The first CDS Talk of the 2025-2026 academic year welcomes Fernand Braudel Fellow Maciej Bernatt, who will discuss his recent paper "Politicisation of competition agencies".

The paper aims to clarify how to distinguish between forms of politicization that can be perceived as neutral and those that pose systemic risks to competition agencies. The paper explains that such risks arise when politicization involves the implementation of illiberal politics-that is, politics that reject key tenets of constitutional democracy and entail the arbitrary use of state economic powers-thereby undermining the rule-of-law-based character of competition law enforcement.

The description of patterns of this impermissible politicization (referred to as the 'illiberal blueprint') is intended to help identify when red lines have been crossed. The illiberal blueprint includes, among other features, interference in the competition agency's decision-making processes, erosion of its independence, attrition of senior staff, restrictions on the scope of the agency's powers, politically motivated enforcement, self-restraint in cases involving politically connected firms, as well as political pressure on courts and judges.

The paper draws on lessons from Hungary and Poland and compares them with recent developments in the U.S. since January 2025, particularly those involving the Federal Trade Commission. The article tentatively concludes that the patterns emerging in the U.S. today are not unique but align with those observed in other countries experiencing democratic backsliding and rule of law crisis.

The paper can be accessed here: https://ssrn.com/abstract=5375480