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Overview of the National Enforcement of EU Competition Law journal article

András Tóth

European Competition and Regulatory Law Review, Volume 2 (2018), Issue 4, Page 258 - 270

This article provides a practical overview of the most recent and interesting developments arising from the national enforcement of EU competition law. It is not only the preliminary rulings by the Court of Justice of the European Union that highlight interesting competition cases taking place at national level. For example, as will be discussed in this article, other important developments such as the recognition of compliance programmes and the first pricing algorithm case also occurred at national level. It appears that national competition authorities (NCAs) are more opened to ensure consistency between competition and other policies, such as the protection of personal data (eg the Facebook case in Germany) and the promotion of small and medium sized enterprises. NCAs can more rapidly adapt to the changing competition policy context, as can be seen, for example, in their treatment of mergers involving targets not possessing high enough turnover but having significant market potential. The ECN+ Directive provides NCAs with a minimum common tool-kit and effective enforcement powers for the implementation of EU antitrust rules in many important areas. However, there are still significant areas (eg regarding the admissibility of criminal evidence and multiple filings) where further improvements would be desirable in the future. Keywords: Data Driven Economy, Multiple Merger Filing, Admissability of Criminal Evidences, European Competition Network (ECN), Cross-Border Enforcement of Competition Fines


How Could Competition Authorities Reward Competition Compliance Programmes? journal article

András Tóth

European Competition and Regulatory Law Review, Volume 1 (2017), Issue 1, Page 4 - 10

Should competition authorities reward compliance? How could competition authorities reward compliance? This article aims to examine these questions by analysing the approaches taken by the European Union and national competition authorities, and the positive and negative effects that may result if competition authorities reward competition compliance programmes. Finally, the paper argues that the current neutral position taken by the national competition authorities in relation to compliance programmes should no longer be maintained, and proposes a number of methods that the competition authorities could employ to reward competition compliance programmes.

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