Bundeswettbewerbsbehrde

1
BUNDESWETTBEWERBSBEHÖRDE Federal Competition
Authority

• Bundeswettbewerbsbehörde
• GD Dr. Theodor Thanner

2
BRIC International Competition Conference 2009
BUNDESWETTBEWERBSBEHÖRDE

• Strengthening Cooperation on Competition
• The Marchfeld Competition Forum (MCF)
• European Competition Network (ECN)
• by Director General Dr. Theodor Thanner

3
I. MCF

• 1. Marchfeld Declaration
• 2. Objectives
• 3. Agenda
• 4. Memorandum of Understanding (MoU)
• 5. Conclusions
• 6. Financial Crisis and Competition Policy

4
1. Marchfeld Declaration

• Parties Representatives of the national
  competition authorities from Austria, Bulgaria,
  Croatia, Czech Republic, Estonia, Hungary,
  Latvia, Lithuania, Romania, Slovakia, Slovenia,
  Switzerland and from the European Commission,
  Directorate General Competition
• Date and Place July 2008 in Schloß Hof (Hof
  Castle), Marchfeld/Austria, invitation by the
  Director General of the Austrian Federal
  Competition Authority Theodor Thanner and the
  Chairman of the Czech Office for the Protection
  of Competition Martin Pecina.
• Result the so-called Marchfeld Declaration
  (Memorandum of Understanding) has been signed.

5
2. Objectives

• Initiative the strengthening of regional
  cooperation and coordination between national
  competition authorities from EU Member States as
  well as non-members
• Measures objectives shall be pursued by
  discussing topical competition-related issues in
  regular meetings and dealing with these issues
  e.g. by setting up working groups or joint
  training initiatives.

6
3. Agenda

• Cooperation of National Competition Authorities
  Chances ans Obstacles?
• Private Enforcement Past Experience and Future
  Developments
• Prices Too high or even too low? Inflation,
  Buyer Power and related Issues - The Role of
  Competition Authorities

7
4. Memorandum of Understanding (MoU)

• Parties
• Cooperation
• Competition Law Enforcement
• Policy

8
5. Conclusions

• Cooperation
• Private Enforcement
• Inflation / Buyer Power

9
6. Financial Crisis and Competition Policy

• February 2009 high level representatives of the
  MCF-Group met again in Innsbruck to discuss the
  topical issue of Financial Crisis and
  Competition Policy 
• Exchange of information on recent developments,
  best practices to deal with the new challenges
  and the elaboration and promotion of common
  positions

10
Conclusions

• Improving the exchange of information
• The importance of the European and International
  Aspect
• Formulating Common Positions
• The discussing process
• Scientic aspects
• The business community

11
II. European Competition Network (ECN)

• 1. System of the ECN
• 2. Report on the functioning of Regulation 1/2003

12
1. System

• The European Competition Network (ECN) - a forum
  for discussion and cooperation of European
  competition authorities in connection with cases
  of Articles 81 and 82 of the EC Treaty

13
Forms of Cooperation

• informing each other of new cases and enforcement
  decisions
• coordinating investigations,
• helping each other with investigations
• exchanging evidence and other information and
• discussing various issues of common interest

14
Objective

• The objective of the European Competition Network
  is to build an effective legal framework to
  enforce EC competition law against companies who
  engage in cross-border business practices which
  restrict competition and are therefore
  anti-competitive.

15
Basics

• The basic foundations of the functioning of the
  ECN are laid out in the "Commission Notice on
  cooperation within the Network of Competition
  Authorities" and in the "Joint Statement of the
  Council and the Commission on the Functioning of
  the Network of Competition Authorities".

16
Sectors

• Within the ECN, groups of experts in specific
  sectors (banking, securities, energy, insurance,
  food, pharmaceuticals, professional services,
  healthcare, environment, motor vehicles,
  telecommunications, media, IT information
  communication, Abuse of dominant positions,
  Competition Chief Economists and railways)

17
2. Report on Regulation 1/2003

• Regulation 1/2003, the keystone of the
  modernisation of the European Union's antitrust
  enforcement rules and procedures, entered into
  force on 1 May 2004. Article 44 of Regulation
  1/2003 provides that the Commission shall by 1
  May 2009, i.e. after five years of application,
  report to the European Parliament and the Council
  on its functioning.

18
Main Points of Regulation 1/2003

• System change from the notification system to
  direct application of Article 81(3) EC
• Commission procedures under Regulation 1/2003
• Application of EC competition law in accordance
  with Article 3 of Regulation 1/2003

19
Conclusions on Report 2009

• Interface with third country enforcement
• Regulation 1/2003 has significantly improved the
  Commission's enforcement of Articles 81 and 82
  EC.
• The EC competition rules have to a large extent
  become the law of the land for the whole of the
  EU.

20
Conclusions on Report 2009

• The network is an innovative model of governance
  for the implementation of Community law by the
  Commission and Member State authorities.
• Regulation 1/2003 has brought about a landmark
  change in the way the European competition law is
  enforced.