Antitrust

Due process   

BusinessEurope is very supportive of transparency and predictability of 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 ensure 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. 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.