers that similar authorisations should be extended to agreements that improve animal welfare, prevent deforestation, or provide for living wagto ensure that derogations from standard competition rules are granted only if they create efficiencies significant enough to offset the possible negative effects on restriction of competition; asks the Commission to develop a strategy to assess and evaluate these efficiencies;

Amendment 23 #

Motion for a resolution
Recital B a (new)

Ba. 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 230 #

Stéphanie YON-COURTIN, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 19

19. Welcomes the presentation by the Commission of draft guidelines for sustainability agreements; underlines the need for a broad understanding of consumer welfare, which should include not only price levels, but also sustainability considerations; considers that similar authorisations should be extended to agreements that improve animal welfare, prevent deforestation, or provide for living wages; underlines in this respect that EU competition rules should encourage horizontal coordination in order to improve the environmental and social sustainability of supply chains; points out that the efficiencies generated by such agreements in a relevant market must be sufficient to outweigh any anti- competitive effects they produce in either the same or an unrelated geographical market;

Amendment 231 #

Motion for a resolution
Paragraph 19

Amendment 232 #

René REPASI, Evelyn REGNER, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 19

Amendment 233 #

Motion for a resolution
Paragraph 19

Amendment 234 #

Motion for a resolution
Paragraph 19 a (new)

19a. Strongly supports that the eligible sustainability objectives under the guidelines for sustainability agreements should extend those of the CMO Regulation and decisively incorporate social sustainability considerations such as the payment of living wages or living incomes;

Amendment 235 #

Motion for a resolution
Paragraph 20

20. Is of the opinion that sustainability is not only pursued by derogations from competition law provisions, but also by the application of competition law provisions in order to promote sustainability; calls for the presentation of draft guidelines on abusive practices, in particular with regard to achieving sustainability goals;deleted

Amendment 236 #

René REPASI, Evelyn REGNER, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 20

20. IStresses that supporting the European Green Deal is an objective to be pursued by competition policy; is of the opinion that sustainability is not only pursued by derogations from competition law provisions, but also by the application of competition law provisions in order to promote sustainability; calls for the presentation of draft guidelines on abusive practices, in particular with regard to achieving sustainability goals;

Amendment 237 #

Stéphanie YON-COURTIN, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 20

20. Is of the opinion that sustainability is not only pursued by derogations from competition law provisions, but also by the application of competition law provisions in order to promote sustainability; ~~calls for the presentation of draft guidelines on abusive practices, in particular with regard to achieving sustainability goals;~~

Amendment 238 #

Motion for a resolution
Paragraph 20

20. Is of the opinion that ~~sustainability is not only pursued by derogations from~~ competition law provisions~~, but~~ can also ~~by the application of competition law provisions in order~~contribute to promote sustainability; calls for the presentation of draft guidelines on abusive practices, in particular with regard to achieving sustainability goals;

Amendment 239 #

Motion for a resolution
Paragraph 20

20. Is of the opinion that sustainability is ~~not on~~more effectively pursued not by derogations from competition law provisions, but also by the application of competition law provisions in order to promote sustainability; calls for the presentation of draft guidelines on abusive practices, in particular with regard to achieving sustainability goalsthrough targeted enforcement by competition authorities addressing anticompetitive practices that lead to unsustainable behaviour;

Amendment 24 #

Motion for a resolution
Recital B a (new)

Ba. whereas international collaboration and cooperation are vital to attaining a global and viable level playing field and realising the twin transitions;

Amendment 240 #

Motion for a resolution
Paragraph 20 a (new)

20a. Notes that when it comes to State aid notification assessment for Important Projects of Common European Interest (IPCEI), the pre-notification and notification process may take several months, sometimes over a year; believes that the time required for the IPCEI process must be reduced significantly with an established time-limit and likewise, the process allowing SMEs to participate in such projects should be made easier; in this context calls for Commission guidance on how to address ‘First Industrial Deployment’ projects through the General Block Exemption Regulation in order to reduce the pressure on the IPCEI procedure;

Amendment 241 #

Motion for a resolution
Paragraph 20 a (new)

20a. 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 242 #

Motion for a resolution
Paragraph 20 a (new)

20a. Is of the opinion that the economic sustainability of telecom networks is essential to achieve the 2030 Digital Compass connectivity targets; calls for the establishment of a policy framework where large traffic generators fairly contribute to the adequate funding of telecom networks, and where telecom providers receive a fair compensation for the delivery of traffic to end-customers;

Amendment 243 #

René REPASI, Paul TANG, Jonás FERNÁNDEZ

Motion for a resolution
Paragraph 20 a (new)

20a. Calls on the Commission to review its competition policy guidelines in order to consider the consolidation at the EU level as an option for the European telecom companies to compete effectively and continue to invest in infrastructure, particularly Gigabit networks, for the benefit of the EU single market;

Amendment 244 #

Motion for a resolution
Paragraph 20 a (new)

20a. Acknowledges that central bank digital currencies have the potential to challenge the concentration of economic power by large banks and remove the privileged access to central bank money of private banks; calls on the European Central Bank to explore this potential;

Amendment 245 #

Motion for a resolution
Paragraph 20 a (new)

20a. Stresses that it is crucial for Europe´s competitiveness that both ability and incentives to invest in future digital infrastructure are strengthened to modernise infrastructures, drive innovation and foster inclusive and sustainable digitisation of society and businesses;

Amendment 246 #

Motion for a resolution
Paragraph 20 a (new)

20a. Deplores that several recent Commission decisions in high-profile competition cases 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 247 #

Motion for a resolution
Paragraph 20 a (new)

20a. Highlights that a competition policy aimed at ensuring a level playing field in all sectors is crucial for guaranteeing the proper functioning of the single market;

Amendment 248 #

Motion for a resolution
Paragraph 20 b (new)

20b. Underlines that in the aftermath of the financial crisis (2008 -2009), aid of more than one trillion EUR was granted to the banking sector in the form of credit guarantees and capital injections accounting together with other measures (including impaired asset schemes and liquidity measures) for nearly 12% of the EU GDP; is concerned by the conclusion of the ECA that in the years after the financial crisis, the EU banking sector remained an important beneficiary of State aid, despite the EU’s proclaimed intentions to prevent bank bailouts (in the period from 2010 to 2018 EUR 716 billion and EUR 1,763 trillion aid was approved by the Commission in the form of capital and liquidity aid instruments respectively);

Amendment 249 #

René REPASI, Evelyn REGNER, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 20 b (new)

20b. Regrets that the concentration in the market for credit rating agencies continues to deepen with S&P Global's market share being over 50% and the three largest agencies holding over 90% of the market according to the ESMA report on CRA Market Share of December 2022; concludes that existing measures to enhance competition in this market are insufficient; calls for the creation of a European public credit rating agency as an impartial and trusted alternative to existing agencies;

Amendment 25 #

Fabio Massimo CASTALDO

Motion for a resolution
Recital B a (new)

Ba. whereas competition policy should go hand in hand with developments in industrial policy and economic governance framework;

Amendment 250 #

Motion for a resolution
Paragraph 20 b (new)

20b. Notes with concern that annulment of fines as well as retroactive payment of default interest in annulled cases also poses a budgetary risk for the Union;

Amendment 251 #

Motion for a resolution
Paragraph 20 c (new)

20c. Points to the discrepancies and arbitrage opportunities between the rules on State aid and the resolution regime under the Bank Recovery and Resolution Directive (BRRD); urges the Commission, to reconsider its interpretation of the relevant State aid rules in a manner consistent with the BRRD and to revise its long overdue 2013 Banking Communication, including the area of liquidation aid;

Amendment 252 #

Motion for a resolution
Paragraph 20 c (new)

20c. 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 better exchange of information between competition authorities;

Amendment 253 #

Motion for a resolution
Paragraph 20 d (new)

20d. Reiterates its request for the Commission to examine whether banking institutions have, since the onset of the crisis, benefited from implicit subsidies and State aid through the provision of liquidity support from central banks; recalls the commitment made by Commissioner Vestager to reflect on possible distortions of competition arising from the ECB’s Corporate Sector Purchase Programme and to report back with a qualitative answer;

Amendment 254 #

Motion for a resolution
Paragraph 21

21. ~~Deplores the distortive effects of aggressive tax planning on fair competition; calls for companies that use third-country tax havens to be excluded from receiving~~Takes note of the past EU efforts implementing international actions addressing base erosion and profit shifting (BEPS); takes note, in this regard, of the distortive effects of BEPS planning on fair competition; welcomes the Commission's recommendation of 14 July 2020 in not granting financial support to companies with links to tax havens and to protect honest taxpayers at the same time; calls on the Commission, in this regard, to inform Parliament about the implementation of the recommendations by Member States aidnd whether further legal initiatives seem necessary;

Amendment 255 #

Motion for a resolution
Paragraph 21

21. Deplores the distortive effects of ~~aggressive tax planning~~tax practices contrary to the principle onf fair competition; calls for ~~companies that use third-country tax havens to be excluded from receiving State aid~~investigations to be conducted into those who benefit from tax havens while also receiving state aid and for measures to be taken against them; takes the view that measures should be taken to reduce the distortive effects that foreign subsidies are having on companies operating in the European single market;

Amendment 256 #

Motion for a resolution
Paragraph 21

21. Deplores the distortive effects of aggressive tax planning on fair competition; ~~calls for companies that use~~welcomes the European Commission's vigilance in enforcing State aid rules in the area of taxation; calls for companies that engage in tax avoidance using third-country tax havens to be excluded from receiving State aid;

Amendment 257 #

Motion for a resolution
Paragraph 21

21. Deplores the distortive effects ofn fair competition that result from aggressive tax planning ~~on fair competition~~practices; calls for companies that ~~use~~have been proven to use tax avoidance mechanisms through legal schemes in third- countr~~y tax haven~~ies on the EU list of non-cooperative jurisdictions for tax purposes to be excluded from receiving State aid;

Amendment 258 #

René REPASI, Evelyn REGNER, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 21

21. Deplores the distortive effects of aggressive tax planning on fair competition; calls for companies that use third-country tax havens to be excluded from receiving State aid, as these companies are competing under unfair conditions with companies established in non-tax havens;

Amendment 259 #

Motion for a resolution
Paragraph 21

21. ~~Deplores the distortive effects of aggressive tax planning on fair competition; c~~Calls for companies that use third- country tax havens to be excluded from receiving State aid;

Amendment 26 #

Motion for a resolution
Recital B b (new)

Bb. whereas the institutions must ensure the proper functioning of competition policy in the internal market because of its impact on the economic interests of businesses and citizens;

Amendment 260 #

Motion for a resolution
Paragraph 21

21. Deplores the distortive effects of aggressive tax planning on fair competition; calls for companies that use third-country tax havens to be ~~exclud~~banned from receiving State aid;

Amendment 261 #

Motion for a resolution
Paragraph 21 a (new)

21a. Recalls the negative correlation between subsidies and productivity within companies; calls for attention to be paid to recovery and resilience plans so that they take account of the involvement of the private sector, in particular of SMEs; stresses that the measures taken to alleviate the economic and social effects of the pandemic need to be phased out for the economy to return to its normal state of functioning; stresses the extraordinary nature of these measures, which should also mean that they not to be permanent fixtures;

Amendment 262 #

Motion for a resolution
Paragraph 21 a (new)

21a. Reiterates that taxation is sometimes used to grant indirect State aid, creating an uneven playing field in the internal market; calls on 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 263 #

Motion for a resolution
Paragraph 21 a (new)

21a. Notes that good use of tax benefits, such as exemptions or relief, provided that they are in line with European legislation on competition policy, is positive for promoting the integrity of the internal market and for defending free, effective and real competition; understands, however, the need for competent supervision of their use by Member States, with due regard for the competences set out in the Treaties;

Amendment 264 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 21 a (new)

21a. Enquires whether the Commission’s Directorate-General for Competition has the needed staff to comply in a timely manner with the cases that fall under its jurisdiction; concurrently, asks for a clearer and more structured division of roles within the Directorate-General, especially when it comes to defined positions between those drafting the rules, those enforcing them, and those taking key decisions on the basis of the same rules;

Amendment 265 #

Motion for a resolution
Paragraph 21 a (new)

21a. Underlines the importance of the Important Projects of common European Interest (IPCEI) to finance large transnational projects and achieve EU strategic priorities but deplores the processing time required to set them up, calls on the Commission to reform and streamline the notification system so that any notification is completed within six months at the latest;

Amendment 266 #

Motion for a resolution
Paragraph 21 a (new)

21a. Calls on the Commission to reassess its State aid framework in line with the Inflation Reduction Act, while promoting the level playing field of the internal market and the fiscal sustainability of Member States. In particular, the Commission shall ease and streamline procedures which are currently too long to deliver timely results to the European industry;

Amendment 267 #

Motion for a resolution
Paragraph 21 a (new)

21a. Recalls the European Parliaments call on the Commission to develop explicit measures to exclude corporations using tax havens and apply aggressive tax planning strategies as well as aggressive tax planning enablers and facilitators from public procurement procedures;

Amendment 268 #

Motion for a resolution
Paragraph 21 a (new)

21a. Stresses that public investment that creates public ownership and public control over strategic company decisions as closures, production reductions or relocations are to be prioritised over the use of subsidies;

Amendment 269 #

Motion for a resolution
Paragraph 21 a (new)

21a. Underlines that the European Union’s State aid and competition rules should be simplified and allow flexibility in strategic sectors in order to achieve the Union’s strategic objectives;

Amendment 27 #

Motion for a resolution
Recital B b (new)

Bb. whereas European dependencies on third countries and global powers in areas such as energy, medicines, technology or raw materials create vulnerabilities and may reduce the European Union´s ability to act;

Amendment 270 #

Motion for a resolution
Paragraph 21 b (new)

21b. Regrets the outcome of, among others, the Fiat, McDonalds, Apple, Starbucks and Ikea State aid cases; concurrently, points out that the principle taxation as illegal State aid still stands in the Treaty on the Functioning of the European Union (TFEU); stresses that Member State use selective advantages in national tax systems to attract companies; concludes and deplores the distortive effects that tax systems of certain EU Member States have on fair competition within the Union; calls upon the Commission to keep pursuing the issue of illegal State aid through taxation;

Amendment 271 #

Motion for a resolution
Paragraph 21 b (new)

21b. Stresses that State aid should not amount to a transfer of public wealth to private shareholders; calls for a ban on the distribution of dividends to shareholders and bonuses to upper management in companies receiving State aid;

Amendment 272 #

Motion for a resolution
Paragraph 21 b (new)

21b. 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 273 #

Motion for a resolution
Paragraph 21 c (new)

21c. Stresses that the purpose of State aid is not to serve the private interests of companies but to support and guide sustainable industrial development in the public interest; calls on Member States and the Union to provide and allow for State aid only under the condition that consultation and veto rights are granted to workers and local authorities in strategic company decisions, especially regarding mergers and relocations; calls on Member States to attach social conditionalities to the provision of State aid with the objective of fostering good working conditions and pay, labour participation and collective bargaining rights and the maintenance and creation of new jobs and apprenticeships;

Amendment 274 #

Motion for a resolution
Paragraph 21 c (new)

21c. Calls for the reinforcement of a conducive framework by phasing out tax exemptions and subsidies for fossil fuels no later than 2025, by preventing investment in new infrastructure incompatible with the Paris agreement and in particular investment in any new fossil fuel infrastructure, and by tightening regulatory framework on GHG emissions via regulatory standards, bans and market mechanisms towards climate- neutrality by 2040 at the latest; calls on the Council to finally agree on the needed revision of the Energy Taxation Directive; highlights Member States’ subsidies for fossil fuels amount to over EUR 55 billion per year;

Amendment 275 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER, Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 21 d (new)

21d. Calls on Member States to attach environmental conditionalities to the provision of State aid with the objective of promoting a zero-emissions and zero- waste economy as well as the conservation of biodiversity;

Amendment 276 #

Motion for a resolution
Paragraph 22

22. Stresses that Parliament should ~~be adequately involved~~play an active role in shaping competition policy; ~~considers that more frequent use should be made of Parliament’s right to intervene in judicial proceedings concerning competition law~~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; calls on the Commission to enter into negotiations for an interinstitutional agreement on competition policy;

Amendment 277 #

Motion for a resolution
Paragraph 22

22. Stresses that Parliament should be adequately involved in shaping competition policy; considers that more frequent use should be made of Parliament’s right to intervene in judicial proceedings concerning competition law; calls on the Commission to enter into negotiations for an interinstitutional agreement on competition policy;

Amendment 278 #

Motion for a resolution
Paragraph 22

Amendment 279 #

Motion for a resolution
Paragraph 22

Amendment 28 #

Motion for a resolution
Recital B b (new)

Bb. whereas the current geopolitical challenges demonstrate that it is crucial to reduce the European Union’s dependency on third countries for Critical Raw Materials, products and technology;

Amendment 280 #

Motion for a resolution
Paragraph 22

22. Stresses that Parliament should be adequately involved in shaping competition policy; ~~considers that more frequent use should be made of Parliament’s right to intervene in judicial proceedings concerning competition law;~~ calls on the Commission to enter into negotiations for an interinstitutional agreement on competition policy;

Amendment 281 #

Motion for a resolution
Paragraph 22

22. Stresses that Parliament should be adequately involved in shaping competition policy~~; considers that more frequent use should be made of Parliament’s right to intervene in judicial proceedings concerning competition law~~, in both the legislative dimension and in scrutinising the Commission’s action; calls on the Commission to enter into negotiations for an interinstitutional agreement on competition policy;

Amendment 282 #

René REPASI, Evelyn REGNER, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 22 a (new)

22a. Calls on the European Council to adopt a decision under Article 48(7)(2) TEU allowing for the adoption of legislative acts in the area of competition policy in accordance with the ordinary legislative procedure;

Amendment 283 #

Motion for a resolution
Paragraph 22 a (new)

22a. Calls for the ordinary legislative procedure to be fully extended to cover competition policy legislation;

Amendment 29 #

René REPASI, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Recital B b (new)

Bb. whereas energy commodity prices have reached unprecedented high levels in Europe and continue to be the source of economic instability in the Union;

Amendment 3 #

Motion for a resolution
Citation 16 a (new)

— having regard to the Commission Guidelines of 29 September 2022 on the application of EU competition law to collective agreements,

Amendment 30 #

Motion for a resolution
Recital B c (new)

Bc. whereas the European Commission must develop the requisite instruments to act impartially and objectively in order to preserve the credibility of EU competition policy, adopting the digital measures that will enable it to respond in a more agile and resilient manner so as to establish a more appropriate framework that is better suited to the new challenges that arise;

Amendment 31 #

Motion for a resolution
Recital B c (new)

Bc. whereas the COVID-19 pandemic, the current energy crisis and the Russian aggression against Ukraine have tested the resilience of economies worldwide and exacerbated the relevance of resilience as a critical feature of competitiveness beyond a mere understanding of competitiveness in terms of price and cost;

Amendment 32 #

Motion for a resolution
Paragraph 1

1. Considers that EU competition policy should protects market structures against concentrations and accumulations of market power~~, just as it advances consumer welfare~~ that are harmful to both State sovereignty and democracy;

Amendment 33 #

Motion for a resolution
Paragraph 1

1. Considers that EU competition policy protects market structures against concentrations and accumulations of market power, just as it advances consumer welfare by fostering innovation, keeping prices down and increasing consumer choice;

Amendment 34 #

Motion for a resolution
Paragraph 1

1. Considers that EU competition policy protects market structures against concentrations and accumulations of market power, just as it advances consumer ~~welfare~~and general welfare and helps pursuing the twin transition;

Amendment 35 #

Motion for a resolution
Paragraph 1

1. Considers that EU competition policy protects market structures against concentrations and accumulations of market power, just as it advances efficient market structures and consumer welfare;

Amendment 36 #

Motion for a resolution
Paragraph 1

1. Considers that EU competition policy protects market structures against ~~concentration~~anticompetitive behaviours and accumulations of market power, just as it advances consumer welfare;

Amendment 37 #

Motion for a resolution
Paragraph 1

1. Considers that EU competition policy ~~protects market structures against~~ should dissolve concentrations and accumulations of market power~~, just as it advances~~ and promote workers' welfare, consumers' welfare and sustainability;

Amendment 38 #

Motion for a resolution
Paragraph 1

1. Considers that EU competition policy protects efficient market structures against concentrations and accumulations of market power, just as it advances consumer welfare;

Amendment 39 #

René REPASI, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 1

1. Considers that EU competition policy ~~protects market structures against concentrations and accumulations of~~must safeguard the integrity and resilience of the single market, p~~ower, just as it advances consumer welfare~~rotecting its consumers by fostering the market economy;

Amendment 4 #

Motion for a resolution
Citation 16 b (new)

— having regard to the European Securities and Markets Authority (ESMA), "Report on CRA Market Share Calculation" of 15 December 2022,

Amendment 40 #

1a. Considers that the treaty-based competition rules must be interpreted in the light of the wider European values underpinning the Union’s social market economy, notably environmental and social protection, equality considerations, consumer protection and public health, as mandated by Article 7 TFEU; takes the view, therefore, that activities which cause negative social and environmental externalities create market distortions that need to be addressed by means of competition law while, conversely, activities which bring social or environmental benefits should be explicitly taken into account when assessing treaty-based competition provisions;

Amendment 41 #

Motion for a resolution
Paragraph 1 a (new)

1a. Stresses that sustainable economic growth requires efficient market and limited government intervention in the economy and the need for EU competition policy to promote free and fair competition, rather than protecting particular market structures or industries;

Amendment 42 #

René REPASI, Evelyn REGNER, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 1 a (new)

1a. Emphasises that the global strength and importance of the EU single market derives from its internal competitiveness and equalised level- playing field;

Amendment 43 #

Motion for a resolution
Paragraph 2

~~2. Reiterates that competition policy cannot be pursued in isolation, as an end in itself, without reference to the legal, economic, political and social context;~~deleted

Amendment 44 #

Motion for a resolution
Paragraph 2

~~2. Reiterates that competition policy cannot be pursued in isolation, as an end in itself, without reference to the legal, economic, political and social context;~~deleted

Amendment 45 #

René REPASI, Evelyn REGNER, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 2

2. Reiterates that competition policy cannot be pursued in isolation, as an end in itself, without reference to the legal, economic, political and social context; and that it is committed to achieving the Union’s objectives as enshrined in Article 3 TEU such as full employment and social progress, a high level of protection and improvement of the quality of the environment, and the promotion of scientific and technological advancement;

Amendment 46 #

Motion for a resolution
Paragraph 2

2. Reiterates that competition policy cannot be pursued in isolation, as an end in itself, without reference to the legal, economic, political and social context; doubts, therefore, its usefulness given that the European Union is against any kind of protectionism, which amounts to imposing constraints on companies in the Union that do not apply to the rest of the world;

Amendment 47 #

Motion for a resolution
Paragraph 2

2. Reiterates that competition policy cannot be pursued in isolation, as an end in itself, not only without reference to the legal, economic, political and social context but also without interaction and complementarity with the other strategic EU policies objectives;

Amendment 48 #

Motion for a resolution
Paragraph 2

2. Reiterates that competition policy ~~cannot be pursued in isolation,~~is a tool for promoting efficient use of resources and protection of the freedom of economic action of various market participants, and not as an end in itself, without reference to the legal, economic, political and social context;

Amendment 49 #

Motion for a resolution
Paragraph 2

2. Reiterates that competition policy cannot be pursued in isolation, as an end in itself, without reference either to the legal, economic, political and social context, or to the new competitive dynamics of the markets;

Amendment 5 #

Motion for a resolution
Citation 23 a (new)

— having regard to the Competition State aid Brief, Issue 1/20221a, _________________ 1a Competition State aid brief. Issue 1/2022 – February 2022 https://op.europa.eu/en/publication- detail/-/publication/e77c8009-9460-11ec- b4e4-01aa75ed71a1

Amendment 50 #

Motion for a resolution
Paragraph 2

2. Reiterates that competition policy cannot be pursued in isolation, as an end in itself, without reference to the legal, economic, political and social context, as well as new competitive market dynamics;

Amendment 51 #

Motion for a resolution
Paragraph 2

2. Reiterates that competition policy cannot be pursued in isolation, as an end in itself, without reference to the legal, international, economic, political and social context;

Amendment 52 #

2. Reiterates that competition policy cannot be pursued in isolation, as an end in itself, without reference to the legal, economic, political, environmental and social context;

Amendment 53 #

Motion for a resolution
Paragraph 2

2. Reiterates that competition policy cannot be pursued in isolation, as an end in itself, without reference to the legal, economic, political, social and ~~soci~~global context;

Amendment 54 #

Motion for a resolution
Paragraph 2 a (new)

2a. Calls on the Commission to ensure that a regulatory framework is fit to respond to technological developments and to the Europe digital connectivity objectives by making sure that funding for critical infrastructures is adequate and effective without jeopardising competition rules;

Amendment 55 #

Motion for a resolution
Paragraph 2 a (new)

2a. Highlights that excessive tax burdens may stifle innovation and jeopardise the contestability of markets;

Amendment 56 #

Enikő GYŐRI

Motion for a resolution
Paragraph 3

~~3. Welcomes the General Court’s judgment in Sped-Pro (Case T-791/19), which confirms that the protection of the rule of law is a relevant factor for competition law;~~deleted

Amendment 57 #

Motion for a resolution
Paragraph 3 a (new)

3a. Highlights that small and medium- sized enterprises (SMEs) are the backbone of the European economy, representing 99.8% of all businesses and non-financial enterprises 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 58 #

René REPASI, Evelyn REGNER, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 3 a (new)

3a. Takes note of the draft Commission Notice on the definition of the relevant market for the purposes of Union competition law; welcomes the Commission’s clarification in this draft to not only rely on a product’s price when defining the relevant market but also the level of innovation; considers innovation competition as an essential element for the determination of the relevant market; underlines the need for including a behavioural analysis of consumer behaviour when defining the relevant product market;

Amendment 59 #

Motion for a resolution
Paragraph 3 a (new)

3a. Notes that the three largest credit rating agencies hold a market share of over 90%1a; regrets the continued high degree of market concentration for credit rating agencies; concludes that existing measures to enhance competition in this market are insufficient; calls for the creation of a European public credit rating agency as an impartial and trusted alternative to existing agencies; _________________ 1a https://www.esma.europa.eu/sites/default/f iles/library/esma80-416- 1564_report_on_cra_market_share_calcu lation_2022.pdf

Amendment 6 #

Motion for a resolution
Recital -A (new)

-A. whereas EU competition policy is designed to maintain an open market economy with free, fair and effective competition favouring an efficient allocation of resources;

Amendment 60 #

Motion for a resolution
Paragraph 3 a (new)

3a. Believes that proposals for a European Critical Raw Materials Act, a Net Zero Industry Act, and the revision of the EU’s internal electricity market offer an opportunity to level the playing field for European industry’s competitiveness vis-a-vis global competitors; calls on the Commission to take this opportunity to balance the EU’s climate ambitions with a broader industrial strategy;

Amendment 61 #

Motion for a resolution
Paragraph 3 a (new)

3a. Welcomes the forthcoming adoption of the new Market Definition Notice scheduled for Q3 2023; in particular appreciates all the new elements that contribute to address key market definition issues of some the fast- moving sectors such as the digital one;

Amendment 62 #

Motion for a resolution
Paragraph 3 b (new)

3b. Reiterates that Critical Raw Materials are vital to delivering the twin transition and retaining Europe’s industrial base; emphasises the role that recycling can play in securing our supply of Critical Raw Materials, both through the encouragement of smart design and the processing of a greater proportion of our waste streams within the internal market; notes that the EU’s high environmental standards should allow for the EU to fully utilise its own domestic sources of critical raw materials in a sustainable manner; strongly believes that strategic European projects need faster and more transparent permitting processes, new funding streams, and a consistent policy framework; reiterates that increased Union capabilities can complement and strengthen the Union’s trade policy and ambitions to forge new partnerships with third countries for critical raw material supplies; welcomes the Commission’s aim to better support third countries in their efforts to develop domestic value chains;

Amendment 63 #

Motion for a resolution
Paragraph 3 b (new)

3b. Points out that the audit market is one of the most concentrated markets in the Union, where the Big Four firms have a market share of over 90%; recalls that the high degree of market concentration in the audit market is a long acknowledged threat to financial market stability; recalls Commissioner McGuinness' commitment to reform the rules for auditors and the intention to present a legislative proposal at the end of 2022; notes that such legislative proposal is not presented; calls upon the Commission to present a legislative proposal on audit market reform which strengthens the supervision regime, addresses loopholes and Member State exceptions and introduces rules to avoid conflicts of interests; urges the Commission to take measures to avoid closeness between public institutions and audit firms, including its own operations;

Amendment 64 #

3c. Welcomes the Commission’s acknowledgement that high energy prices are undermining European industrial competitiveness; reminds the Commission of the depth of this challenge, noting that some industries in Europe are currently operating at only 50% capacity as a result of the recent rise in energy prices; emphasises that energy costs, relative to those in other parts of the world, have been one of the key factors negatively impacting the ability of European industry to compete on the global market;

Amendment 65 #

Motion for a resolution
Paragraph 1 d (new)

1d. Welcomes the decision by Ernst & Young to separate its audit and advisory businesses; regrets that the other Big Four firms fail to follow suit; notes that the combination of audit and advisory business can lead to conflicts of interest and can enhance the market dominance of the Big Four firms; calls upon the Commission to investigate the audit and advisory business combination and possibly present measures to prevent conflicts of interest and market dominance;

Amendment 66 #

Motion for a resolution
Paragraph 3 d (new)

3d. Welcomes commitments by the Commission to examine possibilities for redesigning the EU’s internal electricity market in a way that would decouple the dominant influence of gas on the price of electricity; encourages the Commission to incentivise the uptake of Power Purchase Agreements (PPAs); calls on the Commission to consider new approaches to PPAs, including aggregation models, which would be designed to help energy- intensive industries reduce firming and profiling costs associated with renewable energy supply; believes that aggregation models of this kind can help to de-risk private investment in the renewable energy sector and contribute towards the Green Deal;

Amendment 67 #

Motion for a resolution
Paragraph 3 e (new)

3e. Notes that Union competition policy must respond to global trends and take into account its effects on European companies ability to compete in global markets; notes that the share of European companies by top market capitalisation in the world has drastically reduced since the year 2000;

Amendment 68 #

Motion for a resolution
Paragraph 3 e (new)

3e. Strongly believes that Europe’s industrial strategy should provide for Europe’s existing industrial base, as well as clean-tech sectors that will provide jobs and prosperity in the decades ahead;

Amendment 69 #

Motion for a resolution
Paragraph 3 f (new)

3f. Strongly believes that an ambitious global free trade agenda is of paramount importance for the EU’s competitiveness; notes that 38 million jobs in the EU are supported by EU exports; calls for the swift conclusion of Free Trade Agreements with New Zealand, Chile, Australia, Mexico, Mercosur and other partners;

Amendment 7 #

Motion for a resolution
Recital A a (new)

Aa. whereas competition policies are based on the need for the State, democracy, citizens, workers and the self- employed to protect themselves from the consequences of an excessively high concentration of ownership of the production sector that would harm the exercise of both political and economic freedoms;

Amendment 70 #

Motion for a resolution
Paragraph 3 g (new)

3g. Welcomes the continuation of the EU-US Trade and Technology Council (TTC); recognises that sustained dialogue and cooperation with our like-minded partners can contribute to the effectiveness of competition policy;

Amendment 71 #

Motion for a resolution
Paragraph 3 h (new)

3h. Emphasises the important role of national supervisory and competition authorities in enforcing EU competition rules; stresses the need and importance of the independence of the national authorities whilst reiterating the increasing need to ensure more cooperation and sharing of best practices between the national authorities;

Amendment 72 #

Motion for a resolution
Paragraph 3 i (new)

3i. Welcomes the implementation of the Foreign Subsidies Regulation; highlights the importance of combatting distortive effects on the single market and the need to level the playing field for European companies; underlines that all companies operating in the EU’s single market must abide by State aid rules;

Amendment 73 #

Motion for a resolution
Paragraph 3 j (new)

3j. Highlights that European industry is part of an export-orientated economy; recalls the importance of the EU’s competition policy in enabling European companies to compete internationally;

Amendment 74 #

Motion for a resolution
Paragraph 3 k (new)

3k. Calls on the Commission to create an attractive innovation environment for European companies through eliminating administrative obstacles;

Amendment 75 #

Motion for a resolution
Paragraph 3 l (new)

3l. Stresses that a robust competition policy is crucial for a level playing field, particularly for SMEs, which will lead to job creation, growth, competitiveness, entrepreneurship and innovation in the single market; points out that a robust competition policy will improve the resilience of the European Union’s single market;

Amendment 76 #

Motion for a resolution
Subheading 2

~~Policy response to~~EU and Member States’ policy response to the COVID-19 pandemic, the war in Ukraine and the Inflation Reduction Act

Amendment 77 #

Motion for a resolution
Paragraph 4

4. Welcomes the quick adoption of the Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia, and the subsequent prolongations thereof; invites the Commission to apply the requisite flexibility to enable Member States to support the companies and sectors affected by Russia’s invasion of Ukraine and the resulting sanctions;

Amendment 78 #

Motion for a resolution
Paragraph 4

4. Welcomes the quick adoption of the Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia, and the subsequent prolongations thereof; asks the Commission to consider including also the exceptional surge in prices of raw materials and transport costs as well as to increase the aid thresholds in line with the economic needs of the different EU regions and rising inflation;

Amendment 79 #

Motion for a resolution
Paragraph 4

4. Welcomes the quick adoption of the Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia, and the subsequent prolongations thereof; calls on the Commission to ensure that these temporary State aid measures are limited in scope, duration and amount, and do not create permanent distortions in the internal market;

Amendment 8 #

Motion for a resolution
Recital A a (new)

Aa. whereas strict and impartial enforcement of EU competition rules by independent competition authorities can make a significant contribution to key political priorities;

Amendment 80 #

Motion for a resolution
Paragraph 4

4. Welcomes the quick adoption of the Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia, and the subsequent prolongations thereof; notes the Commission's announcement to transform this into a Temporary Crisis and Transition Framework, by enlarging its scope to support all possible renewable sources of energy;

Amendment 81 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER

Motion for a resolution
Paragraph 4

4. Welcomes the quick adoption of the Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia, and the subsequent prolongations thereof; stresses the importance to coordinate the actions under the Temporary Crisis Frameworks put in place over the last three years;

Amendment 82 #

Eva Maria POPTCHEVA

Motion for a resolution
Paragraph 4 a (new)

4a. Takes note of the Commission’s preparatory work on a Temporary Crisis and Transition Framework as part of the Green Deal Industrial Plan for the Net- Zero Age; calls on the Commission to introduce strict cross-border criteria for the approval of State aid under this framework; believes that the ceiling and intensity of aid approved for a given project should be proportional to the amount of companies from different Member States involved in the value chain; considers that national subsidies should have EU added value and promote industrial cooperation between companies from different Member States;

Amendment 83 #

Motion for a resolution
Paragraph 4 a (new)

4a. Welcomes the Commission's preparatory work on a Temporary Crisis and Transition Framework to boost investments in renewable energies and decarbonisation of the industry; stresses that any flexibility should be targeted, temporary, proportionate and consistent with EU policy objectives; welcomes the revision of the General Block Exemption Regulation to enable Member States to invest more in key sectors for the transition to a net-zero economy such as low-carbon hydrogen, R&D but also in accompanying measures to facilitate the digital transition for all sectors;

Amendment 84 #

Motion for a resolution
Paragraph 4 a (new)

4a. Notes that insular regions of the EU are facing an increased cost in doing business as well as to assure the necessary delivery of goods and services, due to major factors including the disruption of global and regional supply chains, higher transport costs, limited transport options, as well as a small market size; calls in this context higher thresholds of State aid;

Amendment 85 #

Motion for a resolution
Paragraph 4 b (new)

4b. 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 as well as islands in the Union;

Amendment 86 #

Motion for a resolution
Paragraph 5

Amendment 87 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the US Inflation Reduction Act; understands the need for additional publicUnderstands the need for additional public investments in order to respond to ongoing specific global shocks and a global trend towards increased state funded industrial policy; calls on the Commission to safeguard the integrity of the internal market in doing so, however, and reminds the Commission of the risks that excessive relaxation of State aid rules can pose to the functioning of the internal market; calls on the Commission to pay particular attention to the differing levels of fiscal space available to Member States; considers the use of European investment~~s; c~~ funds alongside~~rs the introduction of dedicated permanent, if necessary debt-financed, European investment funds to be a better policy response;~~ changes to State aid rules to offer a means of avoiding such risks; believes that expanding the scope of the Recovery and Resilience Facility could be part of the solution;

Amendment 88 #

Motion for a resolution
Paragraph 5

Amendment 89 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in responfor an active approach to industrial policy by Member States and the Union underpinned by large-scale public investment to fight social and regional inequality, decarbonise industry and bolster autonomy in key economic se cto ~~the US Inflation Reduction Act; understands the need for additional public investments; considers~~rs, while contributing globally to even and sustainable economic development; calls for a coordinated flexibilisation of State aid rules and the introduction of a dedicated permanent~~, if necessary debt-financed, European investment funds to be a better policy response~~ European solidarity funds to counterbalance uneven industrial support and development across Member States; calls for the promotion of public ownership and public veto powers in strategically important economic sectors to protect public interests;

Amendment 9 #

Motion for a resolution
Recital B

~~B. whereas competition policy should aim to support the European Green Deal;~~deleted

Amendment 90 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission to safeguard the integrity of the internal market and a level playing field; is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the US Inflation Reduction Act; understands the need for additional public investments; considers the introduction of dedicated permanent, if necessary debt-financed, European investment funds to be a better policy response; considers that any flexibilisation of the State aid framework should be applied only to European funds;

Amendment 91 #

René REPASI, Paul TANG, Jonás FERNÁNDEZ, Margarida MARQUES

Motion for a resolution
Paragraph 5

5. CWhile noting that in response to European submissions about the US Inflation Reduction Act, American high representatives have retorted that the EU could apply measures similar to those being introduced in the US; calls on the Commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the US Inflation Reduction Act; understands the need for additional public investments; considers the introduction of dedicated permanent, if necessary debt-financed, European investment funds to be a better policy response;

Amendment 92 #

Motion for a resolution
Paragraph 5

Amendment 93 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission to safeguard the integrity of the internal market and is ~~deeply~~ concerned about the risk of increasing fragmentation within the internal market due to ~~excessive~~an insufficiently targeted use of subsidies in response to the US Inflation Reduction Act; ~~understands the need for additional public investments; considers the introduction of dedicated permanent, if necessary debt-financed, European investment funds to be a better policy response;~~

Amendment 94 #

Motion for a resolution
Paragraph 5

Amendment 95 #

Motion for a resolution
Paragraph 5

Amendment 96 #

Fabio Massimo CASTALDO

Motion for a resolution
Paragraph 5

Amendment 97 #

Stéphanie YON-COURTIN, Dragoş PÎSLARU, Olivier CHASTEL, Gilles BOYER

Motion for a resolution
Paragraph 5

5. Calls on the Commission to safeguard the integrity of the internal market and a level playing field and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the US Inflation Reduction Act; understands the need for additional public investments; considers the introduction of dedicated permanent, if necessary debt-financed, European investment funds to be a better policy response;

Amendment 98 #

Motion for a resolution
Paragraph 5

5. Calls on the Commission to safeguard the integrity of the internal market and a level playing field and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the US Inflation Reduction Act; understands the need ~~for additional public investments; considers the introduction of dedicated permanent, if necessary debt-financed, European investment funds to be a better policy response~~to give faster access to sufficient funding using private funding, State aid, EU funds and a new European Sovereignty Fund which could support the European industrial strategy;

Amendment 99 #