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GCLC – Lunch Talk, 24 October 2011

The ECN, coherency and the review of decisions of the Commission and the National Competition Authorities. GCLC – Lunch Talk, 24 October 2011. The ECN in 2011. Case work. Multilateral work in ECN fora. National review courts. Convergence of ECN enforcement systems.

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GCLC – Lunch Talk, 24 October 2011

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  1. The ECN, coherency and the review of decisions of the Commission and the National Competition Authorities GCLC – Lunch Talk, 24 October 2011

  2. The ECN in 2011 Case work Multilateral work in ECN fora National review courts Convergence of ECN enforcement systems

  3. 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. 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 Structure of the ECN Mergers

  5. 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. The designation of competition authorities:Art.35 Reg. 1/2003 • Designation by Member States • May include courts • Art. 11(6) applicable

  7. The powers of the MSArt. 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. Art. 11(4) submissionsMay 2004- September 2011

  9. Art. 11(4) Submissions by NCAs

  10. 11(4) submissions by Member State in 2010

  11. Envisaged decisionsby sector + cartels in 2010

  12. Envisaged decisions by typeof infringement in 2010

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