The Evolution of European Competition Law
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The Evolution of European Competition Law

Whose Regulation, Which Competition?

Edited by Hanns Ullrich

With contributions from leading scholars from all over Europe and the US, this book covers the major areas of substantive competition law from an evolutionary perspective. The leitmotiv of the book has been to assess the dividing line between safeguarding and regulating competition.
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Chapter 4: The Evolution of European Competition Law and the Italian Autorità Garante della Concorrenza e del Mercato

Giuseppe Tesauro


Giuseppe Tesauro* I INTRODUCTION The two turning points in the recent evolution of competition law are clearly the reform of the enforcement system of the Community law regarding agreements and abuse of dominant positions (the so-called modernization), and the reform concerning mergers. The modernization reform significantly affects the relationship between national and European enforcers of European law; both reforms have a bearing on the relationship between national and European competition laws. The merger reform also deals with a substantive issue, namely the standard of evaluation. I would like to briefly recall the main characteristics of both reforms, from the perspective of national competition authorities (NCAs), and to underline some critical points. I will then make a few concluding remarks specifically focused on the impact of the reforms on the activity of the Italian Antitrust Authority. II THE MODERNIZATION REFORM Regulation 1/2003 sets out an extremely innovative reform of the enforcement system of Community rules relating to agreements and the abuse of a dominant position. The aim of the reform is to enable the Commission to concentrate on the most important cases and to implement a significant decentralization of the application of European competition law. The four qualifying points of the reform are: the reduction of the enforcement * Presidente Autorità Garante della Concorrenza e del Mercato (retired), Professor at Università La Sapienza, Roma. The format of a free speech has been maintained. 71 72 Strategic competition policies? activity of the Commission; the duty of national authorities and judges to apply Articles...

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