Select Committee on European Scrutiny Twenty-First Report


16 Competition policy

(25592)

8923/04

COM(04) 293

Commission Communication: A pro-active competition policy for a competitive Europe

Legal base
Document originated20 April 2004
Deposited in Parliament30 April 2004
DepartmentTrade and Industry
Basis of considerationEM of 17 May 2004
Previous Committee ReportNone
Discussed in Council17 May 2004
Committee's assessmentPolitically important
Committee's decisionCleared, but relevant to the Commission Communication on industrial policy already recommended for debate

Background

16.1 A new competition regulatory framework came into effect on 1 May 2004 — the day ten new Member States joined the EU. The Commission has taken that as an appropriate moment to publicise its new approach to competition policy.

The document

16.2 In the introduction to its Communication the Commission says it intends to follow a proactive competition policy in order to promote a competitive Europe — an important aim of the Lisbon Strategy.[43] It says such a policy is characterised by:

"improvement of the regulatory framework for competition which facilitates vibrant business activity, wide dissemination of knowledge, a better deal for consumers, and efficient economic restructuring throughout the internal market; and

"enforcement practice which actively removes barriers to entry and impediments to effective competition that most seriously harm competition in the internal market and imperil the competitiveness of European enterprises."

The Commission notes the relevance of this policy to other policies contributing to the Lisbon Strategy, drawing particular attention to its Communication on industrial policy, which we have recommended for debate in European Standing Committee C.[44]

16.3 In a section about the contribution of competition policy to competitiveness and economic growth the Commission argues that competition is a driver of productivity growth and delivers tangible benefit and that good competition policy supports competitiveness.

16.4 The following section describes a regulatory framework to foster competitiveness and economic growth. It notes three themes in the new framework:

"competition strategies of enterprises should to the largest possible extent be submitted to a unified legal framework throughout the European Union;

"competition rules as well as their enforcement in individual cases will be based on a more economic effects based approach; and

"competition enforcement procedures will become more transparent, streamlined and simplified without losing their effectiveness."

16.5 This section then describes the main policy instruments dealing with anti-trust matters, merger control and state aid. On the latter the Commission looks forward to the review and renewal of the present state aid rules due in 2005 and 2006, mentioning amongst other elements regional aid policy and support for research and development. This section also looks at the international aspects of competition including cooperation on competition policy with the USA, Japan and Canada and negotiations in the World Trade Organisation on a framework agreement on competition.

16.6 The final section of the Communication covers enforcement practice in support of effective competition. The Commission says enforcement will be focussed on detecting obstacles to competition, particularly mentioning dealing with cartels, monitoring liberalised utility sectors, the liberal professions and financial services and developing enforcement of state aid policy.

16.7 The Commission's Communication concludes:

"Effective competition in the EU internal market makes, through improved productivity and innovation, a decisive contribution to the competitiveness of the European industry. A pro-active competition policy will act as a catalyst unleashing more competition across Europe thereby also helping to better achieve the Lisbon objectives."

The Government's view

16.8 The Minister of State for Industry and the Regions and Deputy Minister for Women and Equality, Department of Trade and Industry (Jacqui Smith) says:

"The Government has since last summer been encouraging the Commission's Directorate-General for Competition to adopt a more pro-active competition policy both as a driver of productivity and as a contribution to the economic reform agenda set out for Europe by the Lisbon strategy. The Communication is therefore a very welcome response to that agenda, and one which the Government has actively influenced, encouraged and supported."

Conclusion

16.9 This document gives a useful and largely encouraging summary of developments in competition policy. We clear the document, but we note that it is relevant to the Commission Communication on industrial policy which we have recommended for debate in European Standing Committee C.


43   The policy to make Europe the most competitive and dynamic knowledge-based economy in the world by 2010. Back

44   (25580) 8875/04: see HC 42-xx (2003-04), para 2 (18 May 2004). Back


 
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