REFORM - REGULATION No 1/2003 - PROCEDURE - NATIONAL COMPETITION AUTHORITIES - ARTICLES 81 and 82 EC - ALLOCATION OF CASES

The reform of competition law enforcement brought about by Regulation N° 1/2003: Will it work?

This report, prepared for the 2004 FIDE Conference, consists of two parts. The first part gives an overview of the main content of Regulation No 1/2003, in its historic context. The second part deals with a number of areas of potential concern, i.e. issues regarding which questions have been raised either during the period leading up to the adoption of the Regulation or following its adoption.

1. As set out in the questionnaire prepared by the General Rapporteur, Judge John Cooke, «the aim of the conference in this topic is to examine the implications for the Member States (including the new Member States whose date of accession to the Union will coincide with the commencement of the new regime,) of the reforms in competition law enforcement to be brought about by Regulation No 1/2003 (‘the Regulation'); to compare the ways in which it will be implemented in each jurisdiction and to identify any legal, constitutional and administrative difficulties which the new regime may pose for both national law and for the uniform and efficient application of competition rules in Community law». 2. My role as Community Rapporteur was to «prepare, from the Community-interest perspective, a

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