p. 87213. Public Enforcement by the Commission and the National Competition Authorities of the Antitrust Provisions
- Alison Jones, Alison JonesProfessor of Law, King’s College, London
- Brenda SufrinBrenda SufrinEmeritus Professor of Law, University of Bristol
- and Niamh DunneNiamh DunneAssociate Professor of Law, London School of Economics
This chapter discusses the public enforcement regime for the application of Articles 101 and 102 under Regulation 1/2003. It explains the system that applied previously under Regulation 17, and the reasons for, and salient features of, the ‘modernisation’ introduced by Regulation 1/2003. The chapter then examines: the complaints procedure; the powers of the Commission, including the investigation and inter partes stages of its procedure; the decisions which the Commission may take, including decisions imposing fines and commitments decisions; judicial review by the EU Courts; the European Competition Network (ECN) and enforcement by national competition authorities, including the changes to be introduced by the ECN+ Directive; and the possibility of sanctions against individuals.. The chapter also considers the application of fundamental rights provisions in EU competition proceedings.