The ECN coherency and the review of decisions

The ECN, coherency and the review of decisions of the Commission and the National Competition Authorities GCLC – Lunch Talk, 24 October 2011 European Commission, DG Competition, A, A-4 ECN

The ECN in 2011 Case work Multilateral work in ECN fora National review courts Convergence of ECN enforcement systems European Commission, DG Competition, A, A-4 ECN

ECN’s foundations: coherence and convergence • Common substantial rules (with exceptions – i. e. unilateral conduct) • Striving for more convergence in procedural rules (certain degree / with exceptions, e. g. confidentiality) European Commission, DG Competition, A, A-4 ECN

Structure of the ECN DGs meeting ECN sectoral subgroups • Energy • Environment • Financial services • Food • Pharmaceuticals • Telecom • Transport • Healthcare • Railways • Motor vehicles • Media • Sports • Professional Services European Commission, DG Competition, A, A-4 ECN Mergers ECN Plenary ECN working groups • Cartels: Practice & Policy • Competition Chief Economists • Cooperation Issues & Due Process • Horizontal Agreements • Vertical Agreements • Forensic IT Advisory Committee Article 14 of Regulation 1/2003

Enforcement in the ECN Enhanced enforcement Art. 101/102 – – 1400 cases reported so far as being investigated under Art. 101/102 TFEU 515 envisaged decisions already submitted to COM in addition to COM’s own antitrust decisions Work-sharing/case-allocation - flexible and pragmatic approach Assistance in investigations and exchange of information European Commission, DG Competition, A, A-4 ECN

The designation of competition authorities: Art. 35 Reg. 1/2003 • Designation by Member States • May include courts • Art. 11(6) applicable European Commission, DG Competition, A, A-4 ECN

The powers of the MS Art. 5 Reg. 1/2003 • Requiring that an infringement be brought to and end; • ordering interim measures; • accepting commitments; • imposing fines, periodic penalty payments or any other penalty provided for in their national law; • deciding that there are no grounds for action. European Commission, DG Competition, A, A-4 ECN

Art. 11(4) submissions May 2004 - September 2011 European Commission, DG Competition, A, A-4 ECN

Art. 11(4) Submissions by NCAs European Commission, DG Competition, A, A-4 ECN

11(4) submissions by Member State in 2010 European Commission, DG Competition, A, A-4 ECN

Envisaged decisions by sector + cartels in 2010 European Commission, DG Competition, A, A-4 ECN

Envisaged decisions by type of infringement in 2010 European Commission, DG Competition, A, A-4 ECN