42 Amendments of Joachim SCHUSTER related to 2020/2223(INI)
Amendment 11 #
Motion for a resolution
Recital A
Recital A
A. whereas EU competition policy is designed to maintain an open market economy with free, fair and effective competition favouring an efficient allocation of resourcesmust benefit all EU citizens, while promoting innovation and fair competition in the single market, paying particular attention to the SMEs and a level playing field;
Amendment 17 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas exceptional and temporary measures to respond to the pandemic should not be applied in disguise of anticompetitive behaviour, nor be exploited by financially already unhealthy companies to receive additional aid without the necessary and effective restructuring plans and whereas all aid should be designed and granted in an economically and socially responsible manner; whereas in the long run, companies should commit to resume their contribution to sustainable development goals for social, economic and environmental wellbeing and for the fight against climate change;
Amendment 20 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas competition policy should address efficiently social, digital and environmental challenges, and must be in line with the priorities outlined in the European Green Deal and the objectives of the Paris Agreement;
Amendment 21 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas the rapid emergence and evolution of digital markets poses new challenges to the effectiveness of competition policy, especially in the field of antitrust rules where so far, ex ante interventions are not allowed;
Amendment 22 #
Motion for a resolution
Recital B d (new)
Recital B d (new)
B d. whereas data scandals, investigations and evidence have shown how personal date is being collected and stored often in an excessive data storage manner, as well as used and sold to third parties by platforms and how dominant technology players and platforms have been tracking consumers online systematically;
Amendment 23 #
Motion for a resolution
Recital C
Recital C
C. whereas smart reconciliation of the Union’s competition rules with its industrial and international trade policies is essential for re-shoring value chaaching the objectives under the European Green Deal and the Pillar of Social Rights while securing activities and bolstering global competitiveness; nd creating decent jobs in the EU and third countries; whereas the Commission is currently carrying out a general review of competition policy enforcement effectiveness including antitrust regulations, a number of State aid rules and guidance, and the evaluation of merger control rules and the review of the Merger Definition Notice;
Amendment 42 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that competition policy is not solely about ensuring “fair” or low prices for consumers but also about providing quality, innovation and sustainability; urges the Commission in that regard to strengthen the role of the European Consumers Centres Network (ECC-Net) in the spirit of the ECN+ Directive1a; _________________ 1a OJ L 11, 14.1.2019, p.3.
Amendment 51 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that a strict and impartial enforcement of EU competition rules by independent competition authorities can make a significant contribution to key political priorities, such as social inequalities or the climate crisis; emphasises itshowever the importance alsoof flexibility in crisis conditions;
Amendment 55 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that ensuring a level playing field for undertakings in the single market also depends on decisively and effectively combating social dumpingnd on the international level is key for European companies, especially SMEs, and for the creation of decent and sustainable jobs within and outside the EU, respecting high labour and environmental standards; calls in that respect on the Commission to step up its efforts to establish a legal framework for a mandatory Human Rights and environmental due diligence instrument;
Amendment 64 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights that excessive tax burdens may stifle innovation and jeopardise the contestability of markets, especially for SMEsUnderlines that SMEs account for an estimated 30% of the EU’s goods exports to the rest of the world, while the internal market continues to be the most important market for SMEs; recalls that, in order to be efficient, competition policies should be reconciled with the Union’s industrial and international trade policies, in order to help SMEs cope with the greater challenges of entering new markets and enable them to compete on their own merits, aiming at economic diversity and an SME-friendly trade environment;
Amendment 71 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is concerned with the rapid evolvement of the digital markets and that existing competition policy instruments cannot always provide for quick and efficient ex-ante detection and timely intervention, especially in antitrust-cases; welcomes in this regard the Commission proposal on DSA and DMA, and looks forward to further analysis on how competition policy and market monitoring tools can be adapted to the digital markets evolution;
Amendment 72 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to penalise unfair tax practices by companies and Member States and to take action against tax, social and environmental dumping and tax havens in Europe and internationally, as they thwart European competition law and destroy fair competition between multinationals and SMEs;
Amendment 80 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the adoption of a Temporary Framework for State aid measures established in response to the COVID-19 crisis and supports its application for as long as the recovery is ongoing;
Amendment 88 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights the importance of policy coherence and for any aid granted to be issued only to companies enduring direct financial consequences of the pandemic; urges furthermore that companies using tax havens outside the EU for tax avoidance to be banned from accessing State Aid or financial support if they do not commit to changing their behaviour;
Amendment 92 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls that recapitalisation, even under the temporary framework, should be considered only as the last resort solution by Member States, given the potential major distortive impact recapitalisation measures can have on the single market; is of the opinion that recapitalisation measures or any other public financial support to companies should be conditional upon the funding being used to benefit employees and that the recipient companies should refrain from bonuses to the management, paying out dividends or offering share buy-back schemes for as long as they receive such support;
Amendment 97 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to launch a post COVID-19 roadmap for less and better targeted State aid; including a chapter on competition policy on, among others, how to tackle fragmentation, market distortions and an unlevel playing field in the single market caused by Member States’ asymmetric capacities to apply State Aid as well as clear guidance on how to best use competition policy tools to foster a recovery with sustainable jobs and sustainable transition of companies; calls furthermore for the roadmap to encompass a first assessment on the effect of the pandemic on, and thus the future of, EU competition policy;
Amendment 109 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates the priority of ensuring that State aid rules are strictly and impartially adhered toat European banking regulation rules must be respected and controlled, including when dealing with future banking crises, so that taxpayers are protected against the burden of bank rescues;
Amendment 119 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 130 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Highlights the reinforcement of 11bn€ to reinforce the endowment of expenditure programmes in the MFF 2021-2027 that will come from a new mechanism linked to the proceeds from fines collected by the Union and will result in automatic additional allocations to the concerned programmes also resulting in a genuine increase of the MFF ceilings on a yearly basis, in line with Parliament’s long-standing demand for such revenues to finance the EU budget;
Amendment 138 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the importance of global dialogue and cooperation on competition policy enforcement and a common approach towards fair competition;
Amendment 143 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls for the EU and the UK to find common ground to continuously cooperate and strive towards fair competition and a level playing field;
Amendment 148 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses its concern about distortive state-funded competition from Chinese and other foreign undertakings acquiring European undertakings, especially those active in innovative technologies;
Amendment 184 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports the inclusion in EU competition rules of a thorough State aid check on undertakings from third countries, while stressing that the Union should remain open to foreign direct investments complying with its legal framework and not distorting competition;
Amendment 196 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Highlights the importance of a European competition policy design fit to tackle new challenges linked to the use of data, algorithms and fast-moving markets in an increasingly digital environment, as well as strengthening cooperation networks between Member States' authorities and the Commission to support fair competition in the single market;
Amendment 201 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers, while acknowledging efforts made, that problems linked to large technology undertakings’ excessive market dominance have so far been insufficiently addressed and need to be resolved urgently; welcomes in that context the Commission's proposals for a Digital Services Act and a Digital Markets Act;
Amendment 204 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Looks forward to seeing how the DMA and DSA will resolve in practice the structuring of big platforms and ensure adequate market oversight enabling intervention before a dominant position is established;
Amendment 208 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes the view that new competition tools might bare needed to deal with structural competition problems across digital markets whichas the current rules cannot address them in the most effective manner;
Amendment 211 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes the view that new competition tools might be needed to deal with structural competition problems across digital markets which current rules cannot address in the most effective manner and calls for careful Commission surveillance on these markets so as to be able to act fast on major issues and legal loopholes;
Amendment 222 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Recalls that data driven advantages linked to data sharing and data selling, but also services set as default settings risk conferring some companies the position of a so-called “gatekeeper” in the digital markets and need to be addressed effectively by the DMA and DSA;
Amendment 232 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 250 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Further encourages the structured dialogues with the Executive Vice- President for Competition and the efforts by the Commission to maintain close co- operation with the members of Parliament’s competent committee; considers the Commission’s annual report on competition policy an indispensable exercise in terms of democratic scrutiny; recalls that in recent years Parliament has been involved through the ordinary legislative procedure in shaping the framework for competition rules; notes that Parliament should begiven co- decision powers to shape the framework for competition rules; recalls its previous request to amend the treaties accordingly;
Amendment 268 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Recalls, with view to its report on competition policy 2019 (2019/2131 (INI))2a that abuse of market power can take place even when products or services are supplied for free or in exchange of private data; believes that the passing on of private data to third parties for marketing or commercial purposes is frequently done without the consumer’s proper consent, as alternatives to sharing data are often not provided; considers that in the digital economy, the concentration of data in a small number of companies leads to market failures, excessive rent extraction and a blocking of new entrants; _________________ 2a https://www.europarl.europa.eu/doceo/doc ument/A-9-2020-0022_EN.html
Amendment 293 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to give careful consideration to sectors which are the basis of many other industries, as well as the Union’s social and economic value chain; is concerned that excluding too large a number of such sectors from eligibility for State aid, including through the revised EU Emission Trading System State aid guidelines, may put the Un, sustainability and economic objectives and to ensure that support for the greening of the economy and climate-neutral production’s international competitiveness at risk Europe will be possible under competition law and state aid rules;
Amendment 296 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Reiterates that taxation is sometimes used to grant indirect State aid, creating an uneven playing field in the internal market; deplores the abuse of tax rulings, points out that royalties as a financial product do not only risk to facilitate money laundering but also to undermine competition in the single market; recalls that aggressive tax planning does not solely harm fair competition but also undermines the proper functioning of social systems in general; insists that the Commission has access to the information exchanged between the Member States’ tax authorities so as to better detect violations of competition rules; recalls that examination by the Commission of a tax ruling under a State aid point of view does not constitute tax harmonisation;
Amendment 305 #
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Welcomes the Commission repeal of the Apple ruling; Is of the opinion that the Apple case shows once more the need for sound state aid rules, taking into account beneficial tax regimes; repeats its call for a minimum effective tax rate and a Common Consolidated Corporate Tax Base (CCCTB) and public country-by- country reporting (pCBCR); awaits the results of the ongoing international negotiations on a digital tax;
Amendment 311 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the Commission’s commitment to review its 1997 Notice 97/C 372/03 on the definition of relevant market in the Commission’s merger and antitrust enforcement; encourages the Commission, on a case-by-case basis, to take into account a longer-term vision encompassing the global dimension and potential future competition in its competitive assessments; recalls in that sense that in cases of mergers, the Commission should not only look at prices, output and innovation but also pays attention to the social and environmental costs of such transactions in light of TFEU principles, and to pay particular attention to environment protection;
Amendment 319 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Considers in particular antitrust proceedings as too lengthy, slowing down much needed market corrections and consequently negatively impacting effectiveness of competition law enforcement, especially in the case of rapidly growing digital markets; calls therefore for faster antitrust proceedings and asks for cooperation on this not only from the Commission but also from the companies under investigation; condemns in that context that some companies under investigation artificially prolong investigations by systematically requesting prolongations of deadlines and by replying to requests for information only with substantial delays or by submitting ineffective proposals for commitments they would take;
Amendment 321 #
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Welcomes the introduction of the “eLeniencytool” by the Commission to further improve the effectiveness of competition policies implementation; recalls that with the swift development of the digital markets, new challenges arise when it comes to the implementation of competition policies; recommends in that sense the Commission to look into the possibilities to intervene ex ante, especially in the digital markets and to provide EU and national competition and regulatory authorities with the necessary means to gather data anonymously so as to be able to better detect market failures in due time;
Amendment 327 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Points out that while the level of fines imposed by the Commission is amongst the highest in the world, nearly two-thirds of the fines imposed by the Commission in cartel cases since 2006 stayed below 0.99% of global annual turnover, thus well below the ceiling of 10% of a company’s annual worldwide turnover allowed3a; notes that while the ECA rightly points out that the amount of fines alone does not allow conclusions on whether they are effective deterrents, the ECA also underlines that the ceiling itself of possible fines can limit the deterrent effect in “serious cases”; _________________ 3a https://www.eca.europa.eu/Lists/ECADoc uments/SR20_24/SR_Competition_policy _EN.pdf
Amendment 329 #
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31 b. Recalls that even when heavy fines are imposed they are often not enough of a deterrent, also because they may be passed on to consumers; calls therefore on the Commission to evaluate the deterrence effect of its fines and the usefulness of fines of up to 40% of the worldwide annual turnover of companies to be imposed in serious cartel cases, as it is the case already in one Member State; urges moreover that non-compliance for recurrent infringers should lead to additional sanctions, such as alternative behavioural remedies or the obligation to take specific structural measures which could be a combination of recommendations from the Commission; stresses that the cease-and-desist order should be much more prescriptive in upcoming remedies;
Amendment 342 #
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32 b. Regrets the fact that selling at a loss is not prohibited at EU level; highlights the important contribution made by primary producers in supplying high-quality food and delivering public goods to society; calls on the Commission to guarantee fair competition and greater transparency in offline platforms’ commercial practices, including supermarket and hypermarkets, so as to ensure that EU producers receive fair conditions and prices for their products;
Amendment 347 #
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32 c. Is concerned about the unveiling of a state-run oil company purchasing a leading press group, owing 20 leading regional newspapers, 120 weekly magazines, and 500 online portals4a in the concerned Member state; repeats its call on the Commission to Commission carry out a study on the concentration of media ownership in Europe, also in the context of multinational corporations buying out European media providers; _________________ 4ahttps://www.dw.com/en/poland-state- run-oil-company-buys-leading-media- group/a-55859592