Boosting the coherent application of EU competition law in private litigations while augmenting national courts' independence

Abstract Despite the uniform application of EU competition law being an essential feature of the EU's functioning, the globalisation and digitalisation of the EU economy has led to problematic diversifications in EU competition enforcement. Against this backdrop, this paper suggests revising the binding effects of European Commission decisions under Art.16(1), Regulation 1/2003. While the ‘traditional interpretation’ of Art.16(1) necessitates subjective and objective identity between national and EU proceedings for Art.16(1) to apply and qualifies its effect as a positive obligation, the ‘new interpretation’ considers ‘objective identity’ to be singularly sufficient and turn the effect of Art.16(1) into a negative obligation. This shift would maximise the uniformity and effectiveness of EU competition law, enhance the Commission's role as guardian of the Treaties, reinforce the ECJ's jurisdiction, ensure legal certainty, augment the discretion of national courts and solve the underlying clash with the nemo iudex in causa sua principle.