The Constitutional Invalidity of the New Competition Tool… Even In Geopolitical Times

This article discusses Mario Draghi’s suggestion to battle increasingly uncompetitive markets in the EU by way of a so-called New Competition Tool (NCT). The NCT is a flexible tool that would extend the standard competition regime by allowing the Commission to investigate whether certain market features would cause markets to deliver less competitive outcomes than in the counterfactual without any such features and, if so, impose remedies without having to prove anticompetitive firm conduct. T