За някои въпроси на реформата в процедурата за прилагане на член 81 и член 82 от Договора за Европейската общност
Some Issues Concerning the European System of the Implementation of Rules on Competition Laid Down in Articles 81 and 82 of the Treaty

Summary/Abstract: This article deals with the main issues of the reform in the European system of competition law enforcement made by Regulation 1/2003. The highly centralized system provided for by Regulation 17/62 is replaced by a system of legal exceptions in which private parties have to take more responsibilities for enforcement. The abolition of the obligation of notification is one of the main topics of the reform. As Prof. Mario Monti, European Commissioner in charge of Competition Policy stated: "It will reduce the bureaucracy for companies..." and "It will allow the Commission to focus its enforcement activities on the most serious infringements...". The Regulation 1/2003 has changed the correlation of European competition law and national law. The new Regulation requires the parallel application of EC- and national competition law. This is likely to lead to a harmonization of substantive competition rules in the EU Member States. In order to ensure the effective enforcement of Community competition rules, Regulation 1/2003 creates a Network of Competition Authorities which includes European Commission and National Competition Authorities. National competition authorities and courts must apply Articles 81 and 82 EC, in addition to national law when an agreement or practice affects trade between Member States.

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