The draft provisions on antitrust fines in the Commission’s ECN+ Proposal

The draft provisions on antitrust fines in the Commission’s ECN+ Proposal AbstractOn 22 March 2017, the Commission released its Proposal for a directive to empower the competition authorities of the Member States to be more effective enforcers (COM(2017) 142 final). With this effort to harmonise national public enforcement regimes, the Commission enters uncharted territory. Effectiveness is deemed to be fostered by the introduction of the economic entity doctrine as a unitary sanctioning concept throughout the Member States. As a complementing measure, the Proposal prescribes a more coherent standard for leniency in the European Competition Network. The present article ventures to evaluate these remedies. A preliminary hypothesis is that the Commission’s conviction of the economic entity doctrine to become the gold standard for antitrust enforcement is possibly based on tenuous ideas of effectiveness. Moreover, the introduction of a 10 % fine cap for any National Competition Authority irrespective of the size of the Member State can lead to highly disparate relative fining powers throughout the internal market. As to the leniency aspect, the present article will attempt to assess whether the Proposal taps the full potential for enhancement. As an alternative to the Commission’s suggestions the article elaborates on a one-stop-shop leniency principle. Such would go beyond the current Proposal in that it would render multiple leniency filings obsolete within the EU. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Zeitschrift für Wettbewerbsrecht de Gruyter

The draft provisions on antitrust fines in the Commission’s ECN+ Proposal

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Publisher
RWS Verlag
Copyright
© 2018 RWS Verlag Kommunikationsforum GmbH, Aachener Str. 222, 50931 Köln.
ISSN
1611-1982
eISSN
2199-1723
D.O.I.
10.15375/zwer-2018-0103
Publisher site
See Article on Publisher Site

Abstract

AbstractOn 22 March 2017, the Commission released its Proposal for a directive to empower the competition authorities of the Member States to be more effective enforcers (COM(2017) 142 final). With this effort to harmonise national public enforcement regimes, the Commission enters uncharted territory. Effectiveness is deemed to be fostered by the introduction of the economic entity doctrine as a unitary sanctioning concept throughout the Member States. As a complementing measure, the Proposal prescribes a more coherent standard for leniency in the European Competition Network. The present article ventures to evaluate these remedies. A preliminary hypothesis is that the Commission’s conviction of the economic entity doctrine to become the gold standard for antitrust enforcement is possibly based on tenuous ideas of effectiveness. Moreover, the introduction of a 10 % fine cap for any National Competition Authority irrespective of the size of the Member State can lead to highly disparate relative fining powers throughout the internal market. As to the leniency aspect, the present article will attempt to assess whether the Proposal taps the full potential for enhancement. As an alternative to the Commission’s suggestions the article elaborates on a one-stop-shop leniency principle. Such would go beyond the current Proposal in that it would render multiple leniency filings obsolete within the EU.

Journal

Zeitschrift für Wettbewerbsrechtde Gruyter

Published: Mar 2, 2018

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