The European Commission decided, on Monday 3 October, to withdraw the temporary framework for the assessment of anti-competitive practices in the context of the Covid-19 pandemic, in view of the relatively improved health situation in Europe.
The Temporary Framework for assessing antitrust issues in the context of the pandemic (https://aeur.eu/f/3da ), adopted in April 2020, has allowed the Commission to assess cooperation projects between companies in response to emergency situations arising from the pandemic.
The Commission considered it necessary to withdraw the Temporary Framework as the exceptional circumstances and related challenges that may require cooperation between companies to mitigate the effects of the crisis are no longer present at this stage.
In the event of a sudden and unexpected deterioration in the health situation and associated disruption to the supply of essential goods and services, businesses may request guidance under the revised ‘Informal Guidance Notice’.
On the same day, the Commission also adopted a revised version of this ‘Informal Guidance Notice’. This text (https://aeur.eu/f/3d5 ) allows companies to request informal guidance on the application of EU competition rules to new or unresolved issues.
The revised text updates the criteria that allow the Commission to provide informal guidance to companies in cases that raise new or unresolved issues, including in crisis or other emergency situations. It will be useful for companies using emerging business practices or those facing a crisis or other emergency. (Original version in French by Lionel Changeur)