European Justice Forum

Relevant Articles of the EC Treaty

• Article 101 (Ex Article 81) (prohibition of cartels),
• Article 102 (Ex Article 82) (prohibition of abuse of dominant position),
• Article 103 (Ex Article 83) (legal basis for Community legislation – based on consultation procedure and a qualified majority vote),
• Article 105 (Ex Article 85) (Commission as the key enforcer).

Legislation

• Regulation 1/2003 (regulating enforcement of EU antitrust law by the European Commission and the national competition authorities, including the enforcement powers of the Commission – investigations, fines, decisions). See latest: the Commission’s Report on the functioning of Regulation 1/2003.
• Guidelines as to the Commission’s fining policy: revised 2006 Guidelines and previous Guidelines.

Drafts and policy papers

• Green paper on damages actions for breach of the EC antitrust law.
• White Paper on damages actions for breach of the EC antitrust law.

A draft directive on damages for breach of competition rules was presented by DG COMP to the Commission in March 2009. The proposal was highly controversial and the Commission did not proceed with the proposal. A new Commission took office in February 2010. The new Commissioner for Competition (Mr. Joaquin Almunia) has indicated that DG COMP will persue measures in this policy area, but no proposals have yet been published.