Antitrust Law Daily Wrap Up, ANTITRUST NEWS: EC Commissioner Vestager discusses prioritizing antitrust cases, (Feb 2, 2016)
By Michael Menzhuber, J.D., LL.M.
In a speech delivered at the Global Competition Law Centre (GCLC) in Brussels, Margrethe Vestager, European Commissioner for Competition, addressed the question of what cases antitrust enforcers should pursue. The prepared remarks, entitled “Setting priorities in antitrust,” were delivered February 1.
After noting the limited amount of European Commission (EC) staff in relation to the number of businesses in the European Union (EU), Vestager stated that, since 2004, national competition authorities have taken 85 percent of all decisions that applied EU competition law. She then suggested what tools the national competition authorities need to best do their job.
With respect to the EC, Vestager explained why antitrust procedures can be time-consuming. She also explained that cooperation by companies can make procedures more efficient and there is value in rewarding companies that admit to having broken the law.
Vestager then discussed prioritizing cases. She explained that cases can be picked by asking three questions: (1) will the case improve peoples’ lives (e.g. make a key sector work better); (2) will there be an impact beyond the case itself; and (3) is the EC the right agency to deal with it, as opposed to national competition authorities or a colleague in the College of Commissioners.
After identifying the ten most important priorities, and why they were chosen, Vestager went on to explain that other cases could still be a priority if they achieved an impact beyond the case itself. She noted the value of precedents in selecting cases, as well as the importance of reminding businesses of competition rules and the value of deterrence. She also explained that, while the leniency program is a major source of information for the EC’s work against cartels, it is important to pursue cases that do not start with a leniency application.
With respect to prioritizing a case, Vestager also addressed the importance of questioning whether the EU was the proper competition enforcement authority. She then concluded that resources, because they are limited, need to be used where they most count.
News: Antitrust