Part I Antitrust Rules (Articles 101 and 102 TFEU), 3 The Role of National Competition Authorities

Abstract

This chapter examines the role of national competition authorities (NCAs). Under Regulation 1/2003, it is not only the European Commission but also the NCAs that are responsible for enforcing the EU competition rules. Regulation 1/2003 created a system of parallel competences in which the competition rules are enforced by a network of competition authorities as well as by the national courts. Provided trade between Member States is affected, Regulation 1/2003 allows NCAs to apply Articles 101 and 102 TFEU but leaves the Member State free to determine which body will enforce the rules and which mechanism for investigating infringements and enforcing decisions will apply. Article 11(6) of Regulation 1/2003 provides that if the Commission initiates proceedings for the adoption of a decision, the NCAs no longer have jurisdiction to apply Articles 101 and 102 TFEU. Yet a central feature of Regulation 1/2003 is that NCAs may apply Articles 101 and 102 TFEU in individual cases. The chapter then considers the cooperation between the Commission and the NCAs, as well as the principles and procedures for cooperation with third countries. It also studies the ECN+ Directive, which empowers the competition authorities of the Member States to be more effective enforcers.