International Antitrust Law & Policy: Fordham Corporate Law 2004 - Hardcover
International Antitrust Law & Policy: Fordham Corporate Law 2004 - PDF
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Chapter 23
THE NEW ENFORCEMENT SYSTEM FOR
ARTICLES 81 AND 82 AND THE RIGHTS
OF DEFENCE
Kris Dekeyser and Céline Gauer†
I. INTRODUCTION
On 1 may 2004, a new enforcement system for articles 81 and 82 of
the treaty came into force. This was the end of a long reform process
which started in 1999 with the publication of the white paper1 on
modernisation of the rules of application of these articles.
The reform modified in depth the enforcement system of European
antitrust rules: it abolished the notification and authorisation system for
agreements and created the conditions for a greater involvement of
national bodies in the application of EC law.2 The reform aimed at
ensuring an efficient protection of competition in an enlarged Community.
This required both allowing the Commission to focus its action on severe
restrictions of competition law and involving more enforcers in the
application of Community law.
About the Editor:
Barry Hawk, Director, Fordham Corporate Law Institute; Professor of Law, Fordham University and Partner, Skadden Arps Slate Meagher & Flom (New York and Brussels)
