Bruxelles, Bruylant et Paris, Forum Européen de la Communication, collection de la Fondation pour l’Etude du Droit et des Usages du Commerce International, série Concurrence, 2004, 351 p.

Le nouveau système communautaire de mise en oeuvre des articles 81 et 82 CE

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On 1 May 2004, the date of entry into force of Council Regulation No 1/2003 of 16 December 2002, which replaces the former Regulation 17/62, the system for implementing Articles 81 and 82 EC was completely overturned. Even more than the administrative procedure before the Commission, this far-reaching reform affects the division of competences between the Commission, Member State authorities and national courts, as well as the relationship between Community and national law. Not only do national courts now have the possibility to apply Article 81(3) EC, but they also have a duty to apply Articles 81 and 82 EC to practices that affect trade between Member States. The reform overturns the working methods of the national competition authorities, which must now collaborate with the Commission within the European Competition Network, but also, as a result of the abolition of the prior notification mechanism, those of companies and their boards. The book provides a detailed analysis of this text and the various implementing measures (Commission regulations, notices and guidelines) which accompany it.

Laurence Idot is a professor at the Université Panthéon-Sorbonne (Paris I), where she teaches Community competition law. She is the author of numerous articles and columns on this subject.

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  • University of Paris I Panthéon-Sorbonne

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Stéphane Rodrigues, Le nouveau système communautaire de mise en oeuvre des articles 81 et 82 CE, February 2005, Concurrences N° 1-2005, Art. N° 12676, p. 137

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