On Friday, 11 July, the European Commission launched a public consultation on the revision of the procedural framework (Regulation 1/2003 and Implementing Regulation 773/2004) governing the implementation of the European Union’s competition rules, which has been in force for 20 years.
Stakeholders are invited to give feedback on two issues that are identified in a working document by the EU institution that was published in September 2024 (see EUROPE 13476/15) and that are expected to improve the enforcement of antitrust rules in the EU in terms of speed and efficiency in an increasingly digital environment.
The following are thus subject to consultation until Thursday, 2 October: the European Commission’s investigative powers (specifically inspections, requests for information, and interviews), certain aspects of the European Commission’s decision-making powers (specifically how it can adopt interim measures and commitments), the procedure for accessing the European Commission’s file, the procedure for complainants and third parties’ participation in competition investigations, and how to optimise co-enforcement with national competition authorities and national courts.
With regard to investigative tools, the consultation document envisages three options for improving the effectiveness of the European Commission’s actions, including the creation of an independent, autonomous power that would enable it to adopt decisions ordering that physical and digital information be preserved.
The EU institution will organise a workshop specifically dedicated to this matter later this year. A proposal for legislative revision—accompanied by an impact study—is not expected before September 2026.
In a press release, Teresa Ribera, the European Commission’s executive vice-president responsible for competition matters, declared, “After more than twenty years of successful enforcement, it is time to adapt our antitrust toolkit to keep up with today’s challenges. The revision of Regulation 1/2003 will shape EU competition policy, ensuring we are equipped with the best tools possible for modernised and effective antitrust enforcement”.
See the consultation document: https://aeur.eu/f/hus (Original version in French by Mathieu Bion)