Activities of Paul TANG related to 2023/2077(INI)
Shadow reports (1)
REPORT on competition policy – annual report 2023
Amendments (35)
Amendment 4 #
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
– having regard to the European Securities and Markets Authority (ESMA), "Report on CRA Market Share Calculation" of 15 December 2022,
Amendment 19 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. emphasises that the global strength and importance of the EU Single Market derives from its internal competitiveness and equalised level- playing field;
Amendment 27 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Warns the Commission for international subsidy competition and calls upon the Commission to use the tools at its disposal to prevent and sanction unfair subsidy competition; 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; points out that currently the EU's borrowing costs are relatively high and therefore calls upon the Union to implement new own resources to back EU funds, allay liquidity concerns and thereby lower borrowing costs;
Amendment 33 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes note of the Temporary Crisis and Transition Framework (TCTF), as well as of the update of the State aid rulebook that allows investments for the green and digital transitions; welcomes the 2023 review of the TCTF to introduce the ‘matching clause’ and avoid a race towards subsidies and tax cuts; stresses that any additional state support should be targeted and temporary; upholds that State aid should be consistent with EU policy objectives such as the Green Deal and the Pillar of Social Rights; calls on the Commission to investigate the lack of harmonisation of clawback mechanisms in Member States;
Amendment 47 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. 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 support provided at European level;
Amendment 49 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to address greedflation; Considers excessive corporate profits and the ‘price - profit spiral’ to be the main drivers of inflation; reiterates that the Commission must make use of all the available tools under competition law to tackle the cost of living crisis; calls for consumer vulnerability to be taken into consideration when assessing whether a dominant undertaking’s conduct is abusive; asks the Commission to look into the ‘shrinkflation’ phenomenon and its consequences for markets and consumers’ welfare;
Amendment 54 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the importance of the Important Projects of Common European Interest (IPCEIs) for financing large transnational projects and achieving the EU’s strategic priorities, but deplores the process and time required as being too burdensome for SMEs; calls on the Commission to ensure that any notification is completed within six months at the latest; stresses that IPCEIs should have genuine European added value, which means that they should have a positive impact on more than one Member State;
Amendment 57 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to assess how EU competition principles have affected the supply of services of general economic interest (SGEI), also in light of the Covid crisis and increased costs of living; calls for a SGEI exemption for affordable housing; calls on the Commission to assess the position of social services of general interest;
Amendment 61 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. 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 63 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Recalls the Commission’s initiative for a ‘New Competition Tool’ which aimed at addressing gaps between EU competition rules and intervention tools against structural competition problems across markets; notes that with the new competition tool the commission would be able to investigate competition issues across entire sectors and impose remedies as opposed by individual companies; regrets that the initiative was abandoned; calls upon the Commission to reassess the ‘New Competition Tool’;
Amendment 69 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to modernise public the procurement rules to help foster green and digital industry; calls on the Commission to take into account the sustainability and sovereignty criteria for public procurement rules in order to foster the produc; underlines that enforcing competition policy to the benefit of consumers should not only include considerations of goods ‘made in Europe’n price levels, but also sustainability considerations;
Amendment 76 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Deplores the distortive effects of aggressive tax planning and of tax systems of certain Member States on fair competition, as it may stifle innovation and jeopardise contestability of markets, especially for SMEs; calls for companies that engage in tax avoidance using third- country tax havens to be excluded public procurement procedures and barred from receiving State aid, as these companies are competing under unfair conditions with companies established in non-tax havens; welcomes the Commission’s recommendation of 14 July 2020 to not grant financial support to companies with links to tax havens while protecting honest taxpayers; calls on the Commission to examine the effects of tax advantages for fossil fuels;
Amendment 81 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. 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; calls for the creation of a European public credit rating agency as an impartial and trusted alternative to existing agencies;
Amendment 83 #
8c. 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 85 #
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Regrets the decision by Ernst & Young to stop its audit and advisory businesses separation process; notes that the combination of audit and advisory business can lead to conflicts of interest and can enhance the market dominance of each 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 98 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 101 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Supports the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a business holding a dominant position in a relevant market or any concentration involving a dominant market player or a gatekeeper as defined in the Digital Markets Act; notes that there is scope for Member States to intervene on ‘non-competitive grounds’, and asks for the Commission to be given the same possibility when examining the impact of concentration on the internal market; calls on the Commission to revise the 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 importance of collaboration in markets dominated 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, such as efficiencies and benefits, in the relevant antitrust analysis; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more appropriate conditions, without affecting the decision as such; urges the European Commission to take a broader view when evaluating digital mergers and assess the damaging effects of data concentration;
Amendment 125 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Insists on effective remedies which require greater coordination between enforcers and further dialogue with third parties; recalls that undertakings designated as gatekeepers have been subject to previous antitrust rulings, which have not led to effective behavioural changes; regrets the reluctance of the Commission to address market dominance through structural separation; calls for the Commission to end the primacy of behavioural remedies in EU law.
Amendment 131 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Acknowledges 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 134 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Points out that the study, commissioned by the European Commission, on 'the impact of recent developments in digital advertising on privacy, publishers and advertisers' concludes that the large scale collection and processing of personal data for advertising purposes makes the digital advertisement market incredibly opaque and prone to fraud.
Amendment 135 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Reiterates evidence presented by the UK Competition and Market Authority and the Australian Competition and Consumer Commission pointing out the opaqueness of this system allows dominant players to charge excessive profit margins, up to 70 cents of every Euro spent;
Amendment 136 #
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Deplores that the aforementioned developments caused a fall of 70 percent of advertising revenue of traditional media between 2005 and 2018 to the benefit of Big Tech, eroding the public media landscape, forcing local outlets to stop and putting our democracy in danger;
Amendment 137 #
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Agrees with the Commission study's conclusion that the digital advertising market needs urgent reform and 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;
Amendment 138 #
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15f. Points out that fair digital advertising competition is promoted through the independence of platforms in digital ad ecosystem, meaning ownership separation between large supply, demand and exchange platforms in the digital advertisement ecosystem; condemns owning more than one part of the digital advertisement ecosystem; advises the Commission to look at the US digital advertisement bill proposed in the US Senate as an example;
Amendment 145 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the market investigation into Apple’s iMessage in order to assess its role as a gateway and its entrenched position in the market as per Apple designation decision as gatekeeper under DMA; highlights the inclusion by default of iMessage on all iOS devices for more than 144 million users; stresses the importance of smartphones as an essential personal and professional tool; highlights that today’s market is dominated by two operating systems, with their own non- interoperable messaging services, which limits the possibility for users and businesses to freely move from one ecosystem to the other; and to seamlessly communicate with each other regardless of the operating system, which is fundamentally against the spirit and the letter of the DMA; therefore calls on the European Commission to proceed expeditiously in its investigation and its effective implementation to bring the benefits of messaging interoperability to all in a timely manner;
Amendment 146 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Welcomes the Court of Justice of the European Union decision in the Meta vs Bundeskartellamt case that affirms the competence of national competition authorities to enforce data protection rules under antitrust laws; points out that the court affirms that the protection of personal data is an important consideration when examining an abuse of a dominant position and that it imposes requirements on the use of individuals’ personal data for targeted advertising; encourages competition authorities to investigate and sanction infringements of the GDPR;
Amendment 148 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Welcomes the conclusions of the proceedings of the Bundeskartellamt and Alphabet Inc. that gives Google users better choices as to how Google processes their data; asserts that EU consumers must have the choice whether they allow agglomeration and cross-service data processing of their personal data. Encourages the European Commission to pursue the coordination of enforcement activities and cooperate with national competition authorities in order to facilitate an effective interplay between competition law and the DMA; especially in the context of the DMA’s “further obligations”;
Amendment 149 #
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Welcomes the European Commission to block Booking Holdings acquisition of eTraveli; notes that Booking is a dominant online travel platform in Europe, which affects the daily operations of tens of thousands of small and medium-sized enterprises (SMEs) in the hotel sector; stresses that with this acquisition, Booking could cross-sell its different services and further strengthen its dominance in the hotel market; underlines that given Booking.com’s market power, hoteliers are under pressure to accept the platforms terms and conditions (e.g., regarding cancellation policy, special discounts) that hotels would otherwise voluntarily not offer; Reminds that's in July 2023, Booking declared that it did not yet qualify as a gatekeeper under the DMA thresholds mainly because of the various Covid19 lockdowns; calls on the European Commission to be vigilant and carefully assess if any future remedies offered safeguard fair competition and stop abuse of powers by such platform;
Amendment 150 #
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16d. 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 include data as source of market power in the evaluation of merger and acquisition cases in this sector; specifically when these cases involve established big tech companies; furthermore calls to impose conditions on the use of data if needed;
Amendment 160 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Reiterates that the Digital Markets Act has a different legal basis in contrast to the competition framework; encourages the Commission to use in parallel its executive powers stemming from the competition policy framework and the Digital Markets Act;
Amendment 167 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. 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 168 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. 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 169 #
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
Amendment 174 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that Parliament should play an active role in shaping competition policy and be more involved in the activity of working parties and expert groups; 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 177 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. 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;