EC Competition Law vs. Greek Competition Law: Conscious Parallelism or Unconscious Competition?

This article is part of a Chronicle. See more from this Chronicle

Lia Vitzilaiou, George Zohios, Jun 13, 2009

On April 30, 2009, one day before the 5th anniversary of the entry into force of Regulation 1/2003 on the reform of EC competition law procedural rules, the Commission of the European Communities published a Report on the functioning of the Regulation. In this Report, the Commission outlines its decision-making practices over the last five years and examines the impact of the new procedural arrangements on its productivity and duration of proceedings. Furthermore, the Commission describes its experience from its cooperation with National Competition Authorities (“NCAs”) and National Courts. One of the most radical reforms that Council Regulation 1/2003 brought about was the abolishment of the prior notification system of agreements for individual exemption under Art. 81(3) and the introduction of the “self-assessment” system, which allowed the parties to decide whether their agreement qualified for an exemption and was therefore legal. The main purpose of such reform, which rendered Art. 81 (3) directly applicable, was to reduce the Commission workload associated with hundreds of notifications many of which concerned agreements without any anticompetitive effects and allow it to “concentrate its resources on curbing the most serious infringements, while also relieving undertakings from considerable costs.” According to the Commission Report, this aim has been largely fu…


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