European Union: European Commission opened consultation on revision of EU antitrust procedural rules (Regulation (EC) No 1/2003 and Regulation (EC) No 773/2004)

On 10 July 2025, the European Commission opened a consultation on revising Regulation (EC) No 1/2003 and Regulation (EC) No 773/2004 concerning EU antitrust procedural rules, until 2 October 2025. Led by the Directorate-General for Competition, the initiative aims to provide a procedural framework for effective and uniform application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) to prevent competition distortion, while seeking to reduce administrative burden where possible without undermining enforcement. The revision focuses on improving certain aspects of the Commission’s procedures and addressing risks of fragmented enforcement from stricter national laws on unilateral conduct. Policy options under consideration aim to modernise enforcement tools and procedures in the digital context. These include adapting investigative powers, such as introducing independent preservation orders, applying inspection powers regardless of data storage location, and enabling the summoning of individuals for questioning. The initiative also seeks to improve decision-making processes to allow faster enforcement, for example by adapting interim measures under Article 8 and commitment proceedings under Article 9. Another area of focus is improving procedural access, including granting external advisors access to confidential files. The options further aim to simplify participation for complainants and third parties, such as by abolishing the formal right of complainants to receive rejection decisions and harmonising the rights of non-investigated parties. Lastly, the initiative addresses fragmented enforcement by adapting coordination mechanisms between competition authorities. These options remain at a preliminary stage.