ECN Joint Statement on
application of competition law in Coronavirus Crisis
The European Competition Network
(ECN) has issued a joint statement setting out how competition law should be
applied in the context of the ongoing COVID-19 outbreak.
A few points are noteworthy:
·
The ECN it is fully aware of the social and
economic consequences of the COVID-19 outbreak in the EU/EEA.
·
Competition rules ensure a level playing field
between companies. This objective remains relevant also in a period when
companies and the economy as a whole suffer from crisis conditions.
·
The ECN understands that this extraordinary
situation may trigger the need for companies to cooperate to ensure the supply
and fair distribution of scarce products to all consumers. In the current circumstances, such measures
are unlikely to be problematic, since they would either not amount to a
restriction of competition under Article 101 of the TFEU or generate
efficiencies that would most likely outweigh any such restriction.
·
If companies have doubts about the compatibility
of such cooperation initiatives with EU competition law, they can reach out to
the Commission, the EFTA Surveillance Authority or the national competition
authority concerned any time for informal guidance.
·
At the same time, it is of utmost importance to
ensure that products considered essential to protect the health of consumers (such
as face masks and sanitising gel) remain available at competitive prices.
·
The existing rules allow manufacturers to set
maximum prices for their products. This could prove useful to limit unjustified
price increase at the distribution level.
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