Modernisation and enlargement

This book comprises a set of papers that were prepared for and delivered at the Global Competition Law Centrersquos Annual Conference ldquoModernisation and Enl... » 

This book comprises a set of papers that were prepared for and delivered at the Global Competition Law Centrersquos Annual Conference ldquoModernisation and Enlargement Two Major Challenges for EC Competition Lawrdquo. The book presents an analysis of the new Regulation 12003 on the implementation of the competition rules laid down in Article 81 and 82 of the Treaty. This new Regulation represents a cultural revolution for EC competition lawyers who were accustomed to notifying agreements in order to obtain some legal certainty for their clients. Modernisation opens up a brand new world where corporations and their lawyers will be asked to selfassess the validity of their agreements under EC competition law. The direct effect given to Article 813 will also stimulate implementation at the national level including actions in national courts although several procedural issues may impede private actions in courts. Amongc its other features Regulation 12003 also creates a European Competition Network ECN which provides an institutional focus for cooperation between the NCAs and the Commission as well as among the NCAs themselves. Enlargement of the European Union was one of the factors which contributed to the adoption of Regulation 12003. Enlargement will expand the geographical scope of application of EC competition rules but it will also create many important challenges. The NCAs of the new Member States are relatively new organisations which in some cases lack the expertise and resources to pursue a credible enforcement agenda. These Member States are however willing to take on those challenges and though a period of adaptation will be needed there are no reasons why they should be unable to progressively develop a successful competition policy. Already some agencies e.g. in Hungary or Poland have developed a credible enforcement record. This book is invaluable for all EU competition lawyers.nbsp «