On the Consistency of the European Commission’s Remedies Practice
Lörtscher, Benjamin & Frank P. Maier-Rigaud (2020) On the Consistency of the European Commission's Remedies Practice, 53-72, in: Gerard, Damien & Assimakis Komninos (eds.) Remedies in EU Competition Law - Substance, Process and Policy, Wolters Kluwer.
22 Pages Posted: 18 Sep 2019 Last revised: 31 Aug 2020
Date Written: September 9, 2019
The European Commission’s remedial practice displays important differences in the type of remedies accepted in merger versus antitrust cases. This paper provides a review of the Commission’s remedies practice over the last 14 years highlighting the differences and discussing inconsistencies. In particular, it raises the question why predominantly behavioural remedies are chosen in antitrust cases and how this practice is in line with the approach in merger control where the risks to effective competition are viewed as deriving from changes in the structure of the market and where therefore structural remedies are typically considered necessary.
Keywords: consistency of remedies, structural remedies, behavioural remedies, Article 7, Article 9, Merger remedies, access remedies, evolution of remedies, remedies practice, European Commission
JEL Classification: K21, L40
Suggested Citation: Suggested Citation