The BDI is committed to open markets and effective competition control by the European Commission and national competition authorities. In view of the significant demands of transformation and growing geopolitical challenges, Europe needs a competitive regulatory framework that promotes innovation, facilitates investment and reduces unnecessary administrative burdens. The aim must be to create the right conditions for growth, for the emergence of internationally competitive companies and for strengthening Europe as a business location. This requires a balanced approach that ensures fair competition in the single market whilst also taking due account of innovation capacity, investment incentives, resilient value chains and the global competitiveness of European companies.

Persecute anti-competitive behaviour - Encourage pro-competitive behaviour

Within the framework of competition law, antitrust law is intended to ensure that companies operate independently of one another in the market and compete with each other. Anti-competitive behaviour must be strictly penalised, whilst pro-competitive behaviour must, in turn, be encouraged. Many antitrust infringements can only be uncovered through internal compliance efforts within companies. Comprehensive and effective group-wide compliance efforts should therefore under no circumstances result in higher fines or be used as evidence or an indication of a parent company’s (joint) liability for its subsidiaries. Appropriate and effective compliance measures must be taken into account when determining the level of fines. This provides a clear incentive for the introduction of effective compliance systems aimed at preventing offences.

Promoting business cooperation

In this age of digitalisation, artificial intelligence and decarbonisation in particular, business cooperation and new forms of collaboration are playing an increasingly important role. Changing markets and challenges require companies to act more agilely and to cooperate more frequently in order to facilitate innovative digital solutions, the transition to climate neutrality, interoperability and the development of new technological standards and production processes. European companies must enter into partnerships, form part of ecosystems and participate in creative formats such as hackathons in order to foster innovation. This is all the more necessary if they are to compete successfully on the global stage and strengthen their technological sovereignty. Eliminating grey areas in competition law relating to business collaborations, as well as the possibility of early, informal dialogue with competition authorities regarding new collaborative projects, are crucial in this regard.

In particular, there is a great need to develop sustainable solutions to reduce harmful environmental impacts and, in the context of climate protection, to cut CO₂ emissions. In many cases, better and faster solutions require collaboration between companies. Corporate partnerships aimed at achieving sustainability goals that go beyond legal requirements must not, in view of the transformation objectives, be prevented by an overly narrow interpretation of competition law. At the same time, collaborations aimed at strengthening the resilience of supply chains, securing critical technologies and enhancing the competitiveness of European value-added networks are also gaining in importance. There is currently a great deal of movement in this area. It would also be worth considering the establishment of regulatory sandboxes or experimental spaces for testing new, sustainable and innovative practices.

Merger Control Designed for the Future

Effective merger control protects competition while also taking appropriate account of economic developments, innovation processes, and the realities of global competition. In a forward-looking assessment of mergers, greater consideration should be given to factors such as competitiveness, resilience, innovation, economies of scale, and demonstrable efficiency gains. Clear notification thresholds, reliable safe-harbour rules, and legally secure procedures are needed to ensure that regulatory review focuses on mergers that are genuinely relevant to competition, while avoiding unnecessary administrative burdens for businesses.

Safeguarding Competition Between Private and Public Providers

Competition law should not only protect companies from unfair practices by other private market participants. Competition between private and public providers must also be safeguarded. A noticeable shift has taken place in the area of public service provision. The sector encompassed by the vague term “services of general economic interest”—which was previously provided by the federal government, the states, and local municipalities as a matter of public authority—is now increasingly being offered as a service by private companies. This is because economic activity is not one of the public sector’s primary functions. The liberalization of the telecommunications, postal, and energy markets has noticeably improved basic services for citizens. This makes it all the more important to create a level playing field between municipal and private providers. Contrary to the worrying trend toward re-municipalization, the BDI advocates a return to the core principles of the regulatory framework governing municipal economic activities.

Using State Aid in a Targeted Manner

Investment in Europe is driven primarily by growth, innovation, competitive framework conditions, open markets and swift, unbureaucratic procedures – not by state aid. Nevertheless, public funding may be necessary to support businesses through the green and digital transitions, to assist in building the necessary infrastructure, to promote innovation and to develop new technologies. Against a backdrop of intensified international competition, geopolitical uncertainties and the aim of strengthening Europe’s competitiveness and resilience, state aid can make an important contribution. However, state aid must be targeted at areas where it actually supports the competitiveness of European industry in the global marketplace and contributes to the European Union’s strategic objectives. In this regard, a high level of discipline regarding state aid at national level, as well as effective state aid control by the European Commission, remain essential.