Residential College | false |
Status | 已發表Published |
The "Dark Matter" in EU Competition Law: Non-Infringement Decisions in the New EU Member States before and after Tele2 Polska | |
Svetlicinii, Alexandr1; Bernatt, Maciej2,3; Botta, Marco4 | |
2018-06-01 | |
Source Publication | EUROPEAN LAW REVIEW |
ISSN | 0307-5400 |
Volume | 43Issue:3Pages:424-446 |
Abstract | Under art.11 Regulation 1/2003, every national competition authority (NCA) of the EU Member States must notify the EU Commission about the opening of formal investigations for a potential infringement of arts 101-102 TFEU and the envisaged decisions in that regard. The enforcement statistics for the first decade of Regulation 1/2003 indicate that the number of notified envisaged decisions is only about 50 per cent of the number of investigations opened under EU competition law. The authors explore the resulting "dark matter" in EU competition law by looking specifically at the non-infringement and closure decisions adopted by NCAs under national competition rules. The article assesses the compatibility of such decisions with the powers of NCAs under art.5 Regulation 1/2003, as interpreted in the EC Ts Tele2 Polska case law. The article shows how the ECJ's interpretation of art.5 Regulation 1/2003 has contributed to the development of the "dark matter" in the decentralised system of EU competition law enforcement, which affects the ability of the EU Commission to monitor the enforcement activities of the NCAs. |
Keyword | Anti-competitive Practices Bulgaria Competence Croatia Czech Republic Declarations Of Non-infringement Eu Law National Competition Authorities Poland Romania Slovakia |
URL | View the original |
Indexed By | SSCI |
Language | 英語English |
WOS Research Area | Government & Law |
WOS Subject | Law |
WOS ID | WOS:000435435900008 |
Publisher | SWEET MAXWELL LTD |
The Source to Article | WOS |
Scopus ID | 2-s2.0-85053491348 |
Fulltext Access | |
Citation statistics | |
Document Type | Journal article |
Collection | Faculty of Law |
Corresponding Author | Svetlicinii, Alexandr |
Affiliation | 1.University of Macau, Fac Law, Macau, Peoples R China 2.University of Warsaw, Dept European Econ Law, Fac Management, Warsaw, Poland 3.University of Warsaw, Ctr Antitrust & Regulatory Studies, Warsaw, Poland 4.Max Planck Inst Innovat & Competit, Munich, Germany |
First Author Affilication | University of Macau |
Corresponding Author Affilication | University of Macau |
Recommended Citation GB/T 7714 | Svetlicinii, Alexandr,Bernatt, Maciej,Botta, Marco. The "Dark Matter" in EU Competition Law: Non-Infringement Decisions in the New EU Member States before and after Tele2 Polska[J]. EUROPEAN LAW REVIEW, 2018, 43(3), 424-446. |
APA | Svetlicinii, Alexandr., Bernatt, Maciej., & Botta, Marco (2018). The "Dark Matter" in EU Competition Law: Non-Infringement Decisions in the New EU Member States before and after Tele2 Polska. EUROPEAN LAW REVIEW, 43(3), 424-446. |
MLA | Svetlicinii, Alexandr,et al."The "Dark Matter" in EU Competition Law: Non-Infringement Decisions in the New EU Member States before and after Tele2 Polska".EUROPEAN LAW REVIEW 43.3(2018):424-446. |
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