On 30 June 2022, the Commission announced in a press release that it is inviting feedback on the performance of the EU Regulations which lay out the procedures for the application of EU competition rules (Regulation 1/2003 and Regulation 773/2004).[1] While the Commission’s enforcement action has adapted to evolving markets and new technologies, the procedural antitrust framework has remained largely the same for almost 20 years. As Margrethe Vestager, Executive Vice-President in charge of competition policy, said: “Effective enforcement of EU antitrust rules is crucial to ensure that markets perform at their best. For almost two decades, the current procedural antitrust regulations have served us well. But in light of the challenges brought about by the digitisation of our economy, there may well be certain areas where improvements are possible or needed. Now is the time to take stock of the gained experience to ensure that the current rules remain up to date.”

In addition to the announced public consultation, the evaluation will involve an expert survey in the framework of an external evaluation support study, one or more stakeholder workshops as well as a targeted consultation with national competition authorities. The results of the evaluation exercise will be summarized by the Commission in a Staff Working Document that is planned to be published in the second quarter of 2024.

[1] EC press release 30 June 2022, ‘Antitrust: Commission seeks feedback on performance of EU antitrust enforcement framework’.