Cooperation with national courts (Antitrust)
Application of antitrust law by national courts
National courts play a key role in the enforcement of European competition policy. They may be called upon to apply Article 101 and 102 TFEU in a variety of scenarios:
- some courts have jurisdiction for lawsuits between private parties, such as actions relating to contracts or actions for damages;
- some act as public enforcers (e.g. in Finland, Ireland and Sweden);
- and some act as review courts, hearing appeals which are brought against decisions of the national competition authorities.
Council Regulation 1/2003 introduced a greater role for national courts in the enforcement of 101 and 102 TFEU. It empowered national courts to enforce these articles in full.
Moreover, if national courts apply national competition law, they also have to apply EU competition law where there is an effect on trade.
Cooperation with the Commission
In order to assist national courts in the application of Articles 101 and 102 TFEU, the Commission is committed to help them where they find such help necessary or useful to decide on a case. This builds on the mutual duty of loyal cooperation provided for by Article 4(3) TEU. Article 15 of Council Regulation 1/2003 expressly provides for the most frequent means of assistance:
- the transmission by the Commission of information in its possession (Article 15(1));
- the giving of opinions by the Commission on questions concerning the application of the Community competition rules (Article 15(1)); and
- the possibility for the Commission to submit observations to national courts as amicus curiae (Article 15(3)).
Further details of this cooperation are set out in the Notice on cooperation with courts of the EU Member States in the application of [Articles 101 and 102 TFEU].
Requests for information or opinion vs. preliminary rulings (Article 267 TFEU)
The right of a national court to request the Commission for an opinion pursuant to Article 15(1) of Regulation 1/2003 is of course without prejudice to the possibility or the obligation of the national court to ask the Court of Justice for a preliminary ruling under Article 267 TFEU.
The authoritative interpretation of European law by the Court of Justice is binding on the national court, in contrast to the opinion of the Commission.
A preliminary ruling of the Court of Justice is on the interpretation of the law of the European Union and the validity of acts of secondary legislation, whereas a national court may ask the Commission for its opinion pursuant to Article 15(1) of Regulation 1/2003 on economic, factual and legal matters.
|
