Decentralisation and EC antitrust policy: a critical commentary on the EU Commission's radical antitrust proposals Available to Purchase

The EU Commission's radical proposals to change the rule set controlling the implementation of Article 81 and 82 in antitrust matters are critically explored in this paper. This includes the Commission's reasoning behind the proposed changes, particularly the assertion that it will lead to a more effective application of community antitrust instruments, thus helping to safeguard the Single Market. The aim of the proposals is to establish a network of cooperating enforcers applying Articles 81 and 82 in an effective and uniform way, with the Commission guaranteeing this. The proposed decentralisation of antitrust applications stands in marked contrast to merger control at the EU level, with the Commission retaining exclusive jurisdiction over mergers having a community dimension. However, the Commission, in the longer term, particularly in the light of enlargement, is much more likely to rethink the architecture of EU merger control.