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ARTICLE · 15 NOVEMBER 2024

Regulation 1/2003 2.0 – What To Expect For A Revised Procedural Antitrust Framework Under A New European Commission?

Norton Rose Fulbright Hong Kong
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The European Commission (EC) is contemplating a revision of the procedural framework for antitrust investigations that is laid down in Regulation 1/20031 and Regulation 773/20042 (together, the "Regulations").

United KingdomAntitrust/Competition Law
Alexandra Rogers
Alexandra Rogers
Violetta Bourt
Violetta Bourt
David Fila
David Fila

The European Commission (EC) is contemplating a revision of the procedural framework for antitrust investigations that is laid down in Regulation 1/2003 1 and Regulation 773/2004 2 (together, the "Regulations"). After collecting evidence from stakeholders, the EC published, as the final step in the evaluation, its Commission Staff Working Document on 5 September 2024. 3 The overriding theme of the EC's evaluation is to assess whether the Regulations, having come into force 20 years ago, are coherent with the digital age as well the objective to achieve a stronger single market.

Better, faster, stronger?

The EC is likely to propose measures to tackle one of the most heavily criticized characteristics of antitrust proceedings – the length of investigations. Based on the aspects discussed in the Commission Staff Working Document, the most probable changes will involve streamlining the complaints process, the access to file process, the request for information

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