22 Amendments of Gilles BOYER related to 2022/2060(INI)
Amendment 15 #
Motion for a resolution
Recital B
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 83 #
Motion for a resolution
Paragraph 4 a (new)
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 98 #
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 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 responseto 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 100 #
Motion for a resolution
Paragraph 5 a (new)
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 147 #
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 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 impactortance of a concentllaboration oin the markets dominaternal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditiond 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 159 #
Motion for a resolution
Paragraph 8 a (new)
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 164 #
Motion for a resolution
Paragraph 8 b (new)
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 168 #
Motion for a resolution
Paragraph 9
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 170 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 181 #
Motion for a resolution
Paragraph 12
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 187 #
Motion for a resolution
Paragraph 13
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 beunbundling 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 191 #
Motion for a resolution
Paragraph 14
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 203 #
Motion for a resolution
Paragraph 16
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 206 #
Motion for a resolution
Paragraph 16 a (new)
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 209 #
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; 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 218 #
Motion for a resolution
Paragraph 17 a (new)
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 225 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
Amendment 226 #
Motion for a resolution
Paragraph 18 b (new)
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 231 #
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;
Amendment 238 #
Motion for a resolution
Paragraph 20
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 ordercontribute to promote sustainability; calls for the presentation of draft guidelines on abusive practices, in particular with regard to achieving sustainability goals;
Amendment 265 #
Motion for a resolution
Paragraph 21 a (new)
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 276 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that Parliament should be adequately involvedplay 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 lawnotes 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;