It is now more than a year ago since Regulation 1/2003 was finally adopted1and some five years after the first discussions about a comprehensive reform of the EC competition law had been launched in the context of the Commission’s White Paper on Modernisation2. And only now the dust surrounding this highly contentious ‘political masterstroke’3seems to be settling4. This, however, should not come as a surprise as Art. 35(1)5sets the Member States the ultimate deadline of 1 May 2004also the date of entry into force of Regulation 1/2003 - to comply with their respective infrastructural and technical duties. But still there are some practical uncertainties inherent in the application of Regulation 1/2003 which need to be addressed be-fore the European Competition Network (ECN) will start to take up its work. As far as I can see, these uncertainties mainly concern the coordination and cooperation among its members and especially among national competition authorities (NCAs). This paper, therefore, seeks to address the main difficulties which remain even after the Commission has published six notices to accompany Regulation 1/2003, namely the problem of case allocation within the ECN and the problems arising from the system of exchange of information.
Inhaltsverzeichnis (Table of Contents)
- I. Introduction
- 1. Preliminary remarks
- 2. Outline
- II. The state of NCAS
- 1. Overview: NCAs of current 15 Member States
- a. Resources
- b. Experience
- c. Independence
- 2. Overview: NCAs of Central and Eastern Europe
- 1. Overview: NCAs of current 15 Member States
- III. Case allocation
- 1. Principles of case allocation
- a. Affect on trade between Member States
- b. Close cooperation
- c. Development of a general principle of efficiency
- 2. Vertical allocation between NCAs and Commission
- a. Criteria for Commission's competence
- i. Criterion of 3+
- ii. Community interest
- iii. Efficiency and exclusive competence
- b. Art. 11(6): Take-over clause
- a. Criteria for Commission's competence
- 3. Horizontal allocation between different NCAs
- a. System as envisaged by Regulation 1/2003
- i. Lack of bright-line allocation criteria
- a. Step one: first formal investigations
- β. Step two: Definition of "well/best placed"
- γ. Step three: Conflict settlement
- ii. Different scenarios of cooperation or coordination
- Iα. Leader and assistant
- ẞ. Virtual teams
- iii. Forum-shopping
- α. Origin of possible conflict: national procedural autonomy.
- ẞ. Differing leniency programmes
- γ. Differing national sanction systems
- i. Lack of bright-line allocation criteria
- b. Remaining problems
- a. System as envisaged by Regulation 1/2003
- 4. Mechanisms of cooperation
- a. Exchange of Information
- i. General provisions
- ii. Safeguards
- iii. Protection of confidentiality
- iv. Use of information
- v. Imposition of sanctions
- a. Exchange of Information
- 5. Investigations
- a. Solutions
- b. Stay or closure of proceedings
- c. Mandatory rules
- d. Network-based approach
- i. Mutual respect and recognition
- ii. Enhanced role of the Advisory Committee
- iii. Outlook
- 1. Principles of case allocation
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper aims to analyze the practical uncertainties inherent in the application of Regulation 1/2003, particularly focusing on the coordination and cooperation among members of the European Competition Network (ECN), especially between national competition authorities (NCAs). The paper delves into the problems of case allocation within the ECN and the complexities arising from the system of exchange of information.
- The state of NCAs in the EU and the challenges they face in implementing Regulation 1/2003.
- The intricacies of case allocation within the ECN, including both vertical and horizontal allocation.
- The importance of information exchange as a crucial mechanism of cooperation within the ECN.
- The limitations of the current case allocation system and potential solutions.
- The need for a network-based approach to enhance efficiency and collaboration within the ECN.
Zusammenfassung der Kapitel (Chapter Summaries)
The paper begins by examining the state of NCAs in the EU, highlighting their varying levels of resources, experience, and independence. It then delves into the complex issue of case allocation within the ECN, explaining the principles and criteria for allocating cases both vertically (between NCAs and the Commission) and horizontally (between different NCAs). The paper explores the lack of clear-cut allocation criteria and the resulting ambiguities, highlighting the importance of cooperation and information exchange as key mechanisms for resolving disputes and ensuring efficient case management.
Schlüsselwörter (Keywords)
Regulation 1/2003, European Competition Network (ECN), National Competition Authorities (NCAs), case allocation, information exchange, cooperation, network-based approach, mutual respect, Advisory Committee.
- Quote paper
- Moritz Lichtenegger (Author), 2004, Coordination and cooperation among members of the ECN under Regulation 1/2003, Munich, GRIN Verlag, https://www.grin.com/document/45179
