France Télécom SA v Commission of the European Communities (T-339/04)

Judgment of 8 Mar 2007

law://eu/cjeu/2004/t-339-04/para_79@2026-11-14

79With regard, first of all, to the division of powers between the Commission and the national competition authorities, it must be observed that Regulation No 1/2003 puts an end to the previous centralised regime and, in accordance with the principle of subsidiarity, establishes a wider association of national competition authorities, authorising them to implement Community competition law for this purpose. However, the scheme of the regulation relies on the close cooperation to be built up between the Commission and the competition authorities of the Member States organised as a network, the Commission being given responsibility for determining the detailed rules for such cooperation. Furthermore, the regulation does not call into question the general power that the Commission is acknowledged to enjoy by the case-law (Case C-344/98 Masterfoods [2000] ECR I-11369, paragraphs 46 and 48). The Commission in effect has very wide powers of investigation under Regulation No 1/2003 and is in any event entitled to decide to initiate proceedings relating to an infringement, which entails removing the case from the Member States' competition authorities. The Commission thus retains a leading role in the investigation of infringements.

France Télécom SA v Commission of the European Communities (T-339/04)

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