The Quest for Uniformity between National Competition Authorities and Courts

Abstract:

In the three-pillared system established by Regulation 1/2003, and particularly in the decentralized enforcement environment that this parallel system corresponds to, the need for uniformity arises not only as far as the national level (NJs and NCAs v. the Commission is concerned), but also within the national level itself. This essay aims at exploring the possible solutions, based on European Union law, to the potential shortcomings regarding coherence arising at this level. A prominent feature is Article 9 of the Directive on damages actions, which establishes that a .nal decision of a NCA or a review court should be binding in subsequent actions for damages brought before their national courts. This provision is assessed in the context of the principles of European Union law relevant for the co-ordination between NJs and NCAs. Second, the only direct communication tool between NJs and NCAs set out in regulation 1/2003, i.e., Article 15(3), is examined closely. On the basis of this two-phased analysis, the actions that NJs should take pending proceedings before an NCA or in case of a previous decision of the NCA on the same or on related anti-competitive behaviour falling within the scope of Article 101 or Article 102 TFEU, and vice versa, are sketched out and discussed.