EC Competition Law and Member State Courts

The main purpose of this paper is to critically analyze the “Notice on cooperation between national courts and the Commission in applying Articles 85 and 86 of the EEC Treaty” (the “Notice”), which the Commission of the European Community (the “Commission”) published in 1993. Among the topics covered by the Notice the following deserve a closer analysis: the Commission's enforcement policy, the Commission's views on the application of Articles 85 and 86 by national courts, and the cooperation between national courts and the Commission.