The European Commission has published an impact assessment on a possible new competition instrument. The purpose of such a new tool would be to address structural competition problems at an early stage: Therefore, if an in-depth market investigation would identify a structural competition problem, the new instrument shall enable the European Commission to impose behavioural and where appropriate, structural remedies. However, there would be no finding of an infringement, nor would any fines be imposed on the involved market participants.

According to the European Commission, this should enable the competition enforcer to identify certain structural competition problems that the current rules cannot tackle or where such rules cannot address in the most effective manner. The European Commission is also examining the introduction of a possible “ex-ante regulation of digital platforms”, including additional requirements for platforms with a gatekeeper role. On both proposals, the Commission launched a public consultation allowing stakeholders to participate until 8 September 2020. Subject to the outcome of the impact assessment, a legislative proposal is scheduled for Q4/2020.

More information: https://ec.europa.eu/commission/presscorner/detail/en/ip_20_977