Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-04-23-Speech-1-231"
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"en.20070423.23.1-231"2
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"Mr President, Commissioner Kroes, ladies and gentlemen, the existence of economic freedom, the functioning of the internal market and the sustainability of European development are inextricably linked to the competition policy. Since the Treaty of Rome was signed 50 years ago, its importance has continued to grow. Competition is an indicator of European vitality and excellence, a key policy in terms of fulfilling the Lisbon Strategy and achieving the Union’s objectives.
We must compensate for imbalances and ensure that liabilities are met, without violating the principle of equality of arms or artificially stimulating litigiousness. The aim is to encourage the rational use of legal actions and not judicial activism, and above all to promote the amicable and early settlement of disputes.
Community competition is an exclusive competence of the European Union. National administrative and judicial procedures do not alter that and they must not prevent the existence of common guidelines for penalties, in accordance with the principles of better legislation.
I shall end by thanking the rapporteur for the Committee on Legal Affairs, Mr Doorn, for his valuable cooperation, the shadow rapporteurs for their help and the Members who have tabled amendments for their contributions.
I appreciate the constant and exemplary dialogue maintained with the Commission during the drawing up of the report and I would urge the Commissioner to carry on demonstrating her commitment in the next White Paper.
Anti-competitive infringements make the game unfair, impact on flows of exchanges amongst Member States and damage confidence in the rules. They reduce the Union’s dynamism and results. It is important that we have dissuasive and reactive mechanisms.
Infringements have been dealt with principally by means of public actions of an administrative nature. The centralisation of the application of Article 81(3) — through
control by the Commission, toned down by means of the exemption regulations from the 1980s onwards — was a victim of its own success; the demand for more and better competition revealed its economic inefficiency and its legal shortcomings.
The role of private actions was stressed by the Court of Justice of the European Communities when the 2001 Courage v. Crehan judgment recognised that anybody could have recourse to national judicial bodies in order to claim damages resulting from the actions of the infringer.
The modernisation of Regulation (EC) No 1/2003 of the Council put an end to the Commission’s monopoly and recognised a more open system, applicable in a decentralised manner by the administrative authorities making up the network of Community competition authorities and also directly by the national judicial authorities.
The possibility of private actions is nothing exotic, but rather a return to the classic jurisprudence according to which Community law imposes obligations on the States and on private individuals, and has vertical and horizontal effects that require judicial protection. Their use in the Member States – according to a study ordered by the Commission – is extremely diverse and entirely underdeveloped – unlike in the United States, where nine out of every ten application procedures are judicial. The rapporteur takes a positive view of the Commission’s publication of a Green Paper to identify the obstacles standing in the way of private actions and to find ways to remove them.
In an advanced system of competition, public action against the impunity of infringer undertakings should be backed with private actions against immunity and indemnity in relation to the damages suffered by the victims of their actions. Facilitating private actions will make the competition rules more effective. The arguments for it include both efficiency and justice. The imposition of fines is insufficient unless accompanied by private actions to prevent the infringer from gaining advantage compared to competitors as a result of the infringement and to compensate the victims of the damages caused. The report takes the view that public and private actions form two pillars with the complementary aim of safeguarding market discipline in the public interest and protecting the private interests of players on that market.
The application of Community competition law by administrative and judicial authorities must not lead to any lack of uniformity in its application. Judgments must not be allowed to vary according to the authority making it. This is a crucial point. The Community acquis and the effectiveness of leniency programmes must be maintained, public and private actions must be coordinated and cooperation amongst all of the competent authorities must be intensified.
The report proposes a Community model in line with the Union’s legal culture, which takes account of the Member States’ legal traditions. It opposes a slide towards the US model, since it is not in favour of introducing that model’s peculiar characteristics, such as judicial bodies consisting of non-professionals, ‘class actions’, punitive damage payments of three times the damage occasioned, strict requirements on the disclosure of documents and the system of lawyer’s fees and litigation costs."@en1
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