3 - A European Market Investigation

Summary

This chapter discusses the institutional set-up and procedural design of a possible future European market investigation regime. The institutional framework and procedural rules must be tailored to promote the core goals of the new instrument, namely to address competition problems that do not primarily follow from conduct, but from „features of the market“, such that a European market investigation – contrary to traditional infringement proceedings – will not be of a quasi-criminal nature, but a purely administrative proceedings, and to allow for a particular timely intervention. Against this background, the following questions are raised: How does the market investigation regime interact with Article 101 and 102 TFEU enforcement and sector inquiries at the EU level and at the national level? How can the procedure be structured such as to allow for a timely and effective intervention? What can be done to allow for a less adversarial and more participative interaction between the Commission and market actors? Furthermore, the remedial regime, voluntary commitments, the possibility for interim measures and judicial review are discussed.