The essay examines the impact of the decentralised enforcement of articles 101 and 102 TFEU, in particular regarding the spill-over effects at Member States’ level of the tools provided for by Regulation (EC) no 1/2003 to enhance cooperation among the Commission and NCAs: issues such as circulation of evidence, information exchange, leniency programmes and effects of decisions adopted by NCAs or the Commission at national level of other Member States are examined. The author argues that the solutions shaped by Regulation 1/2003 may be unbalanced to the detriment of firms undergoing public antitrust enforcement, and advocates an enhanced role of courts both as judicial reviewers and within private enforcement with a view to partly re-balancing the system.
Antitrust Enforcement After the Entry into Force of Regulation no. 1/2003: The Interplay between the Commission and the NCAs and the Need for an Enhanced Role of National Courts
MUNARI, FRANCESCO
2013-01-01
Abstract
The essay examines the impact of the decentralised enforcement of articles 101 and 102 TFEU, in particular regarding the spill-over effects at Member States’ level of the tools provided for by Regulation (EC) no 1/2003 to enhance cooperation among the Commission and NCAs: issues such as circulation of evidence, information exchange, leniency programmes and effects of decisions adopted by NCAs or the Commission at national level of other Member States are examined. The author argues that the solutions shaped by Regulation 1/2003 may be unbalanced to the detriment of firms undergoing public antitrust enforcement, and advocates an enhanced role of courts both as judicial reviewers and within private enforcement with a view to partly re-balancing the system.
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