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The way to modernization of EC Antitrust Law

The way to modernization of EC Antitrust Law. History - April 28, 1999: White paper on modernization - September 27, 2002: Proposal for a Council regulation - December 16,2002: Council regulation 1/2003 New system for application of Art. 81 and 82 EC-Treaty, based on

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The way to modernization of EC Antitrust Law

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  1. The way to modernizationof EC Antitrust Law • History - April 28, 1999: White paper on modernization - September 27, 2002: Proposal for a Council regulation - December 16,2002: Council regulation 1/2003 • New system for application of Art. 81 and 82 EC-Treaty, based on - decentralization combined with the obligation to applyEC-law, • cooperation with national competition authorities and courts to guarantee a consistant apply of EC-law • Efficient enforcement of EC-competition-law by strengthening the investigation power and the sanctions

  2. New system for application of primary and secondary competition rules – a business perspective • legal exemption system instead of individual exemptions by decision • same competition rules applied in the EU with mecanism to ensure consistancy • best placed authority shall intervene • Obligation to apply EC-Competition Rules - Commission‘s proposal: EC-law exclude national law - Regulation 1/2003: parallel apply of EC- and national law

  3. Cooperation of the Commission with national authorities within the in EU • Information about new cases • Allocation of cases • Exchange of information inculding confidential information • Assistance in information gathering

  4. VI. Decision by competition authorities • Stopping the infringement • Commitments / prelininary assessment • Finding of inapplicability (only by EC-Commission, see Art. 10 Regulation No.1/2003!)

  5. Cooperation with national courts • - Courts may ask the Commission • - Copies of judgementssent to the Commission • - national authorities and ECC may submit written observation to the courts

  6. VIII. Powers of investigation • Commission may require undertakings to provide information (allnecessary) • Inspections to undertakings and to other primises • National competiton authorities may carry out investigation in other Member Sates

  7. The overall purpose - Efficient enforcement of competition rules within the EU - Close cooperation between all competition authorities - Intervention against serious violations of Art. 81 (especially hard core cartels) and 82

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