The aims of EU competition law are contested. The mainstream view that competition law prohibits conduct that harms consumer welfare leads to discussion about the proper economic approach to apply. EU competition law has often been applied in ways that address other public policy considerations, presently focusing on promoting digital markets and a green agenda. The procedures to apply competition law must safeguard the fundamental rights of undertakings and the Court of Justice has helped shape the degree of protection as well as the right to a robust judicial review of Commission decisions. Since 2004, national competition authorities have been tasked with applying EU competition law. Cooperation among national authorities and the Commission is facilitated by the European Competition Network and the ECN+ Directive has conferred on each national competition authorities the same enforcement powers that the Commission enjoys. Each national authority focuses on cases that affect its jurisdiction, the Commission retaining responsibility for cross-border infringements. Private enforcement has been facilitated by the EU legislature and a system of collective redress by which consumers secure compensation is emerging slowly in some jurisdictions.

Chapter 6 discusses the functioning of a regional system of competition law during a time of populism. This chapter is focused on the EU competition law system. Four topics are addressed. The first is the EU legislative initiative, which is aimed to empower national competition authorities, i.e. the ECN+ Directive.It is argued that this directive is not likely to resolve the problems faced by national competition law regimes subject to populists’ government’s pressure. Second, the chapter analyses what is the reaction of the EU competition law system to developments at the national level brought about by populists’ governments. Both the reactions of the EU institutions (the European Commission and the Court of Justice) and national institutions are analyzed. The insufficiency of these reactions is examined and explained. Third, the chapter outlines and examines the deficit of trust in the decentralized system of enforcement of EU competition law and shows how the rise of populism can have consequences for the EU competition law system, including the functioning of the European Competition Network. Fourth, the functioning of the central level of EU competition law system is examined.