European Competition Law: A Practitioner's Guide- 3rd Edition / Edition 3

European Competition Law: A Practitioner's Guide- 3rd Edition / Edition 3

by Ritter, W. David Braun
     
 

ISBN-10: 9041122001

ISBN-13: 9789041122001

Pub. Date: 10/28/2004

Publisher: Wolters Kluwer Legal & Regulatory

No branch of European law has been as subject to expansion and change as competition law. Between the enormous forces of globalization, technology, and EU enlargement, the Commission and national competition authorities have been compelled to keep

Overview

No branch of European law has been as subject to expansion and change as competition law. Between the enormous forces of globalization, technology, and EU enlargement, the Commission and national competition authorities have been compelled to keep

Product Details

ISBN-13:
9789041122001
Publisher:
Wolters Kluwer Legal & Regulatory
Publication date:
10/28/2004
Pages:
1300
Product dimensions:
6.54(w) x 9.70(h) x 2.34(d)

Table of Contents

Foreword

List of Abbreviations

Table of the Applicable Competition Rules

Chapter I

Fundamentals of EC Competition Law A. EC Competition Policy B. Application of the Community¿s Competition Rules C. The Arena of Competition: The Relevant Market D. Addressees of Competition Rules E. Scope of Application F. Parallel Application of Competition Law on Community and National Level

Chapter II Article 81 ¿ General Principles A. Introduction B. System of Article 81 (1) C. System of Article 81 (3) D. Consequences of Infringing Article 81

Chapter III

Permitted, Prohibited and Exemptible Forms of Horizontal Cooperation Between Actual or Potential Competitors A. Applicability of Article 81 (1) to Horizontal Cooperation B. Block Exemptions on Horizontal Cooperation C. Individual Assessment of Various Forms of Horizontal Cooperation under Article 81 (3) in the Light of the Commission¿s Guidelines and Complementary Case Law

Chapter IV

Vertical Restraints of Competition in Distribution and Purchasing Agreements A. Introduction B. New Block Exemption Regulation 2790/1999 on Vertical Restraints and Commission Guidelines C. New Block Exemption Regulation 1400/2002 in the Motor Vehicle Sector

Chapter V

Abuse of Dominant Position A. Scheme of Article 82 B. Undertaking C. Dominant Position D. Abuse E. Effect on Trade Between Member States F. Parallel Application of Articles 81 and 82 G. Consequences of Infringement of Article 82

Chapter VI Mergers, Joint Ventures and Shareholdings under the Merger Control Regulation and Articles 81 and 82 A. Introduction B. Background of Adoption of the Merger Control Regulation C. Trasactions Covered by the Merger Control Regulation D. Assessment of Mergers, Joint Ventures, Ancillary Restraints and Remedies E. Procedural Rules of the Merger Control Regulation F. Assessment of Transactions Not Covered by the Merger Control Regulation

Chapter VII Industrial and Intellectual Property Rights and EC Law A. Introduction B. Development and Scope of the 'Exhaustion¿ Doctrine C. Limits on the Exercise of Industrial and Intellectual Property Rights under Articles 28 and 49 According to Their Specific Subject Matter D. Limits on the Exercise of Industrial and Intellectual Property Rights under Article 81 E. The New Transfer of Technology Block Exemption Regulation F. Assessment of Licensing Agreements on Intellectual Property Rights Other Than Those Covered by the Block Exemption

Chapter VIII Application of Articles 81 and 82 in Special Sectors A. Introduction B. Agriculture C. Transport D. Banking, Insurance and Securities E. Energy F. Telecommunications G. Postal Services

Chapter IX Government-Induced Distortions of Competition A. Obligation of Member States Not to Distort Competition as Complement to Obligation of Enterprises Not to Distort Competition and Right to Compete on Equal Terms B. Article 86 (1): Obligation of Member States to Refrain From Government-Induced Distortions of Competition C. Article 86 (2): Balancing Public Services Obligations of Member States and Interests of the Community D. Article 86 (3): Procedural Provisions for Enforcing the Obligations under Article 86 (1) E. Article 31: Obligation of Member States to 'Adjust¿ Existing and to Refrain from Creating New State Monopolies F. Article 10 (2): Obligation of Member States to Refrain from Compelling or Facilitating Anticompetitive Behaviour of Enterprises Contrary to Article 81 or 82 G. Articles 87-89: Obligation of Member States Not to Distort Competition by Granting State Aids

Chapter X

Enforcement and Procedure A. Introduction B. European Competition Network C. Initiation of Investigations D. Fact-Finding E. Due Process F. Decisions, Orders, Fines and Informal Settlements G. Judicial Review H. Special Features of Proceedings Against Member States I. Enforcement by National Courts

Table of Fines

Index

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