28 Amendments of Jonás FERNÁNDEZ related to 2022/2060(INI)
Amendment 3 #
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
Amendment 4 #
Motion for a resolution
Citation 16 b (new)
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 38 #
Motion for a resolution
Paragraph 1
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 42 #
Motion for a resolution
Paragraph 1 a (new)
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 45 #
Motion for a resolution
Paragraph 2
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 49 #
Motion for a resolution
Paragraph 2
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 58 #
Motion for a resolution
Paragraph 3 a (new)
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 90 #
Motion for a resolution
Paragraph 5
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 92 #
Motion for a resolution
Paragraph 5
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 public investments, but warns against a global subsidy race; stresses that any additional state support should be targeted and temporarily, and should be consistent with EU policy objectives such as the Green Deal and the Pillar of Social Rights; considers the introduction of dedicated permanent, if necessary debt- financed, European investment funds to be a better policy response;
Amendment 105 #
Motion for a resolution
Paragraph 5 a (new)
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 110 #
Motion for a resolution
Paragraph 5 b (new)
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 114 #
Motion for a resolution
Paragraph 5 c (new)
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 154 #
Motion for a resolution
Paragraph 8
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 , consumer vulnerability and the rule of law, to be taken into account when examining the impact of a concentration on the internal market; underlines that public interests may only be invoked with a view to declaring a merger incompatible with the single market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions;
Amendment 172 #
Motion for a resolution
Paragraph 10 a (new)
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 177 #
Motion for a resolution
Paragraph 11 a (new)
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 194 #
Motion for a resolution
Paragraph 14 a (new)
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 196 #
Motion for a resolution
Paragraph 15
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 198 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 199 #
Motion for a resolution
Paragraph 15 b (new)
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 200 #
Motion for a resolution
Paragraph 15 c (new)
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 211 #
Motion for a resolution
Paragraph 17
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 232 #
Motion for a resolution
Paragraph 19
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; or aim at addressing and mitigating adverse impacts of companies in line with their due diligence obligation;
Amendment 236 #
Motion for a resolution
Paragraph 20
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 242 #
Motion for a resolution
Paragraph 20 a (new)
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 244 #
Motion for a resolution
Paragraph 20 a (new)
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 249 #
Motion for a resolution
Paragraph 20 b (new)
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 258 #
Motion for a resolution
Paragraph 21
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 282 #
Motion for a resolution
Paragraph 22 a (new)
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;