Delimitation of the respective competences of the Commission and National Competition Authorities with regard to the application of competition law. Case comment to the preliminary ruling of the Court of Justice of the European Union of 14 February 2012 Toshiba Corporation and Others v Úřad pro ochranu hospodářské soutěže (Case C-17/10)

Abstract

The analysed judgment was delivered by the Court of Justice (CJ) on 14 February 2012 in case C-17/10 Toshiba Corporation and Others. It concerns the interpretation of Council Regulation (EC) No. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty1 (hereafter: Regulation 1/2003), with regard to the competences of National Competition Authorities (hereafter: NCAs) to apply Article 81 and Article 82 TEC (now Article 101 and Article 102 TFEU) once the Commission has instituted antitrust proceedings. The investigated case referred to an international cartel which took place in part before, and in part after the date of the Czech Republic’s entry into the European Union. The Czech Regional Court in Brno asked for a preliminary ruling whether Article 81 TEC (now Art. 101 TFEU) and Article 3(1) of Regulation 1/2003 must be interpreted as meaning that these provisions must be applied in proceedings brought after 1 May 2004 against the said cartel, which had given rise to anti-competitive consequences on the territory of the Member State before that date. Since the proceedings against the cartel were conducted at European and national levels, it became necessary to make reference to the ne bis in idem principle applicable in antitrust law.

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