Handout 1

Seminar 1: Intersections foreseen in EU Law (Thursday, 4 October 2012)

 This seminar considers some interactions between EU and national competition law that are catered for in the legislation, in particular Regulation 1/2003. I will compare this scheme with that found for mergers that have an EU dimension. I will do most of the talking for this session by presenting the subject generally, but please read the material below and be prepared to discuss the cases.

 Reading

 Regulation 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty [2003] OJ L1/1. Read especially Art.3

 Case 14/64 Walt Wilhelm v Bundeskartellamt (1969) ECR 1

 IB v The Queen [2009] EWCA Crim 2575 (this is a case of the Court of Appeal (Criminal division) of England and Wales. You can find the text at www.bailii.org)

 Case C-17/10 Toshiba judgment of 14 February 2012

 Commission staff working paper accompanying the Communication from the Commission to the European Parliament and Council – Report on the functioning of Regulation 1/2003 COM(2009)206 final SEC(2009) 574 final, chapter 4 only.

 Questions for reflection

 1. Is Article 3 overly complicated, damaging the effective enforcement of competition law? (What do you think effective enforcement means?)

 2. Is the judgment in Walt Wilhelm out of date?

 3. Does the judgment in Toshiba raise the risk of multiple fines? Does it matter how a Member State competition authority goes about calculating the fine?

 4. Should the UK courts have made a reference to the ECJ in the IB case?

 5. How would you design the relationship between EU and national competition law? Is there any point in trying to manage it at all?

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