Almunia: “The goal is to apply competition rules fairly but firmly”
15 February 2010
At the 1st Annual Conference of the Institute for Competition Law, Almunia said the Commission will be focused on state aid to ensure it does not create an unfair market. Bilateral and multilateral cooperation between the EC and competition authorities of third countries will be an essential issue.
The European Commission should, in Alumnia’s view, make efforts to better communicate, convince and spread the benefits of competition. But as the competition authority, it must also remain vigilant and ensure further breaches of competition law and punish them with fines as a deterrent. The rational and effective application of the EC’s competition rules is the best possible incentive for companies to comply.
He said that the economic crisis does not justify a revision of the fines criteria established four years ago. In each case, the fines should be based on a principle of effective deterrence of unlawful conduct and the principle of proportionality. The legislation contains, since its origin, a maximum amount of fines: ie 10 per cent of the total turnover of the group, made the year preceding the decision. This already gives us an "automatic stabilizer", which ensures that fines are not excessive for the capacity to pay of the cartel members. It has rarely reached that limit in the past.
On international cooperation, he said that competition policy is not exclusive to the European market. The national competition authorities play a key role in disseminating a culture of competition in Europe and in the application of EU rules and national competition. He referred in particular to the Competition Authority in France, one of the most active authorities which undoubtedly occupies an important place within the European Competition Network, which brings together the Commission and national authorities.
He would also pursue bilateral and multilateral cooperation and convergence between the European Commission and competition authorities of third countries throughout the world.
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