Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-10-08-Speech-3-125"
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"en.20031008.11.3-125"2
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"Mr President, the Commission has proposed a new regulation on concentrations between undertakings, as part of the broader project of updating the legislation on violations of competition rules and the effects such violations might have on the proper functioning of the single market. This is an extremely sensitive area, in which legal certainty should be enhanced and administrative procedures made more flexible. The transparency and monitoring of decisions, and appeals against them, should also be improved, as should the active, dynamic and appropriate participation of all the parties involved in undertakings.
Concentrations or mergers between undertakings are a fundamental economic and legal process. They make the markets more dynamic, help undertakings to restructure and encourage economies to grow. This process cannot and should not be perceived as leading inevitably to the abuse of a dominant position. A very clear distinction must be drawn between, on the one hand, the whole business of investigating violations of competition rules following allegedly irregular behaviour and, on the other, the normal process of monitoring a merger, which should, as a matter of principle, be accepted as legal and in accordance with the rules governing the market.
That is why the amendments already approved by the Parliamentary committee, and those to be tabled in plenary, in particular by the Group of the Party of European Socialists, are of fundamental importance. In Community legislation and its underlying political philosophy, competition is not an end in itself. It is, rather, an instrument with which to achieve and attain the Union’s major goals.
Extreme caution is needed, therefore, when adopting European Union legislation with a view to substantially reducing competition (such laws exist in other legislative systems, in particular in the United States). It is only right for the final positions of the Parliamentary committee and the rapporteur to reflect this caution. It should not be forgotten, furthermore, that the majority of those consulted in business circles expressed reservations and concerns about the adoption of new legislation, especially in view of the fact that the legislation on abuse of the dominant position has worked well up to now.
The efforts made by the Commission to table this proposal for a regulation, following the December 2001 Green Paper, are much to be commended, and deserve Parliament’s support overall. It is crucial, however, that some amendments be introduced to improve the text of this report, emphasising legal certainty and, above all, highlighting the role which workers in the merging undertakings should play. The workers should oversee the whole process and provide not only relevant information but also guarantees that the operation in question will be an economic and social success."@en1
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