The trend in Europe is definitely towards more convergence between the EU and national approaches to competition questions. For example, the Commission just launched a consultation on merger review, partially designed to bring conformity among authorities. So with the help of Danny Sokol, we asked some practitioners and authorities on the national side to weigh in on the question: Are there conflicts between EU and national laws and, if so, what types of problems do they pose? The results are very interesting.
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Conflicts Between EU and National Competition Laws
Competition Advocacy in France: A Leverage for Compliance with EU Law?
While this advocacy function mainly aims at stimulating domestic competitiveness and democratic accountability…it also constitutes leverage for compliance with EU law. Liza Bellulo (Autorit de la concurrence)
Cooperation, Convergence, and Conflicts? The Case of EU and National Merger Control
The mantra of international merger control has been cooperation, convergence, and comity. Andreas Bardong (Bundeskartellamt)
Italian and European Merger Review: Are There Differences and, If Yes, Do They Really Matter?
It might be interesting to notice, however, that the differences in merger review addressed in the report have at least at the formal level widened instead of diminished over time. Alessandra Tonazzi (Italian Competition Authority)
Same Rules, Double Enforcement: A Comparative Analysis of European Union and Italian Procedural Rules on Anticompetitive Agreements
To be constrained by the same rules on the merits while being subject to procedures that considerably differ, does indeed create imbalance for companies (most of the time active throughout Europe) and put the non-contradictory application of competition law and the functioning of the EU internal market at risk. Claudio Tesauro & Francesco Russo (Bonelli Erede Pappalardo)
How to Enhance the Enforcement of EU Competition Law in the Absence of Harmonized Procedural Rules? The Case of the Portuguese Competition Authority
Limitations to the investigative powers of a competition authority set at the national level can be, at least to a certain degree, overcome by the use of cooperation mechanisms established at the EU level. Mariana Tavares (UN-PNUD/CADE)
Dealing with Protectionist Threats in EU Mergers and Acquisitions: Member State Reaction to the Exclusive Powers of the European Commission Under the ECMR
Member States have, in various occasions, voiced protectionist concerns that make it very likely that Article 21 ECMR will find new uses in times to come. Pedro Callol (Roca Junyent)
