Modern challenges in competition enforcement and the need for clearer goals of competition law

Abstract

Abstract The debate over the goals of competition law and the standard by which to apply it have been around, more or less, ever since competition laws were first enacted. In principle, they influence every decision made by a competition enforcer or a court, whether this decision is around cartels, mergers, abuse of dominant position or even advocacy. In recent years competition authorities have been operating in an environment which is unprecedently challenging. Enforcement in digital markets and labour markets, as well as the interplay between competition and environmental policy and the green transition, shift competition enforcement to undiscovered territories. With these contemporary challenges, enforcers are far more frequently faced with the need to have a clear perception of the goal of competition law and the standard according to which to apply it to make enforcement decisions. the need for clarifying, or even redefining, the goals of competition law and the standards by which these goals are achieved, should be seriously considered by the enforcers as well as by the policy makers, who, from a democratic perspective, should be the ultimate decision makers on policy issues. The need for legal certainty presents yet another argument in the same direction.