THE ADMINISTRATIVE PROCEDURE FOR THE ENFORCEMENT OF THE EU ANTI-TRUST LAW

Abstract

The legal procedure for enforcement of the EU substantial anti-trust provisions is basically set in two levels (administrative and judicial). The legal procedure at the stage of first level taken by the European Commission or by national anti-trust commissions is an administrative by its legal nature although there are similarities to criminal procedure because of some legal authors allege it is a "quasi judicial" procedure. Decisions taken in the legal procedure on the first level are subjects of judicial control. The Commission decision can be charged by suit before the Court of First Instance and against the Court of First Instance judgment is allowed to submit a complaint to the Court of Justice, limited on legal reasons. Since proceedings pursued by the courts in control of first stage decisions given in the area of the competition law are not particularly prescribed but those are applied procedural rules the courts already proceed, this article is devoted to an analysis of the first levelled i.e. administrative legal procedure in the field of the EU anti-trust law.