Withdrawal of Temporary Framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak

Summary:

Communication adopted by the European Commission on 3 October 2022, withdrawing the Temporary Framework for assessing antitrust issues related to business cooperation in response to urgent situations stemming from the COVID-19 (coronavirus) pandemic.

Further information:

The European Commission adopted in April 2020 a Temporary Framework setting out the main criteria that it would follow when assessing cooperation projects aimed at addressing a shortage of supply of essential products and services during the COVID-19 outbreak. This covered possible forms of cooperation between undertakings in order to ensure the supply and adequate distribution of essential scarce products and services. The Framework also introduced the possibility for the Commission to provide undertakings with written comfort on specific and well-defined cooperation projects falling within the scope of the Framework, in order to facilitate initiatives that needed to be swiftly implemented to effectively tackle the COVID-19 outbreak.

The Framework did not contain a specific end date for its application but it stated that it would remain applicable until the Commission withdraws it. Two and a half years later, the Commission notes an overall improvement of the sanitary crisis in the European Union (EU). Supplies of essential products and services for the prevention and treatment of COVID-19 do not appear to be problematic any longer. On 3 October 2022, the Commission adopted a revised Notice allowing it to provide informal guidance on novel or unresolved questions concerning the application of Articles 101 or 102 TFEU that arise in individual cases.

In view of this, the Commission considered it appropriate to withdraw the Temporary Framework. This Communication was adopted on 3 October 2022.

Official

European Commission: Press Release, 03/10/2022: Competition: Commission adopts a more flexible antitrust Informal Guidance Notice; withdraws Antitrust COVID Temporary Framework https://ec.europa.eu/commission/presscorner/detail/en/ip_22_5887

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