Support study for the evaluation of Regulations 1/2003 and 773/2004 : : final report

The purpose of the Study is to provide information to support the European Commission's evaluation of Regulations 1/2003 and 773/2004 (the "Regulations") covering the time period as from the applicability of both Regulations, as from May 2004, until 31 December 2022. From a methodological perspective, the Study is based on collection and analyses of data pertaining to the Commission, NCAs and selected third countries, as well as standardised interviews with attorneys and in-house counsel across the EU and in selected third countries, as complemented by relevant desk research. The Study provides input on (i) the general application of the Regulations, (ii) the investigative tools, (iii) the decision-making powers, (iv) the procedural rights of parties and third parties during investigations and (v) the functioning of the ECN and NCA procedural features. The results of the Study indicate that the Regulations have overall performed well in ensuring the effective and uniform application of Articles 101 and 102 TFEU across the EU. The input collected from the various workstreams has also pointed to elements worthy of further reflection, and possibly an update, to keep pace with rapid digitalisation and business evolutions.