Legal, Institutional and Policy Implications of the Introduction of a New Competition Tool

Abstract

As the European Commission is preparing its proposal for a 'New Competition Tool', we look at the legal, Institutional and policy Implications of such a tool. We examine questions of legal basis, substantive standard of Intervention, procedural design and judicial review and the role of EU Courts. The existing UK system of market Investigations provides for a good model for the design of the new tool, and, at the same time, EU law provides for a framework within which the EU legislator can move.

Keywords: European Union, Anticompetitive practices, Competition policy, Reform, Competence, Investigations, Market definition