Competition lawField study on the functioning of the national judicial systems for the application of competition law rules
Client: DG Environment
The purpose of this study was:
1. to identify all national cases applying EU Competition Law rules (in particular Articles 101 and 102 TFEU) and to collect specific data relating to those cases (e.g. duration, parties involved, costs). Data was used for the purposes of the European Commission’s EU Justice Scoreboard. The study covered two types of cases: (a) judicial review of the decisions of national competition authorities (data covered one or two instances, where applicable) and (b)further follow-up private enforcement actions to Commission decisions or to decisions of national authorities (covered all instances);
2. to gather qualitative feedback from a sufficiently representative group of stakeholders on the efficiency, quality and independence of the justice system for the application of EU competition law rules. Feedback was gathered from parties, practitioners and judges that had been involved in relevant cases. Representatives of consumers, professionals and businesses were also contacted;
3. on the basis of the above, to identify trends in practices and recurrent problems in the functioning of national justice systems for the application of competition law rules in the different Member States.