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OJ C, 23.1.2024

EN

D. whereas international collaboration and cooperation are vital to attaining a viable global level playing field and bringing about the green and digital transitions; 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 Unions ability to act;

General considerations
1.
Considers that EU competition policy protects market structures against anti-competitive behaviour, cartels and accumulations of market power, just as it advances efficient market structures and consumer and general welfare with a view to fostering innovation, keeping prices at fair and competitive levels and ensuring consumer choice; emphasises that the global strength and importance of the EU single market derives from its internal competitiveness and level playing field;

2.
Considers that treaty-based competition rules must be interpreted in the light of the wider European values underpinning the EUs highly competitive social market economy; reiterates that competition policy cannot be pursued in isolation, as an end in itself, without reference to the legal, international, economic or political context, nor without interaction and complementarity with other strategic EU policy objectives, or to the new competitive market dynamics and that it is committed to achieving the EUs objectives as enshrined in Article 3 TEU;

3.
Calls on the Commission to ensure that the regulatory framework is fit to respond to technological developments and to the EUs digital connectivity objectives by making sure that funding for critical infrastructure is adequate and effective without jeopardising competition rules;

4.
Welcomes the General Courts judgment in Sped-Pro Case T-791/19, which confirms that safeguarding the rule of law is a relevant factor for competition law;

5.
Takes note of the draft Commission notice on the definition of the relevant market for the purposes of EU
competition law; welcomes the Commissions clarification in this draft notice that the definition of the relevant market should not rely solely on a products price but also the level of innovation it embodies; welcomes the forthcoming adoption of the draft notice, which is scheduled for the third quarter of 2023; considers innovation competition to be an essential factor in the determination of the relevant market and asks the Commission to take into account a longer-term vision encompassing the global dimension and potential future competition in its competitive assessments; underlines the need to include an analysis of consumer behaviour when defining the relevant product market; in particular, appreciates all the new contributions to addressing key market definition issues concerning certain fast-moving sectors such as the digital sector;

6.
Notes that the three largest credit rating agencies hold a market share of over 90 %; regrets the continued high degree of market concentration for credit rating agencies; concludes that existing measures to enhance competition in this market are insufficient;

7.
Takes note of the Commissions Temporary Crisis and Transition Framework as part of the Green Deal Industrial Plan for the Net-Zero Age; welcomes the Commissions approach whereby approval of State aid for individual companies under this framework can only be granted for cross-border investments or investment in assisted areas; considers that notifiable national subsidies should have EU added value; reiterates the vital role of critical raw materials in retaining Europes industrial base; believes that proposals for a European critical raw materials act 17 and a net zero industry act 18, and the revision of the EUs internal electricity market offer an opportunity to support the competitiveness of EU industry; notes the opportunities for the EU to utilise its domestic sources of critical raw materials while upholding its environmental standards; welcomes the revision of the General Block Exemption Regulation 19 to enable Member States to invest more in key sectors for the transition to a net-zero economy such as low-carbon hydrogen and research and development R&D, as well as in accompanying measures to facilitate the digital transition for all sectors;

17
18
19

COM20230160.
COM20230161.
Commission Regulation EU No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty OJ L 187, 26.6.2014, p. 1.

ELI: http data.europa.eu/eli/C/2024/479/oj
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