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The Modernisation of the Rules Implementing Art 81 and Art 82 ECT and its Implications for Italy


Georg Miribung

This study deals with EC Competition Law and analyses the switch from centralised enforcement of Art 81 and Art 82 ECT towards decentralised enforcement involving, in addition to the Commission, national authorities and courts. The reform also introduces a system that institutes a regime of ex-post control. One part of the book provides the general background, another concentrates on the reform and discusses the various issues from a general perspective. Finally, the consequences for Italian competition law and its institutions are examined. As will be seen, there are good arguments to reject the main concern in respect of the reform. These are constituted by a feared lack of consistency and uniformity in the application of EC law. Nevertheless, still-to-dos can be found, among others, in respect of effective case allocation or regarding the harmonisation of national procedural rules.
Contents: Compatibility of the legal exemption system with the treaty – Abolition of the notification system and its implications – Block exemptions, legal exemptions, guidelines and notices under the new regime – The new relationship between EC law and national law – Decentralisation to national authorities, especially in respect of the Italian Competition Authority – Decentralisation to national courts, with a special focus on the Italian Judiciary – The situation of undertakings – Effects on the European Court of Justice and the Court of First Instance – Eastern enlargement of the European Union – Further critical remarks (the new investigative powers of the Commission) – Possible alternatives to the new system.