The European Union is an internal market where free movement of goods, persons, services and capital is guaranteed by the EU Treaty. Member States cannot erect or maintain trade barriers in the form of regulatory law limiting market entry. Next to the prohibition of regulatory trade barriers, rules of EU competition law (prohibition of anticompetitive agreements, abuses of dominant position and control of concentrations) aim at avoiding barriers to trade that are newly created by companies wishing to protect their market position from competition. In the European Union, competition policy is practiced both on the level of the European Union and by individual Member States. Competition laws of the Member States exist alongside the EU competition rules and, consequently, there are also different enforcement levels. On the EU level the main actor is the European Commission and its Competition Directorate General. Decisions of the Commission can be appealed before the European Courts. On the Member States’ level, both National Competition Authorities (NCAs) and courts apply rules of EU competition law. Member States’ laws are enforced according to national provisions, which may empower both administrative agencies and/or courts to apply the antitrust provisions. The parallel competences of the European Commission and the NCAs may lead to coordination problems and inconsistent enforcement actions. The European Competition Network has been created to increase the cooperation between the European Commission and the NCAs, lay down the division of work and ensure the consistent application of the competition rules across the EU. Basic principles regarding the division of powers between the European Union and the Member States must be respected, also in the field of competition law. Generally, the EU only enjoys powers that are attributed to European authorities; some of these powers may belong exclusively to the Union whereas others are shared with the Member States. In exercising its non- exclusive powers, the EU authorities must respect the principles of subsidiarity and proportionality.3 Concerning anticompetitive agreements and abuses of dominant position, the requirement of ‘impact on interstate trade’ delineates the scope of jurisdiction with respect to anticompetitive agreements and abuses of a dominant position. The European Commission cannot take action to prohibit anticompetitive agreements that do not have an impact on trade flows between the Member States. However, the notion of ‘effect on interstate trade’ has been interpreted in an increasingly broad manner by the European Court of Justice with, as a consequence, a reduced degree of Member State autonomy.4 National competition laws may continue to regulate anticompetitive agreements and abuses of market power that generate effects only within the borders of a single Member State. These laws may be similar to the European rules but, in principle, they can also be either more or less strict than their European counterparts. Since anticompetitive …