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European Commission, DG Competition, A, A-4 ECN The ECN, coherency and the review of decisions of the Commission and the National Competition Authorities.

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Presentation on theme: "European Commission, DG Competition, A, A-4 ECN The ECN, coherency and the review of decisions of the Commission and the National Competition Authorities."— Presentation transcript:

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

2 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

3 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)

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

5 European Commission, DG Competition, A, A-4 ECN 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

6 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

7 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.

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

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

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

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

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


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