Regulation 1/2003 and its implementing regulation, Regulation 773/2004 (together, the “Antitrust Procedural Regulations”), constitute the current procedural framework for the application of EU antitrust rules, namely Articles 101 and 102 of the Treaty on the Functioning of the European Union. The Commission, national competition authorities, lawyers, businesses and other stakeholders have had almost 20 years of practice and experience in the application of the Antitrust Procedural Regulations. The time is therefore ripe to evaluate this framework, notably in light of changes to the economic landscape that have taken place since the entry into force of Regulation 1/2003, such as the digitisation of the global economy.
The evaluation of the Antitrust Procedural Regulations has to be seen in the context of the broader evaluation and review exercise launched in the area of EU competition law in the past years and the Commission’s commitment to assess the effectiveness of its antitrust procedural tools in order to ensure that they are fit for the digital age. This evaluation will take place almost ten years after the publication of the Commission communication on “Ten Years of Antitrust Enforcement under Regulation 1/2003: Achievements and Future Perspectives”.
All citizens and organisations are welcome to contribute to the consultation, which consists of a general and a detailed questionnaire.
Given its more technical nature, the detailed questionnaire is most suitable for stakeholders with experience in the practical application of the Antitrust Procedural Regulations.
Contributions are particularly sought from undertakings of different sizes and sectors, based in different EU Member States and beyond; business associations; consumer associations; law firms and lawyers with expertise in applying EU antitrust rules and procedures; public authorities; and academics.
If you belong to the general public, the general questionnaire available on Have Your Say may be more suitable for you. To go to the public questionnaire, please click here.
Period of consultation
From 30.06.2022 to 06.10.2022 (midnight Brussels time)
Objective of the consultation
The objective of the evaluation is to promote a reflection on the procedures for the application of Articles 101 and 102 TFEU set out in the Antitrust Procedural Regulations. The consultation aims to ensure that experience and views of various stakeholders across the EU are reflected in the evaluation of the applicable legal framework. In particular, the consultation process aims at collecting in-depth and high quality evidence that will provide a solid basis for the assessment of the performance of the antitrust procedural framework, also in light of changes that have occurred in market dynamics since the adoption of Regulation 1/2003, such as the digitisation of the global economy.
How to submit your contribution
You can contribute to the detailed consultation by completing an online detailed questionnaire.
To access the online detailed questionnaire, please click here.
If you belong to the general public, the general questionnaire which the Commission is publishing in parallel may be more suitable for you. To go to the general questionnaire, please click here.
Reference documents and other, related consultations
Directorate-General for Competition – Unit A1
Please always indicate the reference number in your correspondence: HT.6033
Directorate-General for Competition
1049 Bruxelles /Brussel
Results of consultation and next steps
The results of the consultation will be published in a factual summary report to be published on this webpage after the consultation has closed. The summary of the results of the consultation will be annexed to the final Staff Working Document covering the evaluation.