Stricter National Abuse Control as a Necessary Complement to EU Competition Law Enforcement: The Reform of Regulation 1/2003

Abstract This article highlights the particular significance of national competition laws governing unilateral conduct that are stricter than Article 102 TFEU. The key provision in this regard is Article 3(2), second sentence, of Regulation 1/2003, which authorises national competition authorities to apply stricter national laws to proceedings with cross-border effects. Abolishing or amending this proven system, as is currently being discussed at EU level, would significantly weaken the protection of free and fair competition in the EU – to the detriment of both businesses and consumers