EUROPEAN COMMISSION CONSIDERS A NEW COMPETITION TOOL FOR STRUCTURAL PROBLEMS

11/06/2020

 

The European Commission has published an inception impact assessment for public consultation on possible new competition tool.

The Commission is intending to address gaps in the current competition rules and to intervene against structural competition problems across markets in a timely and effective manner, via competition tool.  The Commission explained the need for a new competition tool with the fast change of the world, increase in globalization and digitalization. The Commission has emphasized the three pillars as following:

1. Using of Articles 101 and 102 of TFEU continued including the use of interim measures and restorative remedies,
2. Additional requirements for undertakings playing a gatekeeper role, use of possible ex-ante regulation of digital platforms,
3. Dealing with markets’ structural competition problems by a possible new competition tool.

The Commission will be allowed to impose behavioral and where appropriate structural remedies after defining a structural competition problem through a market investigation. The Commission will be able to impose these remedies when there is no finding of an infringement or any imposed fines.  (European Commission – 02.06.2020)

 

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