The limits of commitments in antitrust cases: The risk of an immediate upside being offset by long-term adverse consequences
The commitment procedure can be very attractive for companies suspected of having infringed competition law, which conveniently avoid an in-depth investigation and a potential fine. From the competition authorities’ perspective, it also constitutes an effective procedural tool to swiftly remedy a situation that prima facie raises antitrust concerns. However, beyond appearances, commitments may, in the long run, be offset by adverse legal and practical consequences that are often relegated in the background. With this in mind, this article aims at bringing to light the potential legal risks and practical difficulties for companies which may result from the commitment procedure.