ITIF filed comments with France’s Ministry of Economic Affairs in answer to its public consultation ahead of the transposition into French law of the EU Directive “ECN+,” which updates the powers of national competition authorities.
The consultation sought advice as per the new procedural rights and obligations granted by the EU directive to the French competition authority (“Autorité de la Concurrence”).
ITIF argued that improvement of competition law enforcement’s efficacy and effectiveness is to be praised as a matter of principle. But organizational efficiencies should not be an opportunity to enforce precautionary measures in innovation markets—such as greater use of interim measures and a weakening of the procedural safeguards pertaining to fundamental rule-of-law principles. The procedural improvements must go hand in hand with a reflection of the substantive enforcement of competition rules in innovation-driven markets.