Communication
The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing on the market with the quality, price and innovation of their products and services, contribute to the overall development of the economy.
In the aftermath of CCA international competition conference: Discussing 25 YEARS OF CHALLENGES AND SUCCESS
At the beginning of the conference the participants were addressed by Mirta Kapural PhD, president of the Competition Council, emissary of the Prime Minister Zdenko Lucić, State Secretary of the Ministry of Foreign and European Affairs, Bojan Fras, Deputy Governor of the Croatian National Bank and Antonio Capobianco, Deputy Head of the Organization for Economic Cooperation and Development (OECD).
The opening presentations were given by Olivier Guersent, the European Commission Director General of the Directorate General for Competition (DG COMP), Richard Whish, Professor Emeritus (University of London, Kings College) and PhD Professor Vesna Tomljenović, judge (General Court of the European Union).
The conference ran in three panels: “Ex-ante regulation and competition enforcement in digital markets”; “25 years of the CCA and 20 years of the Council Regulation 1/2003” and “Vertical rules – novelties and challenges”.
Prominent speakers from the EU member states, OECD, national competition authorities, business and academia, lawyers and judges discussed these important topics and used this opportunity to exchange experience and best practices.
The conference started with a panel with the OECD experts discussing the rapidly accelerated digital economy market. This new area poses a challenge for competent authorities throughout the EU and beyond.
DMA (EU Regulation) is expected to come into force soon and will regulate certain practices used by large platforms acting as “gatekeepers”. The Digital Markets Act puts an end to the ever-increasing dominance of Big Tech companies ensuring that no gatekeeper abuses dominant position to the detriment of other players that seek access to this market. Given their significant impact in the internal market and their most significant market power, they can prevent access to both consumers and customers. These new rules aim at eliminating adverse effects of the behaviour of these large internet platforms and ensuring fair competition and more choice for users.
Almost 20 years have passed since its adoption, and although the implementing measures have been adapted to developing markets, new technologies and changing ways of doing business, the procedural framework has mostly remained the same. Executive Vice President in charge of competition policy Margrethe Vestager stated: “… due to the challenges of digitization of the economy, improvements are possible or necessary in some areas. Now the existing rules need to be updated in light of the experience gained. Therefore, we invite interested parties to express their opinions on whether the EU framework for the implementation of competition rules continues to fulfil its purpose”.
The second panel was dedicated to “25 years of the CCA and 20 years of the Council Regulation 1/2003”. In June 2022, the European Commission launched a public consultation seeking feedback on the implementation of the Council Regulation 1/2003. At the time of its adoption, Regulation 1/2003 fundamentally reformed the way EU antitrust rules were implemented. Specifically: a system of direct application of antitrust rules was introduced; Member States are empowered to apply all aspects of those rules; cooperation between the Commission and national competition authorities has been strengthened and enforcement tools have been improved so that the Commission can better detect and deal with violations of the EU antitrust rules.
As for the third topic of the conference, new vertical rules (Vertical Block Exemption Regulation (‘VBER’) accompanied by the new Vertical Guidelines,) were discussed, which were adopted after a thorough evaluation and revision of the 2010 rules. The revised rules provide businesses with simpler, clearer, and up-to-date rules and guidance. The new rules will help them to assess the compatibility of their supply and distribution agreements with EU competition rules in a business environment reshaped by the growth of e-commerce and online sales. The revised VBER and Vertical Guidelines entered into force on 1 June 2022.
