Tuesday, October 24, 2017

ECN Plus – Should the New EU Directive Empowering National Competition Authorities Be All About Effectiveness?

Helene Andersson, Stockholm University - Faculty of Law asks ECN Plus – Should the New EU Directive Empowering National Competition Authorities Be All About Effectiveness?

ABSTRACT: In recent years there has been a rapid expansion in the number of jurisdictions with competition laws. In the late 1980s only 20 jurisdictions had adopted competition laws. Two decades later, the number had surpassed 110. With competition legislation in place in many parts of the world, focus is shifting towards enforcement issues and questions on how to ensure an effective application of the competition rules. The EU is no exception. Through the adoption of Regulation 1/2003, a system of parallel enforcement powers was established and the national competition authorities (‘the NCAs’) have since become an essential pillar of the application of the EU competition rules. The reform has resulted in a stronger and more active enforcement of the rules, but it has also revealed that some of the NCAs lack the tools required to ensure effective enforcement in their jurisdictions. With the explicit aim to enhance the effectiveness of the NCAs, the European Commission (‘the Commission’) has now presented a proposal for a directive (‘the Proposal’) which would align the national enforcement rules to their EU equivalent and ensure a level playing field throughout the EU.

https://lawprofessors.typepad.com/antitrustprof_blog/2017/10/ecn-plus-should-the-new-eu-directive-empowering-national-competition-authorities-be-all-about-effect.html

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