Die Verpflichtung der EU-Kommission zum Einschreiten gegen unternehmerische Wettbewerbsverstöße

Public antitrust enforcement by the European Commission is considered to be of essential importance for the protection of competition in the internal market. Under the settled case law of the European Court of Justice (ECJ), the Commission has a margin of discretion to set priorities in its enforcement activity and is largely free to refer to the Community interest to deny further investigation. The scope of this power and its limitation will be examined on the basis of the Commission's decision-making practice, the case law of the ECJ and different views in the german and english literature, in particular as to whether the Commission can be obliged to intervene in certain cases.