GA Leads Groundbreaking Evaluation of EU Antitrust Remedies

Brussels, February 25, 2025 – GA has successfully led a multidisciplinary consortium in a landmark project for the European Commission’s Directorate-General for Competition. The project, titled “Ex Post Evaluation of the Implementation and Effectiveness of EU Antitrust Remedies,” represents a significant achievement in the field of competition law.

Comprehensive Analysis and Legal Expertise

GA managed all legal aspects of the project, showcasing its unparalleled expertise in competition law. The consortium’s work involved a thorough examination of the implementation and effectiveness of antitrust remedies imposed by the European Commission over the past 20 years. This included remedies related to agreements (excluding cartels) and abuse of dominant positions under Articles 101 and 102 TFEU.

Key Findings and Insights

The report provides a detailed analysis of over 100 remedy decisions and includes 12 in-depth case studies. These case studies offer valuable insights into the practical challenges and successes of antitrust remedies. The findings reveal that while the majority of remedies were fully implemented, less than half were fully effective in achieving their intended objectives. This highlights the need for continuous improvement in the design and monitoring of antitrust remedies.

Recommendations for Future Practices

Based on the comprehensive analysis, the report offers several recommendations to enhance the effectiveness of antitrust remedies. Key recommendations include:

  • Ensuring remedies not only stop anticompetitive behaviour but also prevent its recurrence and remove its adverse effects.
  • Removing the statutory subordination of structural to behavioural remedies under Article 7.
  • Enhancing the role of monitoring trustees and considering the appointment of independent advisors in complex cases.
  • Encouraging the use of interim measures and market testing for both Article 7 and Article 9 remedies.

A Collaborative Effort

GA’s leadership in this project underscores its commitment to advancing competition law and policy. The consortium’s collaborative effort, which included economic analyses by Nera, aims to enhance the understanding and application of antitrust remedies, ensuring fair competition and market integrity within the EU.

Looking Ahead

GA’s work on this project sets a new standard for the evaluation of antitrust remedies. The insights and recommendations provided in the report will serve as a valuable resource for policymakers, legal practitioners, and competition authorities, guiding future enforcement practices and policies

Keep in touch!

Iscriviti alle nostre newsletter!

Rimani sempre aggiornato sulle novità legislative e fiscali nazionali
ed internazionali, oltre a tutti gli eventi e le iniziative dello Studio.

Back
to top