European Competition Law provides a wide-ranging review of the European rules relating to competition: restrictive agreements, abuse of a dominant position, impact of intellectual property rights, procedure, merger control, State aid.

European Competition Law

Regulation No 1/2003, which gives national authorities an increased involvement in the application of the EU competition rules, does not define the concept of authorities of the Member States. Article 5 of the regulation only sets out the powers conferred on them. This lack of legal definition can be explained by the diversity of situations within the European Union. In some Member States, one bod …

Concept of Authorities in Member States

Regulation No 1/2003, which gives national authorities an increased involvement in the application of the EU competition rules, does not define the concept of authorities of the Member States. Article 5 of the regulation only sets out the powers conferred on them. This lack of legal definition can be explained by the diversity of situations within the European Union. In some Member States, one body investigates cases and takes all types of decisions. In other Member States, the functions are divided between two bodies, one which is in charge of the investigation of the case and another, often a college, which is responsible for deciding the case. Finally, in certain Member States, prohibition decisions and/or decisions imposing a fine can only be taken by a court with another competition authority acting as prosecutor and bringing cases before that court .

According to the Court of Justice , the concept of “authorities of Member States” refers to the administrative authorities in most Member States entrusted with the task of applying domestic legislation on competition, subject to the review of legality carried out by the competent courts, or else the courts to which, in other Member States, that task has been especially entrusted, not including the criminal courts whose task is to punish breaches of the law.

The authorities of Member States, together with the European Commission, form part of the network of authorities (the European Competition Network - ECN) , set up under Regulation No 1/2003. The functioning of this network, which is responsible for the application of EU competition law, must entail close cooperation between the competition authorities of the Member States and the Commission (Article 11 of Regulation No 1/2003). Such cooperation can take various forms; when the Commission or the national authorities of a Member State initiate competition proceedings pursuant to Articles 101 or 102, they must share the information on the case with each other. The Commission must send a copy of the most important documents to the national authorities. The authorities can consult the Commission in order to obtain its interpretation of the case . When the Commission initiates proceedings with a view to adopting a decision finding the existence of an infringement, or ordering that an infringement be brought to an end, ordering interim measures or for the acceptance of commitments, national competition authorities are relieved of their competence. At the same time, if a national authority has already initiated proceedings, the Commission must consult that authority before starting proceedings. The Commission Notice on cooperation within the network of competition authorities sets out the rules for the allocation of cases and the mechanisms of cooperation and assistance.

See Commission Notice No 2004/C 101/03 of 27 April 2004, at pt 2.

See Case 209/84 Ministère public v Asjes [1986] ECR 1425, LawLex200500004113JBJ.

See Commission Notice No 2004/C 101/03 of 27 April 2004.

See Commission Notice No 2004/C 101/06 of 27 April 2004  on informal guidance relating to novel questions concerning Articles 81 and 82 of the EC Treaty that arise in individual cases.

European Competition Law

180. Concept of Authorities in Member States

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180. Concept of Authorities in Member States

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise