Extract

This blog analyses the obligation of Albania to approximate its existing and future competition law with the EU competition acquis, including the need to transpose the ECN + Directive in the pre-accession stage. Then, the blog discusses the approach taken by the Albanian Competition Authority (ACA) to transpose the ECN + Directive is mistaken. It concludes that the harmonization of public enforcement tools is far from being completed

Regulation 1/2003 and the Need for an Update

Since 2003, when Regulation 1/2003 came into force, Member States’ national competition authorities (NCAs) have been empowered to fully apply all the aspects of the EU competition rules alongside the Commission. Furthermore, Regulation 1/2003 introduced a close form of cooperation between the Commission and NCAs, notably “the European Competition Network” (ECN). Pursuant to Art 35 of Regulation 1/2003, the ECN has been designed as a complex forum for the exchange of experience on EU competition law and to ensure that the same rules are applied consistently throughout the EU.

While Regulation 1/2003 empowered NCAs to apply the EU competition rules, the procedures for the application of EU competition rules were largely governed by the national law, subject to the principles of effectiveness and equivalence. This means that NCAs apply the EU competition rules based on different procedures. Consequently, some EU Member States have the same main working tools as the Commission, others lack fundamental powers. Moreover, some NCAs have not set their enforcement priorities. Also, there are differences in the scope of investigative powers.

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