A complex architecture, based on multi-channel and multi-level enforcement of Articles 81 and 82 requires special care to ensure the internal consistency of the regime. This article, based on the Italian experience, identifies some challenges that must be met to ensure an effective operation of the modernisation system after its start-up.
As for private antitrust enforcement, the authors suggest national rules of jurisdiction limiting the number of competent courts, as well as keeping a strict conceptual distinction between the roles of fines and damages.
Modernisation was accompanied by emphasis on priority-setting, with an increasing focus on consumer protection. An accurate jurisdictional review of competition authorities’ decisions may help to avoid the risk of a goal-oriented competition policy going beyond the boundaries and changing antitrust law into something different, with a more regulatory flavour.
Finally, since the system does not provide for national decisions in application of Articles 81 and 82 to be challenged before Community courts, the effectiveness of the internal mechanisms for ensuring legal certainty and consistency is of the utmost importance. The arrangements provided in the modernisation package may require some refinement.
World Competition