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Modernization of European Court Competition Law - Assignment Example

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The assignment 'Modernization of European Court Competition Law' will evaluate the effect of Regulation 1/2003 on the applicability of Articles 81 and 82 EC. Furthermore, the role of lawyers in the current EU régime will be assessed, specifically the disadvantages experienced by in – house lawyers…
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Modernization of European Court Competition Law
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Download file to see previous pages Regulation 1/2003 abolished the exemption monopoly of the Commission. It established a new enforcement system that introduced a legal exception system. It directly applies the provisions of Article 81(3). Therefore, any restrictive agreement would become valid and enforceable provided it fulfils the conditions of exception laid down by Article 81(3) (Benini, 2003).

Such restrictive agreement would be treated as valid from its inception. It can be enforced before national courts of the Member States. In other words, if a restrictive agreement fails to fulfil the exception conditions contained in the Article 81(3), it would be deemed to be null and void from its formation (Benini, 2003). As such, this new system established by the Regulation improves the effectiveness in implementing and enforcing the competition rules and conditions of the EU.

The new system engendered by this Regulation benefits companies by reducing the cumbersome procedure of notification of agreements to the Commission. Consequently, the Commission will be in a position to concentrate its enforcement mechanisms on the most serious offences and infringements. With this new position, the Commission can effectively regulate the activities of cartels. The Commission will no longer have to focus on a plethora of notifications and related matters (Benini, 2003). In this manner, the new system enables the NCAs, like the Office of Fair Trading, to directly apply the competition rules of the EU.

The Commission forgoes its monopoly for the application of the exception rules to the restrictive agreements. This monopoly had restricted the national courts while dealing with matters pertaining to the competition. In the absence of such a monopoly, the national courts will be in a position to fully adjudicate cases relating to the competition (Benini, 2003).

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