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Publishers Abstract:
Regulation 1/2003 is based on the principle of parallel competences. Each competition authority in the EU, be it a national competition authority (NCA) or the Commission has the power to apply Articles 81 and 82 EC. However, the principles and rules governing cooperation with national courts are quite different from those applicable to NCAs. Even though Regulation 1/2003 does not exclude a priori that the same infringement is investigated and penalised in parallel by two or more NCAs, the ultimate goal of case allocation should be to avoid multiple control, duplication of work and inefficient actions to the largest extent possible. Regulation 1/2003 has established the principle of concurrent jurisdiction of the Commission and the NCAs of the Member States, albeit without laying down binding principles on how the work should be divided among them. Commission intends to enter into a debate with all actors concerned in order to consider possible improvements of the current situation, in particular with a view to avoid the need for multiple leniency filings within the EU.
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