WRITTEN QUESTION P-2441/03

by Marianne Thyssen (PPE-DE) to the Commission

(16 July 2003)

Subject: Operation of the national competition authorities

In its new approach to competition policy the Commission has taken the path of greater decentralisation. Market operators are more dependent than in the past on the national competition authorities. This means that the latter have a greater responsibility.

The advantages and drawbacks of this system have been discussed on several occasions in public fora. There is one critical point, however. For this new approach to be as effective as possible, the national competition authorities must function extremely well.

Does the Commission have oversight over the way in which the national competition authorities function? If so, can the Commission inform me of the current state of affairs? If not, does the Commission not consider it desirable to set up a monitoring system of some kind?

Answer given by Mr Monti on behalf of the Commission

(12 August 2003)

The functioning of national competition authorities is first of all determined by the legal framework within which these authorities are operating. At this moment, most of the national legislations are being adapted to the new enforcement system of Community competition law, as it has been established by Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty(1). The Commission closely follows those adaptations of national law(s) in order to ensure consistency with the said Regulation.

Turning to the more general functioning of national competition authorities within that legal framework, the Commission would like to refer the Honourable Member to the yearly Council Recommendation on the broad guidelines of the economic policies of the Member States and the Community, which amongst others gives an updated oversight of the functioning of national competition authorities(2). In that same context, the Commission would like to point the Honourable Member at the regular peer review amongst competition authorities, which takes place within the context of the Organisation for Economic Cooperation and Development (OECD) and which contains valuable information on the performance of the national competition authorities(3). Both the Council Recommendation on the broad guidelines of the economic policies and the OECD peer review also contain concrete recommendations as to the improvement of the functioning of national competition authorities.

Finally, as to the application of Community competition law by national competition authorities in specific cases, the Commission would like to refer the Honourable Member to its Annual Report on Competition Policy, in which the Commission gives an overview of that application(4). Furthermore, from 1 May 2004 onwards, national competition authorities will inform the Commission on their intended course of action before they apply Community competition law. This ex ante information will undoubtedly contribute to the coherent application of Community competition law by national competition authorities.

(1) OJ L 1, 4.1.2003.

(2) http://ue.eu.int/emu/en/index.htm.

(3) http://www.oecd.org/home/.

(4) http://europa.eu.int/comm/competition/annual_reports/.