In the context of the intense debate about the role of competition policy in an increasingly digital and globalised economy, the European Commission (the “Commission”) has concluded that ensuring the fair functioning of markets may require a more holistic and comprehensive toolbox than that currently at its disposal. This toolbox would be comprised of three “pillars”: First, the continued and vigorous enforcement of existing competition rules; Second, the possible ex-ante regulation of digital platforms, including the imposition of additional requirements on those undertakings which play a gatekeeper role; and Third, a new competition tool (“NCT”) to deal with structural competition problems which cannot be tackled effectively
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The EU Commission proposes a new competition toolbox targeting structural risks to competition and markets characterised by a structural lack of competition
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