Legal, Institutional and Policy Implications of the Introduction of a New Competition Tool
Assimakis Komninos, Georgios Gryllos, Legal, institutional and policy implications of the introduction of a new competition tool, February 2021, Concurrences N° 1-2021, Art. N° 98145, https://www.concurrences.com/en/review/issues/no-1-2021/articles/legal-institutional-and-policy-implications-of-the-
Posted: 28 Apr 2021 Last revised: 7 May 2021
Date Written: February 12, 2021
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
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