On 5 September 2024, the European Commission published a “Staff Working Document” summarising the findings of the evaluation of two EU Regulations, Regulation 1/2003 and Regulation 773/2004, which concern the enforcement of EU competition law. These Regulations, which entered into force 20 years ago, lay out the procedural framework for the implementation of EU competition rules laid down in Articles 101 and Article 102 of the Treaty on the Functioning of the EU (“TFEU”).
The evaluation exercise by the Commission has concluded that, in general, these Regulations have achieved their objective for effective, efficient and uniform application of EU competition law. It has also noted that the European Competition Network (“ECN”), which is made up of the Commission and the national competition authorities in each EU Member State, has been key in order to reach this objection.
The evaluation however also recognises that co-operation within the ECN could be strengthened further. Furthermore, the evaluation highlighted the need for swifter investigations. In the light of this, the evaluation identified a number of issues that should be tackled.
Alongside the Staff Working Document, the European Commission has adopted a report to the council and European Parliament on the legal framework for and the use of interim measures by national competition authorities.
This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr Annalies Muscat.