Non-transposition of the ECN+ Directive in Estonia: good things come to those who wait?

In a recent blog post on the Kluwer Competition Law Blog, Ellex Partner Martin Mäesalu and Lawyer Miikael Tuus discuss the ongoing issue of Estonia’s non-transposition of the ECN+ Directive.

Despite the directive needing to be transposed into national laws by 4 February 2021, Estonia remains the only Member State yet to comply. This delay has led to a significant fine of 400,000 EUR imposed by the European Court of Justice, with an additional penalty of 3,000 EUR per day until the infringement is resolved.

The article delves into the reasons behind this delay, highlighting the complexities of Estonia’s current regulatory enforcement setup. The Estonian Competition Authority currently operates with two separate proceedings: supervisory and penal law. The transposition of the ECN+ Directive would necessitate a shift towards administrative fining proceedings, a change that has sparked policy disagreements and prolonged the delay.

This situation underscores the challenges of harmonizing procedural law across different Member States, each with its unique legal systems. The authors argue that while harmonizing substantive law in the EU is relatively straightforward, aligning procedural law requires significant changes to foundational legal frameworks.

The Kluwer Competition Law Blog is a publication of Kluwer Law International, providing information and news on international competition and antitrust law. It features contributions from leading experts, including practising lawyers, academics, and economists, who report on the latest developments in the field.

For a detailed analysis, read the full blog post here.