EU competition law reform includes: 

  • Greater alignment of EU antitrust policy with the requirements of the rule of law as specified by, inter alia, the European Convention of Human Rights, notably through sharper definition and greater separation of powers and of procedural safeguards, before the Commission as well as the European courts.
  • Procedural amendments aimed at improving due process and transparency during both the written procedure and the hearings;
  • More critical position regarding leniency;
  • Formal recognition of antitrust compliance programmes as exonerating/mitigating factors in the assessment of EU-level administrative antitrust sanctions (primarily fines);
  • More specific and predictable criteria for the assessment of antitrust fines within the current legislated limit (10% of applicable turnover), including notably for factors of gravity, duration, repeat offenses and geographic scope;
  • Specific criteria for sanctions against parent companies to reflect any involvement in or tolerance of violations, taking particular account of the presence or absence of best practice compliance programmes, and in particular, the genuine efforts made by a parent company to ensure compliance amongst its affiliates.
  • As much balance as possible and appropriate between EU and member-state antitrust law, policy and enforcement practice, notably as regards civil actions in member states, and sanctions for individual perpetrators (those with direct responsibility for the violation).  

 

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