A European Commission project to boost national competition authorities’ (NCA) enforcement powers could spark the EU regulator to reflect on its own antitrust practices, which counsel believe falls drastically short of best practice.
The consultation launched in November invites feedback on NCAs’ track record of enforcing EU competition law, with the ultimate goal of strengthening and harmonising their sanctioning tools.
But counsel say it misses the point; the region’s most pressing antitrust issues could be fixed by the EU regulator using its resources more efficiently. Respondents are expected to use the consultation to point out these problems.
“Once the Commission has opened the debate about the enforcement of competition law in Europe, this reflection shouldn’t be limited to the NCAs – there are indeed a number of questions that could be discussed about how the European Commission currently enforces EU law,”...