The Year 2005 at DG Competition: The Trend towards a More Effects-Based Approach

This first review of the European Commission’s Directorate General for Competition (DG COMP) gives an overview on DG COMP’s mandate and the main developments of 2005. The discussion includes institutional and policy developments, as well as the main competition policy decisions and Court judgments in the merger, antitrust, and state aid areas. It is argued that the trend towards a more effects-based analysis in EU competition policy had an impact on the assessment of competition cases, as well as on the development of soft law. For example, the effects-based approach was put high on the agenda with the publication of the Article 82 discussion paper. Similarly, the publication of the State Aids Action Plan (SAAP) launched a “more economic approach” in European state aid assessment. In line with its objective to focus resources on key sectors, two major inquiries were launched in the energy and financial sectors.The views expressed in this article are solely those of the authors and do not in any way represent an official position of the European Commission. Until 1 September 2006, Lars-Hendrik Roeller was the Chief Economist at DG Competition. He is now the President of the European School of Management and Technology (ESMT) in Berlin and a Professor at Humboldt University.