浅议欧盟竞争法的私人执行

On the Private Enforcemenl of EU Competition Law

竞争法既可以公共执行,也可以私人执行。由于缺少明确的法律基础以及委员会享有垄断性的豁免审批权,欧盟竞争法的私人执行长期以来不够发达。虽然欧洲法院和欧盟委员会、理事会做了相当程度的努力,但效果仍然不够理想。最近,欧盟委员会颁布了有关竞争法私人执行的绿皮书,指出了欧盟竞争法私人执行中存在的主要障碍和问题,希望进一步推动欧盟竞争法的私人执行,发展欧盟的竞争文化。由此可见,欧盟进一步推进竞争法私人执行的决心很大,竞争法私人执行制度在欧盟势必会得到进一步发展。

Competition Law can be enforced by public authority or by private litigant. The private enforcement of EU Competition Law has been underdeveloped for a long time owing to uncertain legal base and exclusive control over granting exemption by EU Commission. Although ECJ, EU Commission and Council tried their best to improve this situation, the result was not up to satisfactory. In order to further promote private enforcement of EU Competition Law and to develop competition culture within the EU, the Commission published a Green Paper on private enforcement of Competition Law recently. The paper points out the main obstacles and problems in the enforcement, and expresses a strong will to foster private enforcement. Therefore, we have every reason to believe that private enforcement of Competition Law could develop steadily in the EU.