ORCID
Selçukhan Ünekbaş: 0000-0002-4795-1300
Keywords
European Union, competition, comfort letter, guidance, legal certainty
Abstract
Pandemic-induced economic shocks saw the European Commission and national competition authorities adopt so-called comfort letters to provide guidance, assurance, and legal certainty to undertakings in order to help mitigate the detrimental effects of the crisis. Whereas it is true that desperate times may call for desperate measures, the fact that the Commission continues to issue comfort letters for initiatives with little relevance to the ongoing emergency raises questions. This article analyzes the re-emergence of comfort letters from the viewpoints of legal basis and certainty. It finds that the foundations upon which the letters are constructed are shaky, which translates into the fostering of uncertainty. In that regard, explored are alternatives for Union enforcers to deploy a robust bespoke guidance regime for the future.
Recommended Citation
Ünekbaş, S. (2022). The Resurrection of the Comfort Letter: Back to the Future?. Yearbook of Antitrust and Regulatory Studies, 15(25), 37-61. https://doi.org/10.7172/1689-9024.YARS.2022.15.25.2
First Page
37
Last Page
61
Page Count
24
Received Date
13.06.2022
Accepted Date
27.07.2022
DOI
10.7172/1689-9024.YARS.2022.15.25.2
Publisher
University of Warsaw
Publication Date
2022-09-12
