The investigative powers of national competition authorities : a selective comparative study

Abstract

Achieving an efficient competition policy would allow the European Commission to set in motion its objectives of establishing a common market and an economic and monetary union. In this respect competition enforcement mechanisms take an important stance and render competition a topic worth discussing. To this extent, the aim of this thesis is to encourage greater consideration on behalf of legislators, enforcers and also end consumers, to the sphere of Community Competition Law and its enforcement both at the Community level and also at the national level. The thesis focuses especially on the investigative powers of the National Competition Authorities (NCAs) as opposed to those of the Commission, as a result of the ever increasing importance that has been placed on the national enforcers after the coming in force of Regulation 1/2003, .bringing about a decentralized enforcement mechanism. Indeed, while the Commission is now dedicated to investing its efforts in the fight against the most serious cartels, the role of NCAs has intensified since they are now able to apply article 81(3) EC and their fact finding powers have been facilitated by the introduction of the Cooperation Network. Similarly, their status as members of the ECN has made them direct participants and contributors to principles of cooperation, exchange of information and case allocation - major counter-parts of the modernization package. The thesis also aims to throw light on the divergence that exists amongst the systems of various NCAs, highlighting the need for harmonization in certain areas. Even more so, through a selective comparative study that has been carried out, covering the Office for Fair Competition (OFC) and the Commission for Fafr Trading (CFT) locally, and other NCAs both across the EU and outside the EU, the thesis sheds light on the major shortcomings in the Maltese system and puts forward suggestions that could meliorate the current situation in Malta, and hoping that it will inspire better enforcement of competition and consumer welfare. This thesis takes into consideration facts and legislation as at 11 th May 2007.