The inter-institutional negotiations ('trialogue') of Monday 14 May between the representatives of the European Parliament and the Bulgarian Presidency of the Council of the European Union on the proposed directive aiming to provide the national competition authorities (NCA) with the resources they need to implement EU competition rules indicate that a political agreement may be close at hand.
According to our information, despite differences of interpretation and assessment on certain points, there was no major opposition during this trialogue. Both the Bulgarian Presidency of the Council and Parliament, represented by Andreas Schwab (EPP, Germany), are confident that an imminent result is possible.
As we announced last month (see EUROPE 12005), the first meeting allowed the political points to be identified: guaranteeing rights of defence and recourse, the independence and resources of the NCA, fines handed down to companies and leniency measures.
Although both institutions hope in particular to guarantee the independence of the NCA, the Council and Parliament seem to have different approaches to their resources. The MEPs want a waiting period to be brought in for former staff of an NCA, before they are allowed to work for a company involved in an investigation over anti-competitive practices.
As regards the financial resources given to the NCA, the Bulgarian Presidency of the Council does not seem inclined for there to be too much interference in the state budgetary competences. However, a compromise should be reached without too many difficulties. The States are also fairly cautious over harmonising the leniency programmes, which Parliament supports.
As regards fines in the event of violations of EU competition rules, the two institutions have broadly similar views in favour of effective and proportionate fines in particular. The maximum amount in such cases should not be less than 10% of the company's global turnover, as per the European Commission's proposal.
Technical work is continuing and political balances may be reached at the third and possibly final trialogue meeting, to be held in Strasbourg on 30 May.
Readers may recall that the proposal was presented on 22 March 2017 (see EUROPE 11751). The members of Parliament's 'economic and financial affairs' committee ('ECON') reached their position on 27 February of this year (see EUROPE 11970). For their part, the ambassadors of the member states to the European Union ('Coreper') gave the Bulgarian Presidency of the Council a mandate on Wednesday 28 March to represent them in trialogue sessions (see EUROPE 11992). (Original version in French by Lucas Tripoteau)