By Wouter P J Wils
After may perhaps 1 2004, the enforcement of ecu antitrust legislations entered a brand new period. even as ten new Member States joined the eu Union, rules No. 17, which had ruled the enforcement of Articles eighty one and eighty two EC considering 1962, was once changed via legislation No. 1/2003, which has ushered in far-reaching alterations. This ebook brings jointly six essays which study the heritage and major features of the recent enforcement approach, in addition to a couple of striking questions and capability parts of additional reform, together with the query no matter if inner most antitrust enforcement could be inspired, and the query even if the decisional strength in antitrust issues can be transferred to the courts. exact realization is given to the matter of the compatibility of the recent enforcement approach and of the perform of ecu antitrust enforcement with the necessities of the eu conference of Human Rights and the constitution of primary Rights of the eu Union, together with the primary of ne bis in idem, the privilege opposed to self-incrimination, and the perfect to an autonomous and neutral tribunal.
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See n 7 above, in particular paras 12–13. 181 Parallel action by the Commission and one or more national competition authorities is excluded by Article 11(6) of the Regulation. 182  OJ C364/1. org. 3 below. pdf. 184 In accordance with Article 50, the non bis in idem principle applies not only within the jurisdiction of one State but also between the jurisdictions of several Member States. 185 120. As to the scope of the right guaranteed, Article 52 of the Charter provides generally: 1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms.
But determining who would have purchased the good or service if its price had been lower, is exceedingly difficult. If the good or service is an input rather than a final product, it will also be necessary to trace the indirect effects produced by this substitution. In the US system of private enforcement, no attempt is even made to identify these victims. As to those purchasers who paid an overcharge, unless they are final consumers, they are most likely to have passed on at least part of the overcharge to other, indirect purchasers.
See E Paulis and C Gauer, n 65 above, para 11. 129 See paras 22 and 23 above. 130 Para 24. 131 Judgment of the Court of First Instance of 13 January 2004 in Case T–67/01 JCB Service v Commission, not yet published in ECR, para 162, referring to well-established case law. 132 78. In its recent judgment in the Cement cartel case, the Court of Justice has referred as follows to recital 5 and thus indirectly to Article 2 of the Regulation: As the Council very recently stated in the fifth recital of [Regulation No 1/2003], it should be for the party or the authority alleging an infringement of the competition rules to prove the existence thereof and it should be for the undertaking or the association of undertakings invoking the benefit of a defence against a finding of an infringement to demonstrate that the conditions for applying such defence are satisfied, so that the authority will then have to resort to other evidence.
Principles of European Antitrust Enforcement by Wouter P J Wils