The Commission for the Protection of Competition, under the Cyprus Presidency of the Council of the European Union, held a Conference for the European Competition Day on the 2nd of October 2012. The subject of the Conference was the Effective Enforcement of Competition Rules in the EU. Mrs Christodoulou, the Chairperson of the Commission for the Protection of Competition in Cyprus, in her welcoming speech underlined the importance of effective enforcement of competition rules and the central role it plays in the process towards economic recovery.
In his opening speech, Commissioner Almunia, Vice-President of the European Commission emphasized the importance and outlined the benefits of effective enforcement of Competition Rules in the EU. Mr. Almunia placed particular emphasis on the role that competition authorities play in the market economy of the EU and pointed out that the actions of EU competition authorities have broader implications that will help to overcome the recession, return to growth at sustainable pace and advance the progress of integration.
The Minister of Finance and the Minister of Commerce, Industry and Tourism of the Republic of Cyprus, judges from the European Courts and the High Court of England and Wales, the Director General and representatives from the Directorate General of Competition, representatives of competition authorities and consumer protection agencies, experts specializing in the field of competition law from international organizations, lawyers, economists, academics, as well as representatives from the business world of Cyprus have attended the Conference held in Nicosia.
The panelists discussed three topics and provided useful information towards enhancing the effective enforcement of Competition Rules.
The first panel discussed actions for damages: recent developments in the Member States and the forthcoming EU proposal. The need to establish an effective system of private enforcement was emphasized by all speakers and a number of concerns were identified. These concentrated on issues of standing, the passing-on effect used as a defense by cartelists, the characterization of damages, the difficulties arising from the quantification of damages and the inquiring as to the binding-effect of such decisions. Moreover, following the Pfleiderer case, concerns were raised in relation to the access to file of applicants and greater emphasis was placed on leniency applicants. It was stressed that on the one hand leniency applications must be protected and on the other hand, it was pointed out, that there must be a balance regarding what to disclose and what not to. In panel I, the distinguished speakers were Dr. Savvas Papasavvas, Judge at the General Court of the EU, as the mediator, Sir Justice Gerald Barling, President of the Competition Appeal Tribunal and High Court judge from the United Kingdom, Mr. Eddy De Smijter, Deputy Head of Unit A1, DG Competition of the European Commission and Dr. Assimakis Komninos, Lawyer at White &Case LLP, Reach fellow University College London.
The second panel’s topic for discussion was Effective Competition in Food Sector and Retail Markets. Food Sector and Retail Markets are under scrutiny by most competition authorities. It was pointed out that there is an increasing need, especially taking into consideration the severe economic conditions of most Member States, to keep these markets competitive for the benefits of consumers. It has been agreed that retail markets in general and the food sector more specifically, are very important as they interact with other sectors of the economy, play a significant role in Europe’s economies and have a direct impact on the welfare of society. Examples of intervention have been discussed relating to the Greek retail markets and the food sector. More examples were also given relating to the French, German and English retail markets and the food sector, all of which demonstrate that there must be a strong bond between enforcement and advocacy and that Competition authorities should not refrain from enforcement. Also the buyer power was an issue that was discussed in length and it was suggested that it should not be an excuse for violating competition law. In this panel, the distinguished speakers were Dr. Alexander Italianer, Director-General of DG Competition of the European Commission, who was the mediator, Mr. Andreas Mundt, President of Bundeskartellamt, Germany, Mr. Bruno Lasserre, President of the Autoritι de la Concurrence, France, Mr. Philip Collins, Chair of the Office of Fair Trading, United Kingdom and Mr. Dimitrios Louka, Vice-Chairman of the Hellenic Competition Commission.
The topic of discussion in the third panel was Enforcement of competition rules in Member States: Opportunities and Challenges for National Competition Authorities - Cooperation and ECN Coordination. There was a common understanding between speakers that the Cooperation and ECN coordination has contributed positively to the effective enforcement of Competition rules amongst Member States. Nonetheless, and despite the usefulness and importance of these tools all speakers in Panel III have outlined a number of challenges. In essence, the main challenges faced by most Member States are the effective enforcement of the leniency programme, the need to carry out market research on a regular basis that will provide accurate results on the subject matter of each case, the need to establish the right procedures that will enhance due process and the need for more clarity in Court decisions. In this final panel, the distinguished speakers were Ms. Dorothe Dalheimer, Deputy Head of the ECN Unit, DG Competition of the European Commission who was the mediator, Ms. Clarα Guzman Zapater, General Director, Investigations Directorate, National Competition Commission, Spain , Mr. Jacques Steenbergen, Director General of the Belgian Competition Authority , Dr. Theodor Thanner, Director General of the Federal Competition Athority Austria and Ms. Christiana Sideri, Director of the Service of the Commission of the Protection of Competition of the Republic of Cyprus.
The materials of the Conference can be downloaded from the official website of the Commission for the Protection of Competition.
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