NCA cannot adopt negative antitrust decisions

Again, the telecom sector gave rise to an interesting preliminary ruling on EU competition law. In the Tele2 Polska decision rendered today, the Court of Justice held that national competition authorities are not allowed to declare that there is no breach of EU competition law and acquit companies under such rules. Only the Commission can do so.

As a matter of practice, NCA must thus simply drop their enquiries but not declare that this is because there has been no breach of EU competition law (although it could actually be the case).