EU competition fears

The Law Society and German Federal Bar have stepped up objections to European proposals to devolve enforcement of EU competition law to national courts.

A German Federal Bar spokeswoman and the Law Society's EU head, June O'Keeffe, both called for safeguards to ensure consistent application of a new European Council regulation proposing 'directly applicable exception' procedures.

Ms O'Keeffe warned: 'There is a risk that there will be different standards and capabilities.' The German Federal Bar is also strongly opposing the plan, voicing similar objections.

The proposals will hit articles 81 and 82, which set out competition rules on restrictive practices between businesses and abuses of dominant positions.

The procedures have remained intact since 1962 and the changes would allow national authorities and courts to apply article 81 in full, rather than just the Commission.

Competition commissioner Mario Monti has described this as 'the most important legislative initiative in the competition field since the 1990 Merger Regulation'.

'The commission is trying to decentralise competition law because it has very limited resources,' explained Ms O'Keeffe.

Brussels-based Ashurst Morris Crisp partner, Julian Ellison, said: 'A lot of people in the profession would prefer that the centralised system continued, with adequate resources.'

Anne Mizzi