Resumen de Private enforcement of the EU competition rules: the Commission wishes to "Practise what it Preaches". But Can it Do So? Comment on Otis

Arianna Andreangeli

• Following the 2007 Commission decision on the Escalators and Elevators cartel, the EU Commission, on behalf of the European Union, lodged an action for competition damages, relying on its own infringement decision to prove that the defendant had breached art.101 TFEU. This case comment will consider whether the fact that the decision itself enjoyed "binding legal effects" on the domestic court as regards the finding of an infringement, according to art.16 of Council Regulation 1/2003, allowed the Commission to act as "judge in its own cause". It will also examine whether the proceedings remained consistent with the principle of "equality of arms", given the Commission's involvement as investigator.