Article 5 of Regulation 1/2003: the limits to national procedural autonomy

Examines the European Court of Justice decision in Prezes Urzedu Ochrony Konkurencji i Konsumentow v Tele2 Polska sp z oo (now Netia SA) (C-375/09) on whether, in a case concerning the parallel application of national and EU competition law, a national competition authority was competent to declare definitively that a practice did not infringe the Treaty on the functioning of the European Union art.102, as per national law, or merely to declare that there were no grounds for action under that provision, as per Regulation 1/2003 art.5.