Parallel Enforcement and Accountability: The Case of EU Competition Law

31 Pages Posted: 9 Aug 2017 Last revised: 20 Sep 2017

See all articles by Kati Cseres

Kati Cseres

University of Amsterdam - Amsterdam Centre for European Law and Governance and Amsterdam Center for Law & Economics

Annalies Outhuijse

University of Groningen, Faculty of Law

Date Written: June 30, 2017

Abstract

EU competition law is enforced parallel by the EU Commission and 28 national competition authorities (NCAs) in a multi-level governance system composed of EU and national procedural laws. Regulation 1/2003 established the European Competition Network (ECN) in order to coordinate parallel proceedings between the Commission and the NCAs. This chapter analyses the shared enforcement of EU competition law from the perspective of political and judicial accountability. The chapter focuses on the accountability of the Commission, the NCAs and the ECN in their role of/as main actors of the shared enforcement. Two jurisdictions are used to illustrate the role and powers of the NCAs: the Netherlands and Hungary. After analysis of the powers and roles of the three respective actors (the Commission, the NCAs and the ECN) of parallel enforcement, section 3 examines judicial and political accountability and section 4 concludes.

Keywords: EU Competition Law, Accountability, Multi-Level Governance, Parallel Enforcement

Suggested Citation

Cseres, Kati and Outhuijse, Annalies, Parallel Enforcement and Accountability: The Case of EU Competition Law (June 30, 2017). University of Groningen Faculty of Law Research Paper No. 2017-11, Available at SSRN: https://ssrn.com/abstract=2995729 or http://dx.doi.org/10.2139/ssrn.2995729

Kati Cseres

University of Amsterdam - Amsterdam Centre for European Law and Governance and Amsterdam Center for Law & Economics ( email )

Oudemanshuispoort 4-6
Amsterdam, 1012 CN
Netherlands

Annalies Outhuijse (Contact Author)

University of Groningen, Faculty of Law ( email )

Groningen
Netherlands

HOME PAGE: http://www.rug.nl/staff/a.outhuijse/research

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