chapter  2
42 Pages

Enforcement of EU and UK Competition Law

Introduction This chapter deals with the ways in which the main prohibitions under EU and UK competition law are administered and enforced. The chapter will review the administrative enforcement framework in each system, the public authorities involved in enforcement, and outline the relevant rules for investigation, decision-making and judicial review. The starting point is the European Competition Network (ECN) and the EU framework of enforcement led by the Commission. In particular, we shall address the EU competition law enforcement system in relation to Arts 101 and 102 TFEU set out in Regulation 1/2003. 1 In the UK context, the enforcement system has developed through the Competition Act 1998, the Enterprise Act 2002 and the Enterprise and Regulatory Reform Act 2013. The new unitary enforcement authority in the UK, as of April 2014, is the Competition and Markets Authority (CMA), which is entrusted with enforcing the Competition Act 1998 prohibitions and Articles 101 and 102 TFEU, as the UK’s National Competition Authority in the ECN. The CMA’s investigative and ning powers for both the UK and EU prohibitions are identical. Markets, and hence the application of competition rules in relation to market behaviour, are not necessarily con ned to the territorial boundaries of either the EU or the UK – particularly given the increasing tendency towards market globalisation. The potential for the extraterritorial application of the competition rules will be considered, together with steps towards international co-operation in competition law enforcement, at the end of this chapter. The enforcement structure for market and merger investigations under the Enterprise Act 2002 will be considered in Chapters 5 and 8 respectively. This chapter focuses on the public enforcement mechanisms for the EU and UK prohibitions, and in Chapter 3 there will be detailed consideration of private enforcement of competition law, including developments to facilitate private competition litigation at both EU and UK levels to ensure adequate respect for rights damaged by competition law infringements and further enhance competition law deterrence.