| Abstract [eng] |
The main objective of the regulation 1/2003 was to create European competition Network (ECN) which could ensure proper enforcement of the EU competition law. Members of this network are national competition authorities and Commission which cooperate in vertical and horizontal dimensions. The base for cooperation in the ECN is articles 11 and 12 of the regulation 1/2003. Articles state that members of the ECN can cooperate in exchanging information and evidence in the network for the purpose of the application the EU competition rules. ECN also plays a role as a forum for the case allocation and ensures that case is dealt by the well-placed competition authority which can bring the entire infringement to an end. Master thesis discusses the main issues of cooperation in ECN and focuses on essential problems faced by competition authorities and undertaking. Paper also proposes possible solutions based on EU case-law and consideration of the competent EU competition law experts. First concern can be raised in the light of the application regulation 1/2003 which gives a wide power of discretion for the exchange of information in the ECN. This information can contain confidential elements therefore undertaking has to be protected from the disclosure this information. The lack of harmonization does not ensure such protection. Secondly, parallel competences of the competition authorities in the application EU competition rules can affect the right of undertakings to ne bis in idem. Master thesis discusses particular situations when this principle can be violated and states that the absent of the EU case-law in this field creates a legal uncertainty for the undertakings. Thirdly, a certain degree of legal uncertainty also exists in the application of the EU-wide Leniency programs. Absence of harmonization in this field creates difficulties for the undertaking because application for Leniency in a given national competition authority is not to be considered as application to any other authority. This means that once national competition authority decides not to take up the case the Leniency applicant can be prosecuted by another competition authority therefore undertakings should apply for all the authorities which could be well-placed to deal with the case. |
