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In the current issue of the journal “Wirtschaft und Wettbewerb”, our expert Johannes Hartlieb examines the role of commitments in European antitrust law under the influence of recent ECJ case law.
Commitments are a popular instrument used by competition authorities to bring antitrust proceedings to a swift conclusion. A cartel fine is thereby avoided, so that the procedure also has significant advantages for the companies. However, an unrestrained use is not permissible. As Johannes Hartlieb points out in his monograph, the principle of proportionality imposes strict limits on the competition authorities’ use of commitments.
This was confirmed by a recent ECJ ruling on the inadmissibility of geo-blocking practices in the pay-TV sector. In this ruling, the ECJ clearly states that the use of commitments must not go so far as to interfere – disproportionately – in contracts with uninvolved third parties. This represents a departure from the previous case law of the Court of Justice. While this will not diminish the popularity of commitments, it does open up further legal protection options for the companies concerned.
For a more in-depth discussion of this topic, please refer to the monograph by Johannes Hartlieb published by C.H. Beck/Nomos.
25. January 2022