On Tuesday 2 June the European Commission published an initial impact assessment and launched a public consultation on the need to introduce "a possible new competition tool to address structural competition problems in a timely and effective manner", a press release explains.
Interested parties can submit their views on the initial impact assessment until 30 June 2020 and respond to the open public consultation until 8 September 2020.
Margrethe Vestager, Executive Vice President responsible for competition policy, explained that she has found that "that there are certain structural risks to competition, such as the risk of market switching, which are not covered by the current rules".
"We are seeking the views of stakeholders to assess the need for a possible new competition tool that would address these structural competition problems in an effective and timely manner and thus ensure fair and competitive markets throughout the economy," she added.
The Commission considers that a comprehensive and global approach may be needed, based mainly on three pillars: - the maintenance of vigorous enforcement of existing competition rules, making full use of Articles 101 and 102 of the Treaty on the Functioning of the EU, including the use of interim measures and remedial remedies where necessary; - possible ex ante rules specific to digital platforms; - a possible new competition tool to address structural competition problems in the markets.
The new tool should enable the Commission to impose behavioural and, where necessary, structural remedies. However, no infringement would be found and no fines would be imposed on market participants.
A legislative proposal is foreseen for the fourth quarter of 2020, subject to the results of the impact assessment. (Original version in French by Lionel Changeur)