Introduction Competition law is one of the cornerstones of the European internal market. Two of the main articles for European Competition Law are 101 TFEU and 102 TFEU, which respectively contain the prohibition on agreements and concerted practices restricting competition (Article 101), and prohibit companies with a dominant market position from abusing that position (Article 102). The enforcement of both prohibitions can be characterized as predominately ex post enforcement on the basis of a case-by-case approach. It is only after a breach has occurred – or an assumption of a breach has arisen – that the European Commission (the “Commission”) can initiate action. Although sector inquiries are possible, they only empower the Commission to request information and do not provide for any
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The EU Commission consults on a new competition tool and signals a road towards a more proactive approach to enforcement
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