Member States’ Interest in the Enforcement of EU Competition Law A Case Study of Article 101 TFEU

The decentralisation of the public enforcement of Articles 101 and 102 TFEU under Regulation 1/2003 altered not only its institutional setup by delegating enforcement responsibilities to national competition authorities (NCAs) and courts, but also the possibilities for Member States to implement their respective national competition policies and the domestic interest considerations embedded therein. In the multilevel governance framework established by Regulation 1/2003, the enforcement of EU competition law takes place exposed to the national political, institutional and procedural context. In particular, national laws and legal and administrative practices, which bind NCAs and national courts, directly influence the application of Articles 101 and 102 in the national territory. This chapter examines examples of such national measures and practices and assesses their impact of re-nationalising EU competition law and policy.