The Enforcement of EU Competition Law by National Courts

Abstract

Regulation 1/2003 is the legal instrument that has probably brought about the most important changes in the history of the application of EU competition law. It has extensively altered existing procedures for the application of what are now Articles 101 and 102 TFEU. Its importance is indicated by the direct applicability of its rules in Member States by their national competition authorities and national courts. By providing explicitly for the possibility of national courts applying Articles 101 and 102, Regulation 1/2003 has promoted the private enforcement of competition rules. The authors, inter alia, discuss basic rules on cooperation between the European Commission, national competition authorities and national courts pursuant to Regulation 1/2003 and novelties in the Directive on Actions for Damages as regards enforcement of Articles 101 and 102 by national courts. In addition, taking into account the fact that basic procedural rules indispensable for the enforcement of competition rules by national courts are not harmonised, the authors point out limitations on harmonisation in terms of not only normative rules but also legal culture and legal traditions.