Cartel Policy Change in the European Union?

On 28 April 1999 the Commission of the European Union (European Commission) published the White Paper on the Modernisation of the Rules Implementing Articles 85 and 86 of the EC Treaty. In the Paper it invites all interested parties to submit their observations on the reform proposals outlined in the document by 30 September 1999. The German Monopolies Commission responds to this request in the form of a Special Report pursuant to Sec. 44, para 1, sentence 4 of the Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschrankungen - GWB). It does not dispute the basic need to reform the procedural rules relating to Arts. 81 ff. of the EC Treaty. However, it does not view the approach proposed by the European Commission of switching from the current system of authorisation to a directly applicable exception system as the best way to achieve the desired goals. On the contrary: the system switch in European antitrust law considered by the EU Commission involves high risk in terms of competition policy. There are other, more proportionate options that ensure commitment to "the principle of an open market economy with free competition" (Art. 4, para 1 EC Treaty).