Commission publishes findings of evaluation of EU antitrust enforcement framework

The European Commission yesterday published a Commission Staff Working Document summarising the findings of the evaluation of the EU Regulations laying down the procedures for the application of the EU competition rules(Regulation 1/2003 and Regulation 773/2004, together the “Regulations”).

The Regulations establish the procedural framework for the application of the EU competition rules laid down in Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) and have played a crucial role in the enforcement of EU antitrust rules since their entry into force 20 years ago.

Between 1 May 2004 and August 2024, the Commission adopted 225 enforcement decisions, in some cases to declare an infringement of EU competition rules, in others to accept commitments that would remove preliminary reservations. The Commission has imposed fines of more than €42 billion under Regulation (EC) No 1/2003, of which approximately €37 billion have been upheld by EU courts. Between 2012 and 2021, the total estimated savings for customers from all Commission cartel and antitrust interventions were between €50 and €87 billion.

Executive Vice-President Margrethe Vestager, responsible for competition policy, said: “The current EU antitrust enforcement framework has been a resounding success. Regulation 1/2003 updated the Commission’s investigative and decision-making toolbox. It broadened the application of EU competition rules by giving national competition authorities the power to enforce them, fostering a common competition culture within the European Competition Network. At the same time, the evaluation has identified areas where further reflection is needed to ensure that our enforcement tools keep pace with the transformative changes of digitalisation and to ensure swift application of the antitrust rules.

Source: European Commission