Antitrust

Compliance

BusinessEurope wants to promote competition compliance by identifying general principles and supporting company actions in this area. At the same time, we encourage competition authorities to demonstrate greater interest and a more positive attitude towards compliance, in order to further encourage a competition compliance culture in the EU.

Full compliance with antitrust rules is not only a legal obligation, but is also an attitude and a culture that can impact positively on a company’s business. Remaining compliant with rules and maintaining a strong reputation are fundamental matters for every enterprise.

We believe that a lot that can be done in this area through cooperation between Europe's businesses and the authorities enforcing the competition rules.

Due process   

BusinessEurope is very supportive of transparency and predictability antitrust procedures. The assurance of procedural fairness contributes to vigorous and credible enforcement of antitrust law. A high quality standard for procedures and safeguards in EU competition helps ensuring sound administration and decision-making.

There is room for improvement within the procedural practices of all competition authorities in the EU and worldwide. It is important that the EU engages in a dialogue on due process with member-state competition authorities and with other agencies worldwide to ensure that best practices are adopted internationally.

Damages actions   

BusinessEurope strongly supports effective and easy access to justice for those harmed by breaches of EU rules. This is key to boost consumer confidence in the single market. It is in the interest of companies that adequate redress mechanisms exist and function well.

It is of primary importance that a balance is struck between the interests of the various players. The economic costs imposed on society by a judicial system of collective redress and the increase in litigation it entails should be evaluated. The US experience should also be taken into account to avoid going down a similar route. Alternative dispute resolution can provide a cheaper, shorter and less confrontational avenue to address antitrust damages cases without going to court. The availability of a non-judicial route is particularly important for business as well as consumers.

Last updated: 4 July 2016