<i>Sped-Pro</i>: The Impact of Rule-of-Law Backsliding on the Enforcement of (EU) Competition Law-Reference-Cited by-同舟云学术

Sped-Pro: The Impact of Rule-of-Law Backsliding on the Enforcement of (EU) Competition Law

Published:2023-12-01 Issue:4 Volume:28 Page:131-144
ISSN:2719-9452
Container-title:Białostockie Studia Prawnicze
language:en
Short-container-title:

Author:

Cseres Kati¹^ORCID,Hwija Karolina²^ORCID

Affiliation:

1. 1 University of Amsterdam , Netherlands

2. 2 University of Amsterdam , Netherlands

Abstract

Abstract The Sped-Pro judgment concerns an action for annulment of an EU Commission decision rejecting a complaint alleging the abuse of a dominant position by the Polish state-owned railway company PKP Cargo. In this judgment, the General Court for the first time established a direct link between systematic deficiencies in the legal order of a Member State and the ability of its competition authority to investigate and take enforcement action under EU law. The General Court addressed issues of the rule of law as an element of effective competition law enforcement and the case allocation principles between the Commission and National Competition Authorities (NCAs) under the decentralised enforcement system of Regulation 1/2003. The General Court now requires the Commission to examine, when handling complaints, whether an NCA can actually enforce EU law effectively.

Publisher

University of Bialystok

Link

https://www.sciendo.com/pdf/10.15290/bsp.2023.28.04.08

Reference35 articles.

1. Brook O., and Cseres K.J., Policy Report: Priority Setting in EU and National Competition Law Enforcement, https://ssrn.com/abstract=3930189.

2. Commission Decision No. 773/2004 on the case of AT.40459 (COM 12.08.2019).

3. Commission Notice on Cooperation within the Network of Competition Authorities (O.J. C 101, 27.04.2004, p. 43).

4. Commission Staff Working Document, Enhancing Competition Enforcement by the Member States’ Competition Authorities: Institutional and Procedural Issues, https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52014SC0231&from=EN.

5. Council Regulation (EC) No. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (O.J. L 1, 16.12.2002, p. 1).