Competition law is a complex and often misunderstood legal discipline, even among experienced legal practitioners, particularly when navigating the nuances of antitrust regulation.
The abuse of a dominant position may occur frequently in certain industry sectors that are prone to abuse (e.g. in various digital sectors). Very often even important players have difficulties to understand the legal implications of anti-competitive practices and behaviour. Such conduct may have far-reaching legal consequences such as the invalidity of arrangements and related agreements as well as the risk of liability for fines and damage claims by negatively impacted parties and even versus consumers.
The same is true for anti-competitive agreements, decisions or concerted practices among competitors (so-called cartel offences).
In all these cases, one would have to distinguish between scenarios that relate to markets and trade affected between EU member states or even within the European economic area (EEA) or practices that only affect one market and trade within a single country or EU member state.
Many actors are aware that anti-competitive practices or conduct may lead to fairly serious fines that can be issued by the competition authorities and by the courts. However, numerous parties are unaware that related agreements and decisions can be qualified as null and void, and the actors run the risk of being held legally liable for damages payable to negatively impacted parties.
Practices that distort competition within the EU internal market or the European Economic Area (EEA) must be assessed under European competition law, specifically Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). These regulations are directly applicable to all economic activities across the EU and can be enforced through national courts.
Furthermore, concerned actors may always consider launching a complaint before the European Commission (Directorate General Competition) against any abuses or cartel practices. The advantage of such complaints is that the complainant does not have to pay any procedural fees for such procedures except for its own fees for the assistance of its legal counsel. The competition authorities however retain their own discretion as to which complaints they will pursue and they may decide on their own priorities.
In the event of practices, decisions or agreements that only affect trade within one member state it will be more appropriate to address the national competition authority of the country concerned (e.g. the Dutch “Autoriteit Consument & Markt”, the German Cartel Office “Bundeskartellamt”, the “Belgische Mededingingsautoriteit”) or the local court.
Furthermore, parties concerned may consider tipping off certain practices that they have experienced as part of their activity with the relevant competition authorities.
In all scenarios, it is crucial to obtain competent legal advice related to antitrust law before taking any steps.
In the event of any involvement in anti-competitive practices we would recommend seeking competent legal advice as a priority and as early as possible. Every antitrust case needs to be looked at on an individual basis. There are multiple possibilities to report such misconduct and practices.
In the event of any involvement in anti-competitive practices we would recommend seeking competent legal advice as a priority and as early as possible. Every case needs to be looked at on an individual basis. There are possibilities to report such conduct and practices.
Those who take the initiative to signal any own misconduct may apply for a leniency decision or immunity provided that the practices or conduct is reported at an early stage, and ideally as the first party reporting an illegal conduct in a particular case.
The expert team of our Competition Lawyers provides advice and assistance on the following matters:
