The Shadow Procedure Rises
Today, Prof. I. Govaere kindly invited me to give a Jean Monnet lecture at the University of Ghent.
The subject was “Public and Private Enforcement of EU Competition Law”. My slides can be found below.
The main point of my presentation was the following: a textual reading of Regulation 1/2003 suggests the existence of a single procedural framework for competition enforcement.
However, my impression is that altogether, several recent legal innovations are giving rise to a “shadow enforcement procedure“.
Under this procedure, the Commission can achieve more in terms of remedial outcomes, with less in terms of evidence.
And if, up to this point, the Commission has (wisely) not yet exploited the full potential of this procedure, it may one day be able to extort even more intrusive remedies from parties without ever having to prove an infringement of Article 101 and/or 102 TFEU. A bleak prediction indeed.
I just wish I have the time to write a full-blown paper on this.