EU competition law
This theme contains topical issues related to EU competition law enforcement. In particular, the consequences of direct applicability of EU competition rules (Arts 101-102 TFEU) on both EU central level and national level are scrutinized. The EU competition law theme featured all three developments EULEN focuses on – decentralized, transnational and centralized aspects. The decentralized dimension of competition law enforcement concerns inter alia the following issues: a level playing field for EU antitrust enforcement at national level (independence, resources, investigation, decision and fining powers); due process (fairness of the procedure and right of defense); and differences between EU and national procedures. The transnational dimension of competition law enforcement concerns inter alia the following issues: international antitrust enforcement; standards (procedural/substantial convergence); coordination between antitrust authorities (for example on leniency applications); jurisdictional issues, especially in the era of the digital economy; and recognition and enforcement of non-EU decisions. The centralized dimension of competition law enforcement concerns inter alia the following issues: tools to guarantee uniformity of enforcement (European Commission’s communications; CJEU rulings; directives); digital tools (common databases; common algorithms to identify cartels); and a common (second) language for all national competition authorities.
