CASE COMMENTS : PROCEDURES – EC REGULATION N°1/2003 – ARTICLE 5 – JURISDICTION – ECN – DISMISSAL – NON BIS IN IDEM

EC Regulation n° 1/2003 – Article 5: The Court of Justice denies to the NCAs the right to adopt decisions “stating that a practice does not restrict competition” (Tele2 Polska)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 3 May 2011, Tele2 Polska, Case C-375/09 The Court of Justice of the European Union has so far had very few opportunities to rule on the provisions of Regulation 1/2003 since its entry into force on 1 May 2004. For that reason alone, the judgment of 3 May 2011, delivered in the Grand Chamber, can be regarded as important. However, it is all the more so because the Court answers a delicate question relating to the division of powers between the Commission and the national authorities. It is not clear whether the National Competition Authorities (NCAs) and the Member States perceived the importance of the question from the outset, at least judging by

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  • University of Paris I Panthéon-Sorbonne

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Christophe Lemaire, EC Regulation n° 1/2003 – Article 5: The Court of Justice denies to the NCAs the right to adopt decisions “stating that a practice does not restrict competition” (Tele2 Polska), 3 May 2011, Concurrences N° 3-2011, Art. N° 38076, pp. 173-177

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