June 16, 2026, 17:58 GMT | Insight
Taking public interest arguments into account in competition assessments represents a "huge danger," according to Germany's top antitrust enforcer. But the head of the Dutch competition authority disagreed, saying it was important that competition authorities strive to be "relevant" to the policy goals of the present "if allowed by the law."
Taking public interest arguments into account in competition assessments represents a "huge danger," according to Germany's top antitrust enforcer.
"Public interest is the opportunity for policy to sneak into competition assessment," Andreas Mundt said.
Speaking at a conference* in Brussels, the president of the German competition authority said his agency faced intense political and public pressure during the recent fuel-price debate, with many expecting the watchdog to intervene directly to lower prices.
Mundt said competition policy itself often receives limited political support, raising concerns about growing calls to incorporate broader public-interest considerations into antitrust assessments.
"I always find a problem is, who defines what is of public interest," he said, noting that governments increasingly identify goals such as sustainability, jobs, growth and competitiveness as matters of public interest.
Martijn Snoep, the head of the Dutch competition authority, disagreed, saying "there should be a possibility" for enforcers to consider such priorities.
It is important, he argued, that competition authorities strive to be "relevant" to the policy goals of the present "if allowed by the law."
"We all believe in competition, but the outside world doesn't," he said. "What's crucial is that we are facts- and evidence-based."
Mundt cautioned against allowing policy objectives to influence competition enforcement.
"That is the huge danger of taking into account public interest, because it opens the gate for policymakers."
While acknowledging there is "a lot of appetite for public interest" in Germany, Mundt said the
Bundeskartellamt tries to resist that approach and maintain a clear distinction between competition enforcement and policymaking.
He noted that instances when the German government had overruled the competition authority's merger decisions had not been successful (see
here).
Snoep said the Dutch authority had been overruled once in recent years by the Dutch government, which approved the acquisition of Sandd by the national postal service PostNL.
He said the move had created a monopoly in the "hands of private shareholders," prompting a litany of complaints from consumers and businesses calling for the competition authority to intervene.
"This shows how dangerous it is to have political interference in merger policy if the facts and evidence are not given priority," he said.
*European Competition Forum Midsummer Meeting, Brussels, June 16-18, 2026.
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