Some brief considerations on the commission's 'non-unlimited' discretionality when rejecting competition law complaints under regulation 1/2003 - The General Court's ruling in case T-201/11 SI.MOBIL V European Commission

  • Pablo Figueroa Regueiro
DOI: https://doi.org/10.18543/ed-63(1)-2015pp149-156
Keywords: «not unlimited» discretion, Article 13, principle of effectiveness, National Competition Authority

Abstract

In late 2014, the General Court has recently issued a Ruling in the context of the Si.mobil case interpreting the first of these provisions in a way which further enhances the Commission’s «not unlimited» discretion when rejecting complaints (the «Si.mobil Ruling»). The Si.mobil Ruling hinged on the interpretation of Article 13(1) Regulation 1/2003 that is interpreted by Si.mobil in the light of the general principle of effectiveness of EU law. Indeed, the network formed by the competition authorities should ensure both an efficient division of work and an effective and consistent application of EC competition rules. Meanwhile, The Commission proposes that Article 13 of Regulation 1/2003 should be interpreted in such a manner that the mere fact that a NCA claims to be dealing with a case is sufficient in and of itself to enable the Commission not to take the case. Despite the fact that dispute, the truth is that on 17 December 2014, the General Court upheld the Commission Decision.

Published online: 13 July 2015

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Published
2015-07-13
How to Cite
Figueroa Regueiro, Pablo. 2015. “Some Brief Considerations on the commission’s ’non-unlimited’ Discretionality When Rejecting Competition Law Complaints under Regulation 1/2003 - The General Court’s Ruling in Case T-201/11 SI.MOBIL V European Commission”. Estudios De Deusto 63 (1), 149-56. https://doi.org/10.18543/ed-63(1)-2015pp149-156.
Issue
Vol. 63 No. 1 (2015)
Section
Special Issue

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