The European Commission wants the national competition authorities to have better resources to carry out their day-to-day work. On Wednesday 22 March, it presented a directive introducing new rules to enforce EU law in matters of anti-competitive practices.
Between 2004 and 2014, more than 85% of all competition decisions were made by the national authorities, the Commission explains. The European competition network is “low on protocol but strong on substance”, the European Commissioner for Competition, Margrethe Vestager, told a press conference. However, the European map is “quite colourful” when it comes to the national competition authorities.
For instance, some member states should think about granting them more resources and some have room for improvement when it comes to their leniency programmes. But it doesn't make any sense to give out grades, Vestager said.
Nor is the aim to repatriate powers to the national capitals. “We are trying to empower the national authorities to be effective in enforcing the power that they have” already, the Commission explained. The European competition rules will also remain unchanged.
The Commission went on to say that it wished to allow the national authorities to act in full independence and to work completely impartially, without having to accept instructions from public or private entities. It also wants them to have all necessary powers to gather all relevant evidence, such as the right to consult the content of mobile telephones, laptop computers and tablets.
The Commission's study showed that Austria, Germany, Estonia, Finland, France, Ireland, Sweden and Slovakia, amongst others, have limited prerogatives when it comes to their powers of investigation.
The aim will also be to give the national agencies appropriate tools to impose proportionate and deterrent sanctions in the event of breaches of the competition rules.
The proposal also provides for rules on the accountability of parent companies and the legal successors of businesses, so that companies can no longer dodge fines by restructuring. The national competition authorities will also have the option to enforce fines handed down to companies in breach which have no legal presence on their territory.
According to Reuters, the Commission has also expressed concern at the ousting of senior officials from certain national agencies.
The proposal will now be negotiated between the European institutions. (Original version in French by Élodie Lamer)