Evaluation of Regulations 1/2003 and 773/2004
The current framework for the application of EU competition rules is found in Regulation 1/2003. Regulation 1/2003 came into force on 1 May 2004 and replaced the procedural framework for the application of EU competition rules set out in Regulation 17 of 6 February 1962. Regulation 773/2004 set out the procedural framework for the application of Regulation 1/2003 and also came into force on 1 May 2004.
The Commission’s Directorate General for Competition, national competition authorities and other stakeholders have had almost 20 years of practice and experience in the application of Regulation 1/2003 and Regulation 773/2004. The time is therefore ripe to evaluate the procedural framework that the Regulations have created. Such an evaluation is particularly pertinent in light of the digitisation of the economy and the Commission’s priority of creating a Europe that is fit for the digital age.
A staff working document with the results of the evaluation is planned for the second quarter of 2024.
1. Results of the public consultation
As part of the evaluation, the Commission sought the views of stakeholders on the effectiveness, efficiency, relevance, coherence and EU added value of Regulation 1/2203. To this end, both a short questionnaire and a detailed questionnaire were published in parallel.
The responses to the shorter questionnaire may be found on the Better Regulation webpage.
Responses to the detailed questionnaire can be found here and annexes here.
Position papers were also sent by stakeholders in the context of the public consultation. These can be found here.
A factual summary of the contributions received in the context of the public consultation on the evaluation of Regulations 1/2003 and 774/2004 can be found here.
2.Evaluation support study
In order to assist it in its evaluation of Regulation 1/2003 and Regulation 773/2004, the Commission launched an open call for tender for an evaluation support study.
The study contract was awarded in December 2022.
3. “20 Years of Reg. 1/2003: A (r)evolutionary tale” - stakeholder workshop
On 20 June 2023, DG Competition will celebrate twenty years of EU antitrust enforcement under Regulation 1/2003 with a conference that will bring together leading experts to discuss and reflect on the achievements, needs and challenges of the current antitrust procedural framework. See here for more details.
- Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty
Official Journal L 1, 04.01.2003, p.1-25
- Council Regulation (EC) No 411/2004 of 26 February 2004 repealing Regulation (EEC) No 3975/87 and amending Regulations (EEC) No 3976/87 and (EC) No 1/2003, in connection with air transport between the Community and third countries
Official Journal L 68, 06.03.2004, p. 1-2
- Council Regulation (EC) No 1419/2006 of 25 September 2006 repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport, and amending Regulation (EC) No 1/2003 as regards the extension of its scope to include cabotage and international tramp services (Text with EEA relevance)
Official Journal L 269, 28.9.2006, p. 1–3
- Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty
Official Journal L 123, 27.04.2004, p. 18-24
- The consolidated version of Regulation 773/2004 can be found here.
Ten Years of Antitrust Enforcement under Regulation 1/2003
Achievements and Future Perspectives:
- Communication from the Commission - Ten Years of Antitrust Enforcement under Regulation 1/2003: Achievements and Future Perspectives (COM(2014) 453, 9.7.2014)
- Commission Staff Working Document SWD (2014) 230 - Ten Years of Antitrust Enforcement under Regulation 1/2003 (SWD(2014) 230/2, 9.7.2014)
- Commission Staff Working Document SWD (2014) 231 - Enhancing competition enforcement by the Member States' competition authorities: institutional and procedural issues (SWD(2014) 231/2, 9.7.2014)
Report on Regulation 1/2003 pursuant to Art. 44 of the Regulation
- Communication from the Commission to the European Parliament and the Council, Report on the functioning of Regulation 1/2003 (COM(2009) 206 final, 29.4.2009)
- Commission Staff Working Paper accompanying the Report on the functioning of Regulation 1/2003 (SEC(2009) 574 final, 29.4.2009)
- Press release IP/09/683: Commission adopts report on functioning of key antitrust Regulation