Recent Developments of the National Enforcement of EU Competition Law
22 Pages Posted: 27 Nov 2018
Date Written: November 5, 2018
This article provides a practical overview of the most recent and interesting developments arising from the national enforcement of EU competition law. It is not only the preliminary rulings by the Court of Justice of the European Union that highlight interesting competition cases taking place at national level. For example, as will be discussed in this article, other important developments such as the recognition of compliance programmes and the first pricing algorithm case also occurred at national level. It appears that national competition authorities (NCAs) are more opened to ensure consistency between competition and other policies, such as the protection of personal data (e.g. the Facebook case in Germany) and the promotion of small and medium sized enterprises. NCAs can more rapidly adapt to the changing competition policy context, as can be seen, for example, in their treatment of mergers involving targets not possessing high enough turnover but having significant market potential. The ECN Directive provides NCAs with a minimum common tool-kit and effective enforcement powers for the implementation of EU antitrust rules in many important areas. However, there are still significant areas (e.g. regarding the admissibility of criminal evidence and multiple filings) where further improvements would be desirable in the future.
Keywords: antitrust compliance, privacy and antitrust, European Competition Network, admissibility of criminal evidence, multiple merger filings
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