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Publishers Abstract:
Since May 1, 2004, the new Council Regulation 1/2003 on the implementation of Articles 81, 82 EC has been applicable to the procedure of competition law enforcement. The Regulation introduced a system of legal exceptions and thereby abolished the exemption monopoly held up until then by the Commission. Agreements between undertakings, decisions by associations of undertakings, and concerted practices which restrict competition within the meaning of Article 81(1) EC but satisfy the conditions of Article 81(3) EC are no longer prohibited even without a prior decision to that effect being required. As the Commission intends to concentrate its resources on curbing the most serious infringements, national competition authorities and national courts now have the power to apply Articles 81-82 EC fully. This paper will examine how far the rights of undertakings involved are protected within the ECN as far as the exchange of information is concerned. The first part outlines the mechanism of cooperation within the ECN. In a second part, the paper deals in more detail with the procedural and substantial safeguards provided for by the Regulation. To what extent the Regulation and the various Commission Notices establish a protective legal framework as to the gathering, exchange and use of information within the ECN is examined.
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