ACM’s input to the Call for evidence regarding the revision of Regulation 1-2003
The Netherlands Authority for Consumers and Markets (ACM) puts forward three recommendations for strengthening and deepening the cooperation between the national competition authorities (NCAs) and the European Commission. ACM does so in its input to the call for evidence that the European Commission has launched regarding the revision of Regulation 1/2003.
Regulation 1/2003 is a European regulation that stipulates how the European Commission and NCAs collectively enforce EU competition law, by creating a decentralized and coordinated system of investigations and decisions.
Coordination between NCAs and the European Commission
The success of the internal market and the improved enforcement roles of the NCAs have resulted in more regional competition-law cases that affect multiple – often geographically close – Member States. That makes coordination between NCAs and the Commission increasingly important. Parallel investigations by different authorities can lead to inefficiencies and even the risk of diverging outcomes. Moreover, both the Commission and NCAs currently face resource constraints as well as increased complexity as a result of new investigative tools next to the traditional application of the competition rules.
ACM’s recommendations
ACM puts forward the following recommendations:
- creating opportunities for cooperation on national competition-law tools;
- increasing opportunities for cooperation between authorities during investigations;
- introducing the option of joint decisions.