European Competition Law Annual 2002 (European Competition by Claus-Dieter Ehlermann, Isabela Atanasiu

By Claus-Dieter Ehlermann, Isabela Atanasiu

The ecu festival legislation Annual 2002 is the 7th in a chain of volumes following the once a year workshops on european pageant legislations and coverage held on the Robert Schuman Centre of the ecu college in Florence. the quantity reproduces the fabrics of the roundtable debate that came about on the 7th Workshop.

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European Competition Law Annual 2002 (European Competition Law Annual)

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Yet such situations will no doubt be exceptional. In the context of discussions on the draft regulation the Commission has been warned about the heavy administrative burden resulting from the task of maintaining consistency in the application of EC competition rules. It has even been argued that it would be more demanding to perform such a task, in terms of time and resources, than maintaining the current notification system. I must say we are rather optimistic on this point: in most cases there will hardly be any need for the Commission to intervene for ensuring consistency.

Perhaps the modernisation initiative and the network will provide an example of how to combine coherence with decentralisation. KAREL VAN MIERT — I was particularly pleased with what you said at the end of this introductory exposé. Indeed, from the times when I was still in DG Competition (back then DG IV) we already felt the need to reconsider in a critical manner the functioning of the system, particularly in view of the upcoming enlargement of the EU. By then the NCAs were consolidating their role in the application of EC competition rules, and most of them were already very effective, so the need to reform the system became evident.

In the new enforcement system, the network will maintain its informal character. At the same time, a number of elements necessary for enhancing cooperation will be put in place. These include: the power for all members of the network to apply EC competition law; the power to exchange confidential information, to share the work and assist each other in the solving of individual cases. The network will be at the centre of the public enforcement pillar in the new system. It will have a three-fold purpose: 1) to promote the effective enforcement of EC competition rules by ensuring that the enforcement resources available are used optimally; 2) to contribute to the consistent application of EC competition rules; and 3) to participate in the development of EC competition policy.

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