Enforcement of Articles 81 and 82 EC under Regulation 1/2003: The Case of Spain and Portugal

Abstract

The purpose of this article is to provide an overview of the most relevant enforcement practice of Articles 81 and 82 EC by the Spanish and Portuguese competition authorities and courts since the entry into force of Regulation (EC) 1/2003 on 1 May 2004 and the coming into operation of the European Competition Network (ECN). The cases analysed show the interplay between national procedural rules and those of Regulation 1/2003 and the problems companies are facing as regards the coherent and uniform application of the EC competition rules. Particularly in Spain, private enforcement of the EC competition rules is clearly gaining momentum as can be seen in a series of judgments awarding damages and applying Articles 81 and 82 in contractual disputes, which the newly created commercial courts have delivered in the last two years. The article also provides a brief description of the legislative amendments already enacted as well as the reform proposals envisaged in both countries to adapt national legislation to the legal exception system introduced by Regulation (EC) 1/2003.