The Limitation Period in EU Competition Law
The Limitation Period in EU Competition Law

Summary/Abstract: Article examines the limitation periods for imposing and enforcing fines under EU competition law. Addressed topic has great practical significance for effective enforcement of EU competition rules. On one side, rules on limitation period constraint the EU Commission’s authority to impose fines for breaches of Article 101 and 102 of TEFU for indefinite time. On other side, rules on limitation period uphold rule of law by ensuring legal certainty and protecting undertakings from indefinite liability. Basic rules regulating limitation period for Competition law infringement are contained in Regulation 1/2003. Article 25 and 26 or Regulation 1/2003 define, among others, starting and ending date of limitation period, acts that suspend or/ and interrupt limitation period, special deadlines for commencement of limitation period in bid rigging cartels, etc. Although those rules are generally clear and precise, different issues arose with regard to proper application of those rules in practice. Such is for example precise determination of starting date of limitation period, type of acts or actions of the Commission that interrupt limitation period, application of Articles 25 and 26 of the Regulation 1/2003 by the national competition authorities, etc. In that context, the purpose of this paper is to provide a detailed and systematic analysis of the relevant provisions in EU law and landmark EU law cases dealing with the limitation period. Such analysis will contribute to research on the topic and provide guidance to legal practitioners in responding to challenges in application of EU rules on limitation period.

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