Paper Titles & Abstracts

The debate about the framework for an efficient enforcement of Competition law in the European Union presents several dimensions. For a long time, the debate was almost monopolized by the relation between the international and national dimension of Competition law. After entry into force of Council regulation (EC) 1/2003, the attention seems to have gradually shifted to the issue of the civil and criminal dimension of competition law.From the point of view of the enforcement, these different dimensions of competition law pose a number of questions. Whereas it is commonly accepted that Competition law is to be applied by civil courts, civil law procedural law presents different limits as to an efficient enforcement of Competition. On the contrary, the qualification of Competition law as criminal law remains highly controversial. So article 23 (5) of regulation (EC) 1/2003 specifies that the decision taken by the Commission in view of the enforcement of article 101 and 102 TFUE shall not be of criminal law nature.The paper focuses on the problems arising from the qualification of competition law respectively as administrative, civil or criminal law. After a broad description of the different faces of competition law (I), it addresses the development of the civil enforcement of competition law starting from the publication in 2008 of the white book of the Commission on this topic (II). Subsequently, it examines to which extent the European Competition Law can be considered as criminal law in light of the judgement rendered in September 27, 2011, Menarini diagnostic Srl vs. Italy, the European Court of Human Rights, for competition law procedure of the Commission, and what are the possible consequences.