International Antitrust Law & Policy: Fordham Corporate Law 2001 - Hardcover
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Chapter 2
CONTINUED FOCUS ON REFORM: RECENT
DEVELOPMENTS IN EC COMPETITION
POLICY
Dr. Alexander Schaub†
I. INTRODUCTION
EC competition law has in recent years experienced an unprecedented
reform drive, which is bringing fundamental change to the enforcement
landscape in Europe. These reforms cover both the substantive rules and the
procedural frameworks.
In the substantive field the Commission is bringing its rules in line with
market realities and contemporary economic thinking by adopting a more
economic approach. The new rules on vertical restraints and on horizontal
cooperation agreements1 are clear examples thereof. Subject to a list of
hardcore restrictions, these new instruments provide a safe harbour for
companies that do not exceed certain market share thresholds and therefore
are presumed to have only insignificant market power. This approach is also
reflected in the new draft notice on agreements of minor importance2 – the
so-called de minimis notice – which is proposing to raise the de minimis
thresholds. It is also the reason why the Commission is contemplating a
thorough review of the existing rules in the field of technology transfer
agreements.
Director General, European Commission, DG Competition, Brussels. The author thanks Mr. Lars Kjolbye, DG Competition, for his contribution to the preparation of this paper.