Enforcement of Competition Law in Times of Crisis: Is Guided Self-Assessment the Answer?

Wardhaugh, B

Abstract

One common criticism of the EU’s competition regime is that it hinders adequate mitigation of crises by preventing a collaborative response to the problem. We suggest that this view is incorrect. We suggest that a collaborative response is unlikely to effectively mitigate most problems. Yet some forms of cooperation can facilitate a crisis solution. These may be at the margin of legality, giving uncertainty as to whether the proposed practice is permitted. With the possibility of significant penalties for competition infringements, most undertakings will not engage in such cooperative practices. There are significant legal and institutional impediments to providing this Guidance. Such gaps lead to uncertainty found in the nature of the EU competition rules and in NCA practice. We argue that the means forward is with greater engagement and guidance by the Commission and NCAs.

Citation

Wardhaugh, B. (2022). Enforcement of Competition Law in Times of Crisis: Is Guided Self-Assessment the Answer?. Yearbook of Antitrust and Regulatory Studies, 15(25), 63-86. https://doi.org/10.7172/1689-9024.yars.2022.15.25.3

• Journal Article Type: Article
• Acceptance Date: Aug 22, 2022
• Publication Date: 2022
• Deposit Date: Oct 10, 2022
• Publicly Available Date: Jun 28, 2023
• Journal: Yearbook of Antitrust and Regulatory Studies
• Print ISSN: 1689-9024
• Electronic ISSN: 2545-0115
• Publisher: Centre for Antitrust and Regulatory Studies, University of Warsaw
• Peer Reviewed: Peer Reviewed
• Volume: 15
• Issue: 25
• Pages: 63-86
• DOI: https://doi.org/10.7172/1689-9024.yars.2022.15.25.3
• Public URL: https://durham-repository.worktribe.com/output/1189752