Brave new world: The modernization and decentralization of enforcement under Articles 81 and 82 of the EC Treaty

Introduction:

The adoption by the Council of a new legal framework for the enforcement of Articles 81 and 82 EC represents the beginning of the end of an era and style of EC competition law enforcement and the end of the beginning of a great leap forward – the Commission’s modernization (or decentralization) programme. The Regulation implementing Articles 81 and 82 EC, which will replace the existing 40-year old system under Regulation 17/62,3 in May 2004, at the same time as the EU adds a significant number of new Member States, will usher in far-reaching changes in the application of EC competition law as it applies to restrictive agreements and, to a lesser extent, abuses of dominant positions. These changes will have four major effects.