Implications of Competitive Neutrality for Competition Agencies: A Process Perspective

7 Pages Posted: 20 Jun 2015

See all articles by Nicolas Petit

Nicolas Petit

European University Institute - Department of Law (LAW)

Date Written: June 19, 2015

Abstract

This paper sketches the implications of the competitive neutrality principle for competition agencies. The discussion is framed in a process perspective (I). The paper opens with a review of the core enforcement scenarios where a State-related firm is defendant (II) or complainant (III) in competition proceedings. It then addresses the situation in which the State is a third party to competition proceedings (IV). The paper in turn discusses theoretical de-biasing options for competitive neutrality-minded competition agencies (V). It goes on to reflect on the non-core advocacy missions of competition agencies (VI). To finish, the paper closes with words of warning (VII). A strict interpretation of the competitive neutrality principle in competition proceedings could limit agency discretion and divorce their work from the big economic picture.

Keywords: Competition, agencies, enforcement, SOEs, home bias, process competitive neutrality

JEL Classification: K21; L4; L5; F1; F10

Suggested Citation

Petit, Nicolas, Implications of Competitive Neutrality for Competition Agencies: A Process Perspective (June 19, 2015). Available at SSRN: https://ssrn.com/abstract=2620735 or http://dx.doi.org/10.2139/ssrn.2620735

Nicolas Petit (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

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