TY - JOUR

T1 - Time to rethink the interaction between ex-ante-sector regulation and ex-post-competition law

AU - Bergqvist, Christian

PY - 2024

Y1 - 2024

N2 - It follows directly from the EU’s legal structures that in the case of conflicts between competition law and any secondary regulation, priority must be given to the former by virtue of its higher place in the legal hierarchy. Regardless, in DB Station (C-721/20), at para. 81, the European Court of Justice suggested halting competition law enforcement if sectoral regulation derived from an EU Directive was available, indicating a different position. In the underlying case, a potential victim of excessive pricing for railroad services in Germany had complained. Initially, the complaint was made to the sector regulator designated under the EU Directive, but following discontent with the lack of progress due to appeals, etc., an Article 102 case had been tabled before a local court. Confronted with this, the court referred questions to the European Court of Justice, yielding a ruling that does not comport with the notion of competition law as superior and always applicable regardless of sectoral regulation. However, it does comport with what tacitly have been practiced for years by DG COMP.

AB - It follows directly from the EU’s legal structures that in the case of conflicts between competition law and any secondary regulation, priority must be given to the former by virtue of its higher place in the legal hierarchy. Regardless, in DB Station (C-721/20), at para. 81, the European Court of Justice suggested halting competition law enforcement if sectoral regulation derived from an EU Directive was available, indicating a different position. In the underlying case, a potential victim of excessive pricing for railroad services in Germany had complained. Initially, the complaint was made to the sector regulator designated under the EU Directive, but following discontent with the lack of progress due to appeals, etc., an Article 102 case had been tabled before a local court. Confronted with this, the court referred questions to the European Court of Justice, yielding a ruling that does not comport with the notion of competition law as superior and always applicable regardless of sectoral regulation. However, it does comport with what tacitly have been practiced for years by DG COMP.

M3 - Journal article

JO - EU Law Live - The Week

JF - EU Law Live - The Week

IS - 21 - 2024

ER -