The notion of decentralization within the context of the procedure and enforcement of EC competition law

Abstract

Competition policy and law enforcement are essential to the creation and maintenance of well-functioning free market economies. Within the European Union, it is the Commission, which may be said to be the principal enforcement agency of the EC competition rules. In fact, the Commission's role, with regards to the application in individual cases of the main competition rules, namely Articles 81 and 82 of the EC Treaty, is enshrined in the EC Treaty itself. Article 85 of the EC Treaty obliged the Commission, from the moment it took up its duties, to ensure the application of Articles 81 and 82, that is, to investigate cases of suspected infringement of EC competition law, to find whether infringements had in fact taken place and to propose measures to bring any such infringements to an end. This Article has been effectively superseded since the adoption of more detailed implementing regulations by the Council under Article 83 of the EC Treaty, though, the said Article 85 always remains available for the Commission in those areas not covered by the implementing regulations. These regulations have in fact retained the full extent of the Commission's role set out in Article 85, and have added to it by authorising the Commission to impose binding obligations and fines in offending parties.