Abstract The European Commission should consider introducing a second type of procedure for enforcing Articles 101 and 102 TFEU that excludes the option to impose a fine on the infringing undertaking. This procedure could be part of a reform of Regulation 1/2003, which is currently being revised. The presumption of innocence applies to any proceeding that may result in the imposition of fines, which includes the ‘beyond any reasonable doubt’ standard of proof. The demanding ‘beyond any reasonable doubt’ standard in conjunction with a substantive test based on an assessment of the conduct’s effects in any single case leads to long decisions and lengthy proceedings, binding up resources. In turn, opting out of the power to impose fines at the start of the procedure allows for a less strict standard of proof, which might shorten proceedings. This could enable the Commission to pursue more cases and prohibit harmful conduct more quickly. Thus, a procedure excluding fines could prove to be a valuable tool for enforcing competition law.
Ridder et al. (2025) studied this question.