European Parliament 2019-2024

Committee on the Internal Market and Consumer Protection

2020/2223(INI)

8.1.2021

AMENDMENTS 1 - 73

Draft opinion Andrus Ansip (PE660.385v01-00)

Competition policy – annual report 2020 (2020/2223(INI))

AM\1220902EN.docx PE662.163v01-00

EN United in diversityEN AM_Com_NonLegOpinion

PE662.163v01-00 2/40 AM\1220902EN.docx EN Amendment 1 Anna Cavazzini on behalf of the Greens/EFA Group

Draft opinion Paragraph 1

Draft opinion Amendment

1. Recalls that competition policy is 1. Recalls that competition policy is vital to strengthening and ultimately vital to the proper functioning and completing the single market by providing strengthening of the single market by a fair and level playing field for all market providing a fair and level playing field for participants, enabling the growth of all market participants, both in non-digital innovative businesses, and guaranteeing a and digital markets, enabling the growth high level of consumer protection and of innovative businesses, and guaranteeing choice; a high level of consumer protection and choice by leading to higher product choice, not only in terms of lowest price but also in terms of quality features; Considers furthermore that SMES would benefit from rigorous application of competition rules, both in offline and digital spheres;

Or. en

Amendment 2 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Biljana Borzan

Draft opinion Paragraph 1

Draft opinion Amendment

1. Recalls that competition policy is 1. Recalls that competition policy is vital to strengthening and ultimately vital to strengthening and ultimately completing the single market by providing completing the single market by a fair and level playing field for all market preventing the distortion of competition, participants, enabling the growth of providing a fair and level playing field for innovative businesses, and guaranteeing a all market participants - including the high level of consumer protection and micro-, small- and medium-sized choice; enterprises (SMEs) -, enabling the growth of innovative businesses, guaranteeing a high level of consumer protection and allowing consumers to choose between a

AM\1220902EN.docx 3/40 PE662.163v01-00 EN variety of suppliers and products;

Or. en

Amendment 3 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 1

Draft opinion Amendment

1. Recalls that competition policy is 1. Recalls that competition policy is vital to strengthening and ultimately vital to strengthening and ultimately completing the single market by providing completing the single market by providing a fair and level playing field for all market a fair and level playing field for all market participants, enabling the growth of participants, enabling the growth of innovative businesses, and guaranteeing a innovative businesses, ensuring high level of consumer protection and competitiveness of EU companies at choice; global level and guaranteeing a high level of consumer protection and choice; Stresses that consumer welfare must remain the ultimate goal of the competition policy;

Or. en

Amendment 4 Maria Grapini

Draft opinion Paragraph 1

Draft opinion Amendment

1. Recalls that competition policy is 1. Recalls that competition policy is vital to strengthening and ultimately vital to strengthening and ultimately completing the single market by providing completing the single market by providing a fair and level playing field for all market a fair and level playing field for all market participants, enabling the growth of participants, enabling the growth of innovative businesses, and guaranteeing a innovative businesses, and guaranteeing a high level of consumer protection and high level of consumer protection and choice; more varied choice;

Or. ro

PE662.163v01-00 4/40 AM\1220902EN.docx EN Amendment 5 Jean-Lin Lacapelle, Virginie Joron, Marco Campomenosi, Markus Buchheit

Draft opinion Paragraph 1 a (new)

Draft opinion Amendment

1a. Stresses that competition policy applies only to actors operating on European territory, but that the globalised nature of the economy and trade enables key players to implement global strategies that are not subject to EU legislation and are designed to circumvent it, generating significant economic and social harm in Europe while appearing to meet the objectives of European competition; strongly recommends that these objectives, in particular those of low prices and the strong competition supposedly conducive to creativity, be revised in the light of the costs and destruction that their implementation entails, with the focus shifting to fair prices and equitable development;

Or. fr

Amendment 6 Anna Cavazzini on behalf of the Greens/EFA Group

Draft opinion Paragraph 1 a (new)

Draft opinion Amendment

1a. Stresses that competition rules, consumer welfare and sustainability issues are closely interlinked; highlights therefore the need to address sustainability in shaping EU competition policy tools, especially in its ex-ante regulatory mechanism as well as State Aid

AM\1220902EN.docx 5/40 PE662.163v01-00 EN guidelines, to be a supporting tool to the objectives of the Green New Deal, Sustainable Development Goals and Climate Paris Agreement, and address market distortions by taking into consideration all aspects of unfair competition, including social and environmental negative externalities;

Or. en

Amendment 7 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu, Arba Kokalari, Deirdre Clune, Maria da Graça Carvalho

Draft opinion Paragraph 1 a (new)

Draft opinion Amendment

1a. Emphasizes in particular that competition and consumer policies complement each other as they both aim to protect consumers and to ensure the normal functioning of the single market; recalls that the New Consumer Agenda presented by the European Commission as one of its objectives envisages the continuation of the fight against consumer scams, unfair marketing practices and fraud;

Or. en

Amendment 8 Marco Campomenosi, Alessandra Basso, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Virginie Joron, Jean-Lin Lacapelle

Draft opinion Paragraph 1 a (new)

Draft opinion Amendment

1a. Recalls the importance of safeguarding consumers' right to a

PE662.163v01-00 6/40 AM\1220902EN.docx EN conscious and safe choice by promoting tools that will ensure the highest level of transparency about the composition and origin of products;

Or. en

Amendment 9 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Maria Grapini, Biljana Borzan

Draft opinion Paragraph 1 a (new)

Draft opinion Amendment

1a. Underlines the high necessity of rigorous application of competition rules from which SMEs can also benefit;

Or. en

Amendment 10 Anna Cavazzini on behalf of the Greens/EFA Group

Draft opinion Paragraph 1 b (new)

Draft opinion Amendment

1b. Highlights that in a global economy, potential distortion to competition in the internal market emanates from companies established outside the EU; calls on the Commission to enhance global cooperation on competition to provide for a level-playing field with third countries, particularly when it comes to State aid; asks furthermore for unfair trading practices to be addressed effectively, including taking into account social and environmental dumping;

AM\1220902EN.docx 7/40 PE662.163v01-00 EN Or. en

Amendment 11 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Maria Grapini, Biljana Borzan

Draft opinion Paragraph 1 b (new)

Draft opinion Amendment

1b. Acknowledges that third-country companies benefitting from State aid or other subsidies might potentially distort the competition in the internal market; in this regard, calls on the Commission to take appropriate measures to ensure fair market access, in every concerned sector, such as the aviation;

Or. en

Amendment 12 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu, Deirdre Clune, Maria da Graça Carvalho

Draft opinion Paragraph 1 b (new)

Draft opinion Amendment

1b. Recalls that the Charter of Fundamental Rights of the European Union states that Union policies shall ensure a high level of consumer protection;

Or. en

Amendment 13 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu, Arba Kokalari, Deirdre Clune, Maria da Graça Carvalho

PE662.163v01-00 8/40 AM\1220902EN.docx EN Draft opinion Paragraph 1 c (new)

Draft opinion Amendment

1c. Recalls that competition rules protect the integrity of the single market and help create a level playing field for businesses, while also undoubtedly helping to better protect consumer rights and promote innovations;

Or. en

Amendment 14 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Maria Grapini, Biljana Borzan

Draft opinion Paragraph 1 c (new)

Draft opinion Amendment

1c. Calls on the Commission to assess how competition policy can further contribute to the European Green Deal objectives;

Or. en

Amendment 15 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Maria Grapini, Biljana Borzan

Draft opinion Paragraph 1 d (new)

Draft opinion Amendment

1d. Notes that the Commission responded to the outbreak of the COVID- 19 crisis by adopting special competition rules which should remain temporary; recalls in this context that state aid guaranteed under the extraordinary

AM\1220902EN.docx 9/40 PE662.163v01-00 EN circumstances for air transport companies help to protect employees, but this must happen without harming the consumers’ rights;

Or. en

Amendment 16 Kateřina Konečná

Draft opinion Paragraph 2

Draft opinion Amendment

2. Notes the changes both businesses 2. Notes the changes both businesses and consumers are facing due to the digital and consumers are facing due to the digital transformation and welcomes the transformation; deplores the fact that Commission’s focus on modernising its recent legislative proposals of the competition policy to adequately tackle Commission missed the opportunity to serious problems and market failures in make EU competition policy fit for the the digital sector; digital age; regrets that despite the initial intention, a competition tool was not included in the proposals; calls for a revision of EU competition policies addressing the concentration of huge amount of data by few digital players; regrets in this regard that current competition rules are not fit for dealing with mergers and acquisitions by dominant digital players and therefore, are insufficient to guarantee a level playing field for SMEs in Europe;

Or. en

Amendment 17 Maria Grapini

Draft opinion Paragraph 2

Draft opinion Amendment

2. Notes the changes both businesses 2. Notes the changes both businesses

PE662.163v01-00 10/40 AM\1220902EN.docx EN and consumers are facing due to the digital and consumers are facing due to the digital transformation and welcomes the transformation and welcomes the Commission’s focus on modernising its Commission’s focus on modernising its competition policy to adequately tackle competition policy to adequately and in an serious problems and market failures in the ethical and non-discriminatory manner digital sector; tackle serious problems, challenges, difficulties and market failures in the digital sector;

Or. ro

Amendment 18 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 2

Draft opinion Amendment

2. Notes the changes both businesses 2. Notes the changes both businesses and consumers are facing due to the digital and consumers are facing due to the digital transformation and welcomes the transformation and welcomes the Commission’s focus on modernising its Commission’s focus on modernising its competition policy to adequately tackle competition policy to adequately tackle serious problems and market failures in market failures in the digital sector; the digital sector;

Or. en

Amendment 19 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Biljana Borzan

Draft opinion Paragraph 2

Draft opinion Amendment

2. Notes the changes both businesses 2. Notes the changes both businesses and consumers are facing due to the digital and consumers are facing due to the digital transformation and welcomes the transformation and welcomes the Commission’s focus on modernising its Commission’s focus on modernising its competition policy to adequately tackle competition policy to adequately tackle serious problems and market failures in the serious problems and market failures in the digital sector; recalls that competition

AM\1220902EN.docx 11/40 PE662.163v01-00 EN digital sector; policy is also about ensuring consumer welfare as well as providing quality, innovation and sustainability; highlights also that consumer rights must be preserved and if possible strengthened both online and offline and therefore, competition policy rules are also tools for reaching a high level consumer protection;

Or. en

Amendment 20 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu, Arba Kokalari, Deirdre Clune, Maria da Graça Carvalho

Draft opinion Paragraph 2 a (new)

Draft opinion Amendment

2a. Notes with concern the growing interest of external actors in strengthening and consolidating their influence in European companies in the context of the crisis caused by the pandemic; calls on the European Commission to closely monitor such trends, and in particular foreign direct investments, in order to ensure and preserve the integrity of the single market;

Or. en

Amendment 21 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 2 a (new)

Draft opinion Amendment

2a. Believes that regulatory intervention or imposition of remedies in the competition area not supported by

PE662.163v01-00 12/40 AM\1220902EN.docx EN evidence demonstrating proven market failures, infringement of existing rules or significant consumer harm hampers innovation, growth, consumer welfare and investments in the market and may bring other unexpected consequences;

Or. en

Amendment 22 Arba Kokalari

Draft opinion Paragraph 2 a (new)

Draft opinion Amendment

2a. Stresses that disproportionate regulatory burdens and unnecessary red tape negatively affect both the competitiveness and the capacity to innovate of European companies, especially SMEs; calls on the Commission to apply the “one in, one out” principle and conduct thorough impact assessment when shaping new legislation;

Or. en

Amendment 23 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu, Arba Kokalari, Deirdre Clune, Maria da Graça Carvalho

Draft opinion Paragraph 2 b (new)

Draft opinion Amendment

2b. Recalls that 73% of the European Union's GDP is generated by services and that the single market for services is less developed than the single market for goods; considers that competition mechanisms can help strengthen the single market for services; emphasizes

AM\1220902EN.docx 13/40 PE662.163v01-00 EN further that regulatory obligations must be proportionate and must in no way aim to create unjustified administrative barriers that prevent the further strengthening of the single market and fair competition;

Or. en

Amendment 24 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu

Draft opinion Paragraph 2 c (new)

Draft opinion Amendment

2c. Notes that the concept of non- economic services of general interest is not defined by European legislation; calls on the European Commission, therefore, to consider how important it would be for the development of competition rules to define the concept of non-economic services of general interest by secondary European legislation;

Or. en

Amendment 25 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu, Deirdre Clune, Maria da Graça Carvalho

Draft opinion Paragraph 2 d (new)

Draft opinion Amendment

2d. Agrees that competition policy also plays a significant role in the EU’s modern industrial policy, with the aim of rendering European companies more innovative and therefore competitive internationally; stresses, however, that European self-sufficiency in the

PE662.163v01-00 14/40 AM\1220902EN.docx EN production of critical equipment such as personal protective equipment is crucial for consumer protection;

Or. en

Amendment 26 Anna Cavazzini on behalf of the Greens/EFA Group

Draft opinion Paragraph 3

Draft opinion Amendment

3. Recalls that regulating digital 3. Recalls that regulating digital markets constitutes a core responsibility of markets and strengthen fair competition the Committee on Internal Market and between market participants by Consumer Protection; in this context, addressing both market failures and highlights the adoption of the P2B unfair business-to business practices Regulation (Regulation (EU) 2019/11501 ) constitute a core responsibility of the and notes that ex ante regulatory Committee on Internal Market and intervention will address the gaps in ex Consumer Protection; in this context, post competition law enforcement; highlights the adoption of the P2B Regulation (Regulation (EU) 2019/11501 ) and notes that ex ante regulatory intervention will address the gaps in ex post competition law enforcement; ______1 OJ L 186, 11.7.2019, p. 57. 1 OJ L 186, 11.7.2019, p. 57.

Or. en

Amendment 27 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 3

Draft opinion Amendment

3. Recalls that regulating digital 3. Recalls that efficient regulating markets constitutes a core responsibility of digital markets constitutes a core the Committee on Internal Market and responsibility of the Committee on Internal

AM\1220902EN.docx 15/40 PE662.163v01-00 EN Consumer Protection; in this context, Market and Consumer Protection; in this highlights the adoption of the P2B context, highlights the adoption of the P2B Regulation (Regulation (EU) 2019/11501 ) Regulation (Regulation (EU) 2019/11501 ) and notes that ex ante regulatory and notes that ex ante regulatory intervention will address the gaps in ex intervention should address the identified post competition law enforcement; gaps in ex post competition law enforcement, which cannot be addressed by revised competition policy or by full enforcement of existing rules; ______1 OJ L 186, 11.7.2019, p. 57. 1 OJ L 186, 11.7.2019, p. 57.

Or. en

Amendment 28 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu, Arba Kokalari, Deirdre Clune, Maria da Graça Carvalho

Draft opinion Paragraph 3

Draft opinion Amendment

3. Recalls that regulating digital 3. Recalls that regulating digital markets constitutes a core responsibility of markets constitutes a core responsibility of the Committee on Internal Market and the Committee on Internal Market and Consumer Protection; in this context, Consumer Protection; in this context, highlights the adoption of the P2B highlights the adoption of the P2B Regulation (Regulation (EU) 2019/11501 ) Regulation (Regulation (EU) 2019/11501 ) and notes that ex ante regulatory and notes that ex ante regulatory intervention will address the gaps in ex intervention aims to address the gaps in ex post competition law enforcement; post competition law enforcement; ______1 OJ L 186, 11.7.2019, p. 57. 1 OJ L 186, 11.7.2019, p. 57.

Or. en

Amendment 29 Kateřina Konečná

Draft opinion Paragraph 3

PE662.163v01-00 16/40 AM\1220902EN.docx EN Draft opinion Amendment

3. Recalls that regulating digital 3. Recalls that regulating digital markets constitutes a core responsibility of markets constitutes a core responsibility of the Committee on Internal Market and the Committee on Internal Market and Consumer Protection; in this context, Consumer Protection; in this context, highlights the adoption of the P2B highlights the adoption of the P2B Regulation (Regulation (EU) 2019/11501 ) Regulation (Regulation (EU) 2019/11501 ) and notes that ex ante regulatory and notes that ex ante regulatory intervention will address the gaps in ex intervention will address the gaps in ex post competition law enforcement; post competition law enforcement but notes that this intervention must be accompanied by a revised European competition policy; ______1 OJ L 186, 11.7.2019, p. 57. 1 OJ L 186, 11.7.2019, p. 57.

Or. en

Amendment 30 Kateřina Konečná

Draft opinion Paragraph 3

Draft opinion Amendment

3. Recalls that regulating digital 3. Recalls that regulating digital markets constitutes a core responsibility of markets constitutes a core responsibility of the Committee on Internal Market and the Committee on Internal Market and Consumer Protection; in this context, Consumer Protection; in this context, highlights the adoption of the P2B highlights the adoption of the P2B Regulation (Regulation (EU) 2019/11501 ) Regulation (Regulation (EU) 2019/11501 ) and notes that ex ante regulatory and notes that ex ante regulatory intervention will address the gaps in ex intervention will address the gaps in ex post competition law enforcement; post competition law enforcement; welcomes the ambition of the Portuguese Presidency to reach an agreement in the Council regarding the proposal on public country-by-country reporting; urges the Commission and the Council to tackle harmful tax practices of Member States and set a credible list of non-cooperative jurisdictions in order to guarantee a level playing field in the EU;

AM\1220902EN.docx 17/40 PE662.163v01-00 EN ______1 OJ L 186, 11.7.2019, p. 57. 1 OJ L 186, 11.7.2019, p. 57.

Or. en

Amendment 31 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu, Arba Kokalari

Draft opinion Paragraph 3 a (new)

Draft opinion Amendment

3a. Stresses that the existing competition rules do not sufficiently meet the needs of a functioning single market and therefore welcomes the European Commission's intention to correct irregularities in the digital market through competition policy, inter alia through an ex ante regulatory instrument;

Or. en

Amendment 32 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 3 a (new)

Draft opinion Amendment

3a. Highlights the need to prepare any legislative proposal based on data, in- depth impact assessments, best practices and analyses in order to promote consumer welfare and to avoid unnecessary administrative or regulatory burden;

Or. en

PE662.163v01-00 18/40 AM\1220902EN.docx EN Amendment 33 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu, Arba Kokalari, Deirdre Clune, Maria da Graça Carvalho

Draft opinion Paragraph 3 b (new)

Draft opinion Amendment

3b. Notes the two legislative initiatives recently proposed by the European Commission: the Digital Services Act (DSA) and the Digital Markets Act (DMA); stresses their important role in complementing and strengthening the competition law enforcement; notes that proposed harmonised rules, better oversight and ex ante obligations will ensure that markets characterised by large platforms acting as digital gatekeepers remain fair and competitive for innovators, businesses, and new market entrants;

Or. en

Amendment 34 Jean-Lin Lacapelle, Virginie Joron, Marco Campomenosi, Markus Buchheit

Draft opinion Paragraph 4

Draft opinion Amendment

4. Highlights the importance of a few 4. Highlights the importance of a few online operators acting as gatekeepers to online operators acting as gatekeepers to the digital economy, including access to e- the digital economy, including access to e- commerce marketsand the consequences commerce markets and the consequences on freedom of choice for consumers and on freedom of choice for consumers and access to markets for companies; access to markets for companies; underlines, therefore, the need for an underlines, in that connection, the internal market ex ante regulatory strategic requirement for the EU to have instrument to ensure that impacted markets companies with comparable capacities, remain fair and competitive; looks forward and calls on the Commission to adapt to seeing this instrument in the competition law rules in order to foster forthcoming Digital Markets Act proposal; the rapid recovery of Member States’ economies and the emergence of such

AM\1220902EN.docx 19/40 PE662.163v01-00 EN companies; stresses, further, the need for an internal market ex ante regulatory instrument to ensure that impacted markets remain fair and competitive; looks forward to seeing this instrument in the forthcoming Digital Markets Act proposal;

Or. fr

Amendment 35 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 4

Draft opinion Amendment

4. Highlights the importance of a few 4. Highlights the importance of a online operators acting as gatekeepers to major online operators acting as the digital economy, including access to e- intermediaries to the digital economy, commerce markets and the consequences including access to e-commerce markets on freedom of choice for consumers and and the positive and negative access to markets for companies; consequences on freedom of choice for underlines, therefore, the need for an consumers and access to markets for internal market ex ante regulatory companies; stresses that successful growth instrument to ensure that impacted strategies, even leading to market markets remain fair and competitive; dominance, scale and scope efficiencies, looks forward to seeing this instrument in should not automatically trigger remedies the forthcoming Digital Markets Act as they can generate economic and proposal; consumer benefits and it may prevent companies from growing; underlines, therefore, the need to assess their potential gatekeepers´ role and the need for an internal market ex ante regulatory instrument to ensure consumer welfare and fair and competitive markets; acknowledges the instrument in the forthcoming Digital Markets Act proposal;

Or. en

Amendment 36 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu, Arba Kokalari, Maria da Graça Carvalho

PE662.163v01-00 20/40 AM\1220902EN.docx EN Draft opinion Paragraph 4

Draft opinion Amendment

4. Highlights the importance of a few 4. Highlights the importance of a few online operators acting as gatekeepers to online operators acting as gatekeepers to the digital economy, including access to e- the digital economy, including access to e- commerce markets and the consequences commerce markets and the consequences on freedom of choice for consumers and on freedom of choice for consumers and access to markets for companies; access to markets for companies; in this underlines, therefore, the need for an regard particularly emphasizes that out of internal market ex ante regulatory the 10 000 internet platforms participating instrument to ensure that impacted markets in the EU digital market, the seven largest remain fair and competitive; looks forward generate as much as 69% of the sector's to seeing this instrument in the total revenues; underlines, therefore, the forthcoming Digital Markets Act need for an internal market ex ante proposal; regulatory instrument to ensure that impacted markets remain fair and competitive, without limiting the EU's ability to intervene ex-post via the enforcement of existing EU competition rules;

Or. en

Amendment 37 Kateřina Konečná

Draft opinion Paragraph 4

Draft opinion Amendment

4. Highlights the importance of a few 4. Highlights the danger of a few online operators acting as gatekeepers to online operators acting as gatekeepers to the digital economy, including access to e- the digital economy, including access to e- commerce markets and the consequences commerce markets and the consequences on freedom of choice for consumers and on freedom of choice for consumers and access to markets for companies; access to markets for companies; underlines, therefore, the need for an underlines, therefore, the need for an internal market ex ante regulatory internal market ex ante regulatory instrument to ensure that impacted markets instrument with strong enforcement rules remain fair and competitive; looks forward and penalties accompanied by a new set of to seeing this instrument in the anti trust rules to ensure that impacted forthcoming Digital Markets Act proposal; markets remain fair and competitive; regrets that the Commission proposal for

AM\1220902EN.docx 21/40 PE662.163v01-00 EN a Digital Markets Act is not ambitious enough in this regard;

Or. en

Amendment 38 Maria Grapini

Draft opinion Paragraph 4

Draft opinion Amendment

4. Highlights the importance of a few 4. Highlights the importance of a few online operators acting as gatekeepers to online operators acting as gatekeepers to the digital economy, including access to e- the digital economy, including access to e- commerce markets and the consequences commerce markets and the consequences on freedom of choice for consumers and on freedom of choice for consumers and access to markets for companies; access to markets for companies, and underlines, therefore, the need for an especially SMEs; underlines, therefore, the internal market ex ante regulatory need for an internal market ex ante instrument to ensure that impacted markets regulatory instrument to ensure that remain fair and competitive; looks forward impacted markets remain fair, including as to seeing this instrument in the regards competition, and competitive; forthcoming Digital Markets Act proposal; looks forward to seeing this instrument in the forthcoming Digital Markets Act proposal;

Or. ro

Amendment 39 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Biljana Borzan

Draft opinion Paragraph 4

Draft opinion Amendment

4. Highlights the importance of a few 4. Highlights the importance of a few online operators acting as gatekeepers to online operators acting as gatekeepers to the digital economy, including access to e- the digital economy, including access to e- commerce markets and the consequences commerce markets and the consequences on freedom of choice for consumers and on freedom of choice for consumers and access to markets for companies; access to markets for companies;

PE662.163v01-00 22/40 AM\1220902EN.docx EN underlines, therefore, the need for an underlines the need for an internal market internal market ex ante regulatory ex ante regulatory instrument to ensure that instrument to ensure that impacted markets impacted markets remain fair and remain fair and competitive; looks forward competitive; welcomes therefore, the to seeing this instrument in the Commission's suggestion in the Digital forthcoming Digital Markets Act proposal; Markets Act proposal;

Or. en

Amendment 40 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 4 a (new)

Draft opinion Amendment

4a. Recalls that profit-seeking behaviour should be accepted and should not be suspected of being anti-competitive without objective and facts-based reason, reminds that unlawful behaviour is often hypercompetitive rather than anti- competitive; reminds that particular offering attracting many consumers because of its convenience is not in itself sufficient ground for concern; calls on the Commission to distinguish those behaviours for antitrust enforcement;

Or. en

Amendment 41 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Maria Grapini, Biljana Borzan

Draft opinion Paragraph 4 a (new)

Draft opinion Amendment

4a. Notes that some of the digital market players control ever larger volumes of data; underlines that data is a source of considerable economic power

AM\1220902EN.docx 23/40 PE662.163v01-00 EN and leverage and therefore, recalls that competition policy is interlinked with taxation policy, and that fair tax treatment between undertakings is essential for the integrity of the internal market;

Or. en

Amendment 42 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Maria Grapini, Biljana Borzan

Draft opinion Paragraph 4 b (new)

Draft opinion Amendment

4b. Welcomes the Commission’s efforts to combat unfair competition also in the digital sphere; considers that the fair market players, including SMEs would benefit from the rigorous application of the competition rules; asks the Commission, in this context, to further examine the abuse of dominant position of certain on-line platforms in order to ensure fair competition, boost jobs and sustainable growth;

Or. en

Amendment 43 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 4 b (new)

Draft opinion Amendment

4b. Reminds that if market failures occur, EU State aid rules support the Competition policy objective of rendering European companies more innovative and competitive internationally;

PE662.163v01-00 24/40 AM\1220902EN.docx EN Or. en

Amendment 44 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 4 c (new)

Draft opinion Amendment

4c. Notes the Commission’s White paper on levelling the playing field as regards foreign subsidies; supports the intention to minimize the mirroring retaliation measures at the global level;

Or. en

Amendment 45 Jean-Lin Lacapelle, Virginie Joron, Marco Campomenosi, Markus Buchheit

Draft opinion Paragraph 5

Draft opinion Amendment

5. Notes that the Vertical Block 5. Notes that the Vertical Block Exemption Regulation has been Exemption Regulation has been inadequately adapted to recent market inadequately adapted to recent market developments, notably the growth of online developments, notably the growth of online sales and online platforms; welcomes the sales and online platforms; welcomes the impact assessment recently launched by the impact assessment recently launched by the Commission and calls for further steps to Commission and calls for further steps to address the issue; address the issue, without prejudice to legislation on future services and digital markets;

Or. fr

Amendment 46 Dita Charanzová

AM\1220902EN.docx 25/40 PE662.163v01-00 EN Draft opinion Paragraph 5

Draft opinion Amendment

5. Notes that the Vertical Block 5. Notes that the Vertical Block Exemption Regulation has been Exemption Regulation has been inadequately adapted to recent market inadequately adapted to recent market developments, notably the growth of online developments, notably the growth of online sales and online platforms; welcomes the sales and online platforms; welcomes the impact assessment recently launched by the impact assessment recently launched by the Commission and calls for further steps to Commission and calls for further steps to address the issue; address the issue; underlines that selective distribution agreements and contractual clauses should not lead to the fragmentation of the Single Market by creating barriers to cross-border trade and distribution; believes that national market segmentation prevents full and fair competition in the Union;

Or. en

Amendment 47 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Maria Grapini, Biljana Borzan

Draft opinion Paragraph 5 a (new)

Draft opinion Amendment

5a. Underlines that Territorial Supply Constraints (TSCs) are limitations imposed by a supplier that hinder to obtain goods freely; regrets the anti- competitive effects of persisting territorial supply constraints where retailers and wholesalers are faced with refusals to supply and destination obligations, with a negative impact on consumers who have less choice and pay higher prices; in this context, highlights that suppliers implement TSCs through different practices such as: refusing to supply, threatening to stop supplying a particular distributor, limiting the quantities

PE662.163v01-00 26/40 AM\1220902EN.docx EN available for sale, differentiating product ranges and prices between EU Member States or limiting language options for the product packaging; underlines that TSCs are hampering the development of the single market and its potential benefit to consumers; welcomes that the issue has in particular been touched upon in the Communication of the Commission on "A European retail sector fit for the 21st century" and as a follow-up to this Communication, the Commission launched in 2019 a fact-finding into TSCs in the EU retail sector; welcomes that the Commission launched the review of the Vertical Block Exemption Regulation (VBER), and the accompanying Vertical Guidelines; beside that underlines the necessity to take into consideration the interests of SMEs, not least compared to international groups that have the means to deal with complex regulation; also stresses that Territorial Supply Constraints must be incorporated in the Vertical Block Exemption Regulation (VBER) in order to remain consistent with the single market; calls on the Commission to come forth with adequate measures to eliminate territorial supply constraints and thereby reduce barriers to cross-border trade in view of a fully functioning Single Market;

Or. en

Amendment 48 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Maria Grapini, Biljana Borzan

Draft opinion Paragraph 5 b (new)

Draft opinion Amendment

5b. Recalls that, in order to fight effectively against anti-competitive practices, all aspects of unfair competition

AM\1220902EN.docx 27/40 PE662.163v01-00 EN - such as killer acquisitions - must be taken into consideration;

Or. en

Amendment 49 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Maria Grapini, Biljana Borzan

Draft opinion Paragraph 5 c (new)

Draft opinion Amendment

5c. Welcomes the Commission's first short-term review of the Geo-blocking Regulation1a and calls on the Commission to continue actively monitoring and remove - with a pro-consumer approach allowing consumers to seamlessly shop across the EU - unjustified geo-blocking and other restrictions on cross-border online sales that persist as identified in the review; encourages the Commission to consider proposing follow-up appropriate measures; ______1a COM(2020) 766 final

Or. en

Amendment 50 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 6

Draft opinion Amendment

6. Stresses the importance of clear 6. Stresses the importance of clear, measures to ensure effective enforcement predictable, future-proof and and supervision of competition law at the comprehensive EU framework to ensure EU level; underlines that the compliance of effective enforcement and supervision of provisions must be reinforced with competition law at the EU level; underlines

PE662.163v01-00 28/40 AM\1220902EN.docx EN effective and proportionate penalties; that the compliance of provisions must be reinforced with effective and proportionate penalties and that EU law should be equally enforced in all Member States; asks the Commission for establishing the clear guidance and best practices on enforcement in order to avoid legal uncertainty, arbitrary decisions and to prevent from the gaps between the Member States in terms of implementation and oversight of the ex- ante tool;

Or. en

Amendment 51 Anna Cavazzini on behalf of the Greens/EFA Group

Draft opinion Paragraph 6

Draft opinion Amendment

6. Stresses the importance of clear 6. Stresses the importance of clear measures to ensure effective enforcement measures to ensure effective enforcement and supervision of competition law at the and supervision of competition law at the EU level; underlines that the compliance of EU level, especially in the context of fast- provisions must be reinforced with moving markets; underlines that the effective and proportionate penalties; compliance of provisions must be reinforced with effective and proportionate penalties;

Or. en

Amendment 52 Maria Grapini

Draft opinion Paragraph 6

Draft opinion Amendment

6. Stresses the importance of clear 6. Stresses the importance of clear measures to ensure effective enforcement measures to ensure effective and efficient

AM\1220902EN.docx 29/40 PE662.163v01-00 EN and supervision of competition law at the enforcement and regulated supervision of EU level; underlines that the compliance of competition law at the EU level; underlines provisions must be reinforced with that the compliance of provisions must be effective and proportionate penalties; reinforced with effective and proportionate penalties;

Or. ro

Amendment 53 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu, Maria da Graça Carvalho

Draft opinion Paragraph 6

Draft opinion Amendment

6. Stresses the importance of clear 6. Stresses the importance of clear measures to ensure effective enforcement measures to ensure effective enforcement and supervision of competition law at the and supervision of competition law at the EU level; underlines that the compliance of EU level; underlines that the compliance of provisions must be reinforced with provisions must be reinforced with effective and proportionate penalties; effective, proportionate and dissuasive penalties;

Or. en

Amendment 54 Kateřina Konečná

Draft opinion Paragraph 6

Draft opinion Amendment

6. Stresses the importance of clear 6. Stresses the importance of clear measures to ensure effective enforcement measures to ensure effective enforcement and supervision of competition law at the and supervision of competition law at the EU level; underlines that the compliance of EU level; underlines that the compliance of provisions must be reinforced with provisions must be reinforced with effective and proportionate penalties; effective and proportionate penalties; notes that tackling anti-competitive practices such as social and tax dumping in the EU is a prerequisite for a fair single market;

PE662.163v01-00 30/40 AM\1220902EN.docx EN Or. en

Amendment 55 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Biljana Borzan

Draft opinion Paragraph 6

Draft opinion Amendment

6. Stresses the importance of clear 6. Stresses the importance of clear measures to ensure effective enforcement measures to ensure effective enforcement and supervision of competition law at the and supervision of competition law at the EU level; underlines that the compliance of EU level; underlines that the compliance of provisions must be reinforced with provisions must be reinforced with effective and proportionate penalties; effective and proportionate penalties; urges the Commission to further strengthen the role of the European Consumers Centres Network (ECC-Net) in the spirit of the ECN+ Directive1a with a view to setting up an EU consumers authority; ______1a OJ L 11, 14.1.2019, p.3

Or. en

Amendment 56 Kateřina Konečná

Draft opinion Paragraph 6 – point 1 (new)

Draft opinion Amendment

(1) Stresses the need to apply competition policy in a manner that is consistent with the European social acquis, including respect for the rights defined in the European Social Charter and the European Social Pillar and the relevant ILO Conventions;

Or. en

AM\1220902EN.docx 31/40 PE662.163v01-00 EN Amendment 57 Marco Campomenosi, Alessandra Basso, Antonio Maria Rinaldi, Isabella Tovaglieri

Draft opinion Paragraph 6 a (new)

Draft opinion Amendment

6a. Underlines that the significant state aid support related to the COVID-19 crisis by some Member States has resulted in a substantial variation in state aid intensity across the EU internal market; strongly encourages the Commission to ensure a balanced application of state aid schemes in order to avoid asymmetries that could endanger free and fair competition in the internal market;

Or. en

Amendment 58 Marc Angel, Evelyne Gebhardt, Sylvie Guillaume, Adriana Maldonado López, Maria- Manuel Leitão-Marques, Andreas Schieder, Maria Grapini, Biljana Borzan

Draft opinion Paragraph 6 a (new)

Draft opinion Amendment

6a. Recalls that consumer protection must remain a central policy goal of both current enforcement practices and any future sectoral legislation; underlines that consumer welfare and the prevention of consumer harm must remain essential aspects of competition policy;

Or. en

Amendment 59 Marco Campomenosi, Alessandra Basso, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Virginie Joron, Jean-Lin Lacapelle

PE662.163v01-00 32/40 AM\1220902EN.docx EN Draft opinion Paragraph 6 b (new)

Draft opinion Amendment

6b. Encourages the adoption of measures to strengthen European start- ups and SMEs as a means of supporting their competitiveness with non-EU ones, in accordance with the level playing field principle; stresses the need of a proper application of competition policy to third- country companies operating in the EU internal market;

Or. en

Amendment 60 Anna Cavazzini on behalf of the Greens/EFA Group

Draft opinion Paragraph 7

Draft opinion Amendment

7. Calls on the Commission to ensure 7. Calls on the Commission to ensure fair and secure access to data for all market fair secure and open-data access to data participants; notes that it should empower for all market participants, and in consumers to control their data and provide particular SMEs and micro-enterprises; them with additional rights in terms of data notes that it should empower consumers to portability and interoperability in order to control their data and provide them with ensure that the single market for data is additional rights in terms of data portability based on European values and fair and interoperability in order to ensure that competition. the single market for data is based on European values and fair competition; asks furthermore the Commission to take into account the effects of access to personal and financial data when assessing market and network power, i.e. whether merging data and customer information during a merger distorts competition and weakens data protection, and whether an enterprise's access to exclusive analytical methods and patents excludes

AM\1220902EN.docx 33/40 PE662.163v01-00 EN competitors;

Or. en

Amendment 61 Jean-Lin Lacapelle, Virginie Joron, Marco Campomenosi, Markus Buchheit

Draft opinion Paragraph 7

Draft opinion Amendment

7. Calls on the Commission to ensure 7. Calls on the Commission to ensure fair and secure access to data for all fair and secure access to data in keeping market participants; notes that it should with a European strategy of protection empower consumers to control their data and sovereignty in their hosting, and provide them with additional rights in processing and management; notes that terms of data portability and this should empower all consumers to interoperability in order to ensure that the control their data, whatever form they take single market for data is based on and including the metadata of online European values and fair competition. services, such as connection details, interaction arrangements or information on the IT equipment used, and provide them with additional rights in terms of data portability and interoperability in order to ensure that the single market for data is based on the full and uniform application of European law.

Or. fr

Amendment 62 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu, Deirdre Clune, Maria da Graça Carvalho

Draft opinion Paragraph 7

Draft opinion Amendment

7. Calls on the Commission to ensure 7. Calls on the Commission to ensure fair and secure access to data for all market fair and secure access to data for all market participants; notes that it should empower participants without prejudice to the rules consumers to control their data and provide laid down by the General Data Protection them with additional rights in terms of data Regulation; notes that it should empower

PE662.163v01-00 34/40 AM\1220902EN.docx EN portability and interoperability in order to consumers to control their data and provide ensure that the single market for data is them with additional rights in terms of data based on European values and fair portability and interoperability in order to competition. ensure that the single market for data is based on both, European values and European way of life as well as on fair competition.

Or. en

Amendment 63 Maria Grapini

Draft opinion Paragraph 7

Draft opinion Amendment

7. Calls on the Commission to ensure 7. Calls on the Commission to ensure fair and secure access to data for all market fair and secure access to data for all market participants; notes that it should empower participants, taking current EU data consumers to control their data and provide protection legislation into account; notes them with additional rights in terms of data that it should empower consumers to portability and interoperability in order to control their data and provide them with ensure that the single market for data is additional rights in terms of data portability based on European values and fair and interoperability in order to ensure that competition. the single market for data is based on European values and fair competition.

Or. ro

Amendment 64 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 7

Draft opinion Amendment

7. Calls on the Commission to ensure 7. Calls on the Commission to ensure fair and secure access to data for all market fair and secure access to data for all market participants; notes that it should empower participants; notes that it should empower consumers to control their data and provide consumers to control their data and provide them with additional rights in terms of data them with adequate rights in terms of data portability and interoperability in order to portability as laid down in Union law in

AM\1220902EN.docx 35/40 PE662.163v01-00 EN ensure that the single market for data is order to ensure that the single market for based on European values and fair data is based on European values and fair competition. competition;

Or. en

Amendment 65 Jordi Cañas

Draft opinion Paragraph 7 a (new)

Draft opinion Amendment

7a. Stresses the need to guarantee fair competition in sectors that are essential to the everyday life of citizens, such as food and health sectors, for the benefit of consumers; calls on the Commission to carefully assess the extent and effect of its plans to clarify competition rules within the Farm to Fork Strategy on the economic functioning of the agricultural and food supply chain, taking particular account of the effects on small-scale suppliers and farmers, to make all operators more competitive and fully benefit from the Single Market;

Or. en

Amendment 66 Tomislav Sokol, Edina Tóth, Romana Tomc, Dan-Ştefan Motreanu, Maria da Graça Carvalho

Draft opinion Paragraph 7 a (new)

Draft opinion Amendment

7a. Notes that some digital platforms, despite penalties, have repeatedly violated competition rules; stresses that sanctions for infringers must be effective, proportionate and dissuasive; calls,

PE662.163v01-00 36/40 AM\1220902EN.docx EN therefore, on the European Commission to examine whether the sanctions currently imposed on the various forms of infringement of competition rules are sufficiently appropriate and dissuasive and whether they meet general and special prevention; furthermore, calls on the Commission to report to the European Parliament in particular on the effectiveness of the application of structural remedies in EU Competition Law.

Or. en

Amendment 67 Anna Cavazzini on behalf of the Greens/EFA Group

Draft opinion Paragraph 7 a (new)

Draft opinion Amendment

7a. Recalls that consumer welfare is and remain an essential aspect of competition policy; stresses in this perspective that the concept of a ‘fair price’ should not be equated with the lowest consumer price possible, but instead should be reasonable and enable the fair remuneration of all actors; considers that a focus on lowest-possible consumer prices ignores the negative externalities associated with certain types of production;

Or. en

Amendment 68 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 7 a (new)

AM\1220902EN.docx 37/40 PE662.163v01-00 EN Draft opinion Amendment

7a. Calls on the Commission to fully consider the recommendations of the Court of Auditors, including improving performance reporting of its enforcement decisions, in order to enhance transparency and accountability to the European Parliament and citizens;

Or. en

Amendment 69 Maria Grapini

Draft opinion Paragraph 7 a (new)

Draft opinion Amendment

7a. Considers that competition policy should also cover ways of improving customs checks on products from third countries;

Or. ro

Amendment 70 Jordi Cañas, Andrus Ansip

Draft opinion Paragraph 7 b (new)

Draft opinion Amendment

7b. Underlines the risk of market distortions and of generating an uneven playing field due to increased divergences between the levels of State aid support granted by Member States when applying the Temporary State aid Framework during the COVID-19 pandemic; calls on the Commission to undertake in a timely manner a detailed evaluation of its impact

PE662.163v01-00 38/40 AM\1220902EN.docx EN on the Single Market and to put forward medium and long term measures with the aim of bridging the gap and supporting European companies, with a particular focus on SMEs;

Or. en

Amendment 71 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 7 b (new)

Draft opinion Amendment

7b. Asks the Commission to include the summaries and statistics of antitrust cases opened and closed in the Member States, including where relevant identified best practices and the total amount of imposed and paid fines for cartels in the Commission´s Annual Report on Competition Policy;

Or. en

Amendment 72 Jordi Cañas

Draft opinion Paragraph 7 c (new)

Draft opinion Amendment

7c. Is concerned that the recently revised EU Emission Trading System State aid guidelines may adversely affect the competitiveness of key SME participation-intensive sectors; calls therefore on the Commission to review the methodology and use of certain indicators to guarantee the fair participation of European companies of all sizes in the process towards a cost-effective

AM\1220902EN.docx 39/40 PE662.163v01-00 EN decarbonisation of the economy;

Or. en

Amendment 73 Eugen Jurzyca, Dominik Tarczyński

Draft opinion Paragraph 7 c (new)

Draft opinion Amendment

7c. Highlights that State aid in the form of a financial injection for selective market competitors, including the financing of activities with environmental objectives, distorts competition; Recalls that these objectives can also be achieved, for example, by increasing fees for negative externalities.

Or. en

PE662.163v01-00 40/40 AM\1220902EN.docx EN