In this seminar we look at procedural issues. In brief: originally EU competition law was enforced exclusively by the European Commission, which played a role analogous to a Federal agency (with the caveat that ultimately every decision is subject to political ‘interference’ given the composition of the Commission). With Regulation 1/2003 (which came into force on the day of the EU’s Eastward enlargement on 1 May 2004), National Competition Authorities were required to apply EU competition law. All of a sudden the EU had a number of national enforcers. Wils gives the Commission’s position on what this has achieved in ten years. Wilks and Svetiev look at a particular aspect of this decentralised enforcement from two differing perspectives: Wilks focuses on the role of the European Competition Network, while Svetiev considers the possibilities of experimentalist governance in this setup.
Wils ‘Ten Years of Regulation 1/2003: A Retrospective (2013) 4(4) Journal of European Competition Law and Practice 293
Wilks ‘The European Competition Network: What has changed?’ (2007) available here
Svetiev ‘Networked Competition Governance in the EU: Delegation, Decentralization or Experimentalist Architecture?’, in Experimentalist Governance in the European Union, Charles F. Sabel & Jonathan Zeitlin, eds. (Oxford University Press, 2010) (available online via the EUI library)