In taking a broad interpretation to the Commission’s right to intervene in national competition cases the European court has made a sensible decision, says Paul Stanley

In 2003, EU competition law was reorganised in a way that was intended to devolve much of the responsibility, in particular for the civil law enforcement of EU competition law, to national courts and competition authorities. However, in order to maintain uniformity and consistency, the Commission and national authorities were given certain roles in relation to national court proceedings. This included a right for the Commission to intervene to make submissions in national cases.

To that end, Art.15(3) of Regulation 1/2003 provides that national competition authorities “may submit written observations to the national courts of their Member State on issues relating to the application of [Arts.81 or 82 EC]”, and that “[w]here the cohe...

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