Reforming the Implementation of Community Competition Rules: Impact on the European Economic Area

01-09-2001

Considering the legal homogeneity principle on which the European Economic Area is based, reforms currently under discussion in the European Community concerning the implementation of Articles 81 and 82 EC will have to be incorporated within the EEA framework once adopted, especially in the so-called EEA EFTA Pillar side. From a technical point of view, this requires sine qua non legal amendments to some EEA Agreement Protocols, to Protocol n°4 of the Agreement between EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, as well as to EEA EFTA States national legislation. However, the EEA EFTA pillar authorities have stated their wish to see additional changes carried out. This might lead the EC institutions to take these claims into account in the shaping of the final text concerning reforms. But this will probably not hinder the incorporation of the new EC competition rules into EEA legislation. It should be noted, in particular, that EFTA authorities have expressed broad support for the core aspects of the reforms.

Considering the legal homogeneity principle on which the European Economic Area is based, reforms currently under discussion in the European Community concerning the implementation of Articles 81 and 82 EC will have to be incorporated within the EEA framework once adopted, especially in the so-called EEA EFTA Pillar side. From a technical point of view, this requires sine qua non legal amendments to some EEA Agreement Protocols, to Protocol n°4 of the Agreement between EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, as well as to EEA EFTA States national legislation. However, the EEA EFTA pillar authorities have stated their wish to see additional changes carried out. This might lead the EC institutions to take these claims into account in the shaping of the final text concerning reforms. But this will probably not hinder the incorporation of the new EC competition rules into EEA legislation. It should be noted, in particular, that EFTA authorities have expressed broad support for the core aspects of the reforms.

Awtur estern

Olivier Delattre, Robert Schuman Scholar