Skip to content
  • «
  • 1
  • »

The search returned 2 results.

The ECN Plus Directive: journal article

Empowering National Competition Authorities to Be More Effective Enforcers of EU Competition Law

Francesco Rizzuto

European Competition and Regulatory Law Review, Volume 3 (2019), Issue 2, Page 80 - 99

Regulation 1/2003 left it to the Member States to determine the investigative and procedural powers of national competition authorities (NCAs). As a consequence, the enforcement of EU competition law in the Member States has not developed uniformly. Directive 2019/1 puts in place obligations on the Member States to harmonise the status and powers of NCAs in order to create a more uniform competition law single market regulatory space. In short, it aims to establish a level competition law enforcement field relating to investigative and fining powers, resources and independence, leniency, and rules governing mutual assistance between NCAs in the context of the operation of the European Competition Network. Many of the provisions are either closely aligned or indeed replicate the investigative and decision-making powers granted to the Commission under Regulation 1/2003 and the institutional resources and autonomy of national regulatory bodies established under EU sectoral legislation. This Directive in combination with the Private Damages Directive constitutes a significant push towards the federalisation of EU competition law enforcement in line with the case law of the Court of Justice of the European Union. Keywords: European Competition Network, ECN Plus Directive, National Competition Authorities


The ECN Grand Chamber: journal article

Updating the ECN to Face the Challenges of the Online World

Gabriele Carovano

European Competition and Regulatory Law Review, Volume 2 (2018), Issue 3, Page 166 - 186

It is the overriding belief that EU competition rules should be applied uniformly, but reality shows that this is not the case. Moreover, the so-called ‘Digital Revolution’ has intensified the risk of non-homogeneous results by raising the number of multinational players, cross-border cases, and new competition issues needing a solution. This article argues that enhancing uniformity should not necessarily mean the eradication of diversity. Uniformity should instead be the result of a process able to canalise diversity. Hence, space within the system should be created where diversity can be utilised to produce better quality policies and avoid conflicting results. The article then suggests how this diversity should be co-ordinated within the European Competition Network (ECN) where the National Competition Authorities (NCAs) and the Commission share policy solutions and ideas. In particular, the article will suggest how the ECN should be modified to be able to balance the unbalanced, to transform externalities into internalities. NCAs should not only act in defence of their National interests or consumers, but should pursue one single goal: the protection of the European interests and consumers. ‘Un pour tous, tous pour un’. Keywords: European Competition Network, ECN Plus Directive, Consistency, Cooperation, Digital Single Market, National Competition Authority

  • «
  • 1
  • »