Antitrust proceedings in two years? Is that even possible? Antitrust proceedings are not among the shortest, whether conducted by the Office of Competition and Consumer Protection (UOKiK) or the European Commission. This is often due to their complexity, the vast amount of evidence, or the number of participants. Procedural fairness is extremely important, and the authorities should thoroughly investigate the case in order to assess it correctly, but the side effect is a long wait for a decision. The German Monopoly Commission has published the 14th edition of its “Policy Brief” – a document containing analyses and recommendations on competition law. It includes, among other things, suggestions for changes in antitrust proceedings conducted by the European Commission. The Monopoly Commission points out that the proceedings are too long, which results in the risk of irreversible damage to competition. The response is to be, among other things, the introduction of a two-year deadline for the EC to conduct proceedings. It is not known whether this recommendation will ever come into force, but a discussion on the duration of antitrust proceedings—also in Poland—is certainly needed, although shortening them without harming the rights of the parties and while ensuring the effectiveness of the authorities is a great challenge. What do you think about this? Are such proposals feasible in the reality of the Office of Competition and Consumer Protection’s activities? The full text of the Policy Brief and all the proposals of the German Cartel Office can be found at the link in the first comment. Link to “Policy Brief”: https://www.monopolkommission.de/images/Policy_Brief/MK_Policy_Brief_14_en.pdf
