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The assessment of the effect on trade by the national competitionauthorities of the "new" member states: Another legal partition of the internal market?
Botta,Marco1; Svetlicinii,Alexandr2; Bernatt,Maciej3
2015
Source PublicationCommon Market Law Review
ISSN0165-0750
Volume52Issue:5Pages:1247-1275
Abstract

Under Regulation 1/2003, NCAs of EU Member States must apply Articles 101-102 TFEU to anti-competitive conducts with an effect on intra-Community trade, and must notify the Commission of investigations and envisaged decisions based on Articles 101-102 TFEU. In the last decade, the NCAs of the "new" EU Member States have notified a lower number of envisaged decisions in comparison to "old" EU Member State; this has been explained by the institutional constraints of the individual NCAs. However, the paper shows that the NCAs of the "new" EU Member States have not been "less active" in terms of enforcement, but have adopted most of their decisions under the national competition rules.Also, there is significant divergence in the assessment of the effect on trade by the NCAs of the selected jurisdictions. Some NCAs have not taken account of the relevant ECJ case law and the 2004 Commission Notice on the effect on trade concept. The paper calls for a reform of Article 3(1) Regulation 1/2003, supplementing the effect on trade criterion with quantitative thresholds.

URLView the original
Indexed BySSCI
Language英語English
Scopus ID2-s2.0-84946065932
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Citation statistics
Document TypeJournal article
CollectionFaculty of Law
Affiliation1.University of Vienna,Institute for European Integration Research,Austria
2.University of Macau,Faculty of Law,Macao
3.University of Warsaw,Faculty of Management,Poland
Recommended Citation
GB/T 7714
Botta,Marco,Svetlicinii,Alexandr,Bernatt,Maciej. The assessment of the effect on trade by the national competitionauthorities of the "new" member states: Another legal partition of the internal market?[J]. Common Market Law Review, 2015, 52(5), 1247-1275.
APA Botta,Marco., Svetlicinii,Alexandr., & Bernatt,Maciej (2015). The assessment of the effect on trade by the national competitionauthorities of the "new" member states: Another legal partition of the internal market?. Common Market Law Review, 52(5), 1247-1275.
MLA Botta,Marco,et al."The assessment of the effect on trade by the national competitionauthorities of the "new" member states: Another legal partition of the internal market?".Common Market Law Review 52.5(2015):1247-1275.
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