The Duty of Cooperation of National Courts in EU Competition Law

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The Duty of Cooperation of National Courts in EU Competition Law

The EU Treaties have always imposed a duty on national courts and other authorities to cooperate to promote the objectives of the Treaties. The European Court of Justice has progressively based hundreds of judgments on this principle, and on specific rules derived from it. Many of these judgments concern the duty to apply EU competition law, to provide effective protection for rights given by competition law, and not to interfere with its effectiveness. Some of the practical procedural consequences of these rules are explained. Corresponding legal duties of cooperation are imposed on the European Commission by the Treaty, including the duty to assist national courts. The EU Charter of Fundamental Rights may give rise to additional practical consequences.