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Law
Competition Policy

Regulation 1/2003

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 

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 1/2003. 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” Conference

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On 20 June 2023, DG Competition celebrated twenty years of EU antitrust enforcement under Regulation 1/2003 with a conference that brought together leading experts to discuss and reflect on the achievements, needs and challenges of the current antitrust procedural framework. See here for more details.

4. Interactive Workshop on the Evaluation of Reg. 1/2003

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On 12 October 2023, DG Competition organised a specialised interactive workshop to gather stakeholder views that will assist in its evaluation of Regulations 1/2003 and 773/2004. See here for more details.

 

Regulation 1/2003

 

Implementing Regulation

  • 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:

 

Report on Regulation 1/2003 pursuant to Art. 44 of the Regulation