European Commission consults on tougher market investigation tool
The European Commission is consulting on views on a possible new tool to address structural competition issues. On 2 June 2020 it published an inception impact assessment which is accompanied by a questionnaire.
The backdrop to the proposal includes the Commission’s identification of structural problems particularly in light of digitisation and digitally-enabled markets. The new tool would enable the Commission to identify gaps in existing competition tools and intervene to address structural problems. There would be no finding of infringement or penalties imposed.
The Commission is consulting on whether the tool should be used only to address concerns arising from unilateral conduct by a dominant firm. The Commission also invites views on and whether the tool should be limited to certain sectors such as digital markets which it says can be prone to abuse due to structural features such as high entry barriers.
The Commission invites views on the inception impact assessment by 30 June 2020.
The online questionnaire will be open until 8 September 2020.
Subject to the results of the consultation, the Commission aims to prepare a legislative proposal by the end of 2020.
https://ec.europa.eu/commission/presscorner/detail/en/ip_20_977
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