p. 2587. Articles 101 and 102: public enforcement by the European Commission and national competition authorities under Regulation 1/2003
p. 2587. Articles 101 and 102: public enforcement by the European Commission and national competition authorities under Regulation 1/2003
- Richard WhishRichard WhishEmeritus Professor of Law at King’s College London
- , and David BaileyDavid BaileyProfessor of Practice in Competition Law at King’s College London
Abstract
This chapter explains the public enforcement of Articles 101 and 102 by European Commission and the national competition authorities under Regulation 1/2003. It begins by describing the Commission’s powers of investigation and enforcement, including its power to accept commitments, its leniency programme, the cartel settlement procedure, and its power to impose financial penalties. It then discusses the operation of Regulation 1/2003 in practice, with particular reference to the European Competition Network (‘the ECN’) that brings together the Commission and the national competition authorities of the Member States (‘the NCAs’) and the ECN+ Directive that strengthens the powers of the NCAs. The chapter concludes by providing a brief account of judicial review of the Commission’s decisions.
Keywords
- Public enforcement of Articles 101 and 102 TFEU
- Compliance
- ECHR
- the Charter of Fundamental Rights of the European Union
- Rights of defence
- Regulation 1/2003
- European Commission
- National Competition Authorities (NCAs)
- Burden of proof
- standard of proof
- Remedies
- Interim measures
- Commitments
- Findings of inapplicability
- Informal guidance
- Settlement of cartel cases
- Settlement of non-cartel cases
- Cooperation with NCAs
- Investigations
- Requests for information
- Self-incrimination
- Privilege
- Inspections
- Penalties
- Fines
- Fining Guidelines
- Leniency Notice
- Periodic penalty payments
- Limitation periods
- European Ombudsman
- Complainants
- Professional secrecy
- European Competition Network
- ECN+ Directive
- Judicial review
