Updates & Corrigenda
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Dear Reader of "Essential EU Competition Law in Charts, 2011 Edition". Please take note of the following updates and corrigenda:
Update | p. 51
The box in the 2nd row, entitled “Generally: a system of parallel competences”, must read:
Generally: a system of parallel competences
• Arts. 4, 5 and 6 of Regulation 1/2003/EC: the NCAs, the national courts and the Commission share the competence to apply Arts. 101 and 102 TFEU (note: regarding Art. 5, only the Commission and not the NCA is empowered to make a finding that there has been no breach of Article 102 TFEU, even if that provision is applied in a procedure undertaken by an NCA; Tele2 Polska (2011)).;
• Any person or firm affected by anti-competitive behaviour may bring the matter before the national courts and seek damages (private enforcement); e.g. Pfleiderer (2011); see Chart B17.
The box in the 3rd row, entitled “Specifically: shared competence between the NCAs and the Commission, until the Commission takes the case”, must read:
Specifically: shared competence between the NCAs and the Commission, until the Commission takes the case
• Art. 11(1) of Regulation 1/2003/EC: the Commission and the NCAs apply the EU competition rules in close cooperation;
• Art. 11(6) of Regulation 1/2003/EC: proceedings by the Commission under Chapter III of the Regulation relieve the NCAs of their competence. For effect prior to accession: Toshiba (2012).