Competition Law of the European Community- 5th Edition
This new Fifth Edition of a major work by the well-known competition law team at Van Bael & Bellis brings the book completely up to date to take account of the great number of significant new cases that have been decided since the Fourth Edition in 2004 as well as many other developments. The authors have also taken the opportunity to write much extended chapters on procedure as well as on state involvement in competition. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of EC competition rules across all market sectors. The critical commentary cuts through the theoretical underpinnings of EC competition law to expose its actual impact on business.
Recent years have first and foremost been a time for gaining experience in the application of the procedural and substantive rules which underwent such fundamental changes in the early years of the decade. In this edition, the authors examine all the important cases from this key period of competition law enforcement, and such notable recent developments as the following:
• ever-increasing fines under the Commission’s revised fining guidelines;
• new risks for companies on appeal;
• the Commission’s revised leniency programme;
• the Commission’s new formal cartel settlement procedure;
• important Article 82 rulings concerning pricing, tying and interoperability, including the Microsoft judgment;
• the Commission’s guidance communication concerning its enforcement priorities concerning abusive exclusionary conduct;
• the new, broader ‘significantly impeding effective competition’ test under the Merger Regulation;
• developments in the energy and telecoms sectors;
• distribution issues in the motor vehicle sector; and
• procedural aspects of sector inquiries.
As a comprehensive, up-to-date and above all practical analysis of the EC competition rules as developed by the Commission and EC Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both businesspersons and their legal advisers.
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Preface to the fifth edition. About the authors. Introduction. Developments since the Fourth Edition
2. BASIC PRINCIPLES
Introduction. Article 81: Agreements and other concerted actions that are restrictive of competition. Article 81(1): The prohibition of agreements and other concerted action. Article 81(2): The nullity sanction. Article 81(3): Exemption from the prohibition. Effect on trade between member states. Article 82 and the concept of dominance. Market definition. The international dimension of EC competition law.
3. VERTICAL AGREEMENTS
Introduction. Agency agreements. Subcontracting agreements. De minimis notice. The vertical agreements block exemption. Parallel trade and territorial restrictions. Limited distribution. Selective distribution. Franchising. Noncompete obligations, quantity forcing and tying. The motor vehicle block exemption.
4. HORIZONTAL AGREEMENTS: CARTELS
Introduction. Application of article 81(1) to cartels. Restriction of competition through cartels. State compulsion as a defence for cartel activity. Exemption of cartels in crisis situations.
5. HORIZONTAL AGREEMENTS: JOINT VENTURES AND OTHER COOPERATION AGREEMENTS
Introduction. Definition of horizontal cooperation agreements and the scope of this chapter. General overview of the application of article 81 and the horizontal guidelines to joint ventures and other horizontal cooperation agreements. Introduction to the remainder of this chapter. Research and development agreements. Joint production/specialization agreements. Purchasing agreements. Commercialization agreements. Standardization agreements. Environmental agreements.
6. INTELLECTUAL PROPERTY
Introduction. Restrictions on enforcement of intellectual property rights. Technology transfer. Licences of industrial or commercial property rights other than patents, know-how, and ancillary licences. Trade mark delimitation agreements.
7. CONTROL OF MERGERS, ACQUISITIONS AND CERTAIN JOINT VENTURES
Introduction. Jurisdiction of the commission to review mergers. Substantive review by the commission. The process of notifying a concentration to the commission. Procedure for review of concentrations and applicable deadlines. Judicial review of merger decisions.
8. ABUSE OF A DOMINANT POSITION
Introduction. The concept of ‘abuse’. Abusive practices.
9. ANTITRUST AND THE STATE
Introduction. State measures that may jeopardize the attainment of the competition law objectives of the treaty. State measures related to public or ‘privileged’ undertakings. Exemption from prohibition in cases of undertakings entrusted with the operation of services of general economic interest.
Introduction. Investigations Conducted by The Commission. Procedure before The Commission. Adoption of Decisions by The Commission. Fines and Periodic Penalty Payments. Alternative Enforcement Procedures. Judicial Review.
11. PRIVATE ENFORCEMENT
National courts. Arbitration.
12. SPECIAL SECTORS
Telecommunications. Transport. Postal Services. Electricity and Gas. The Insurance Sector. Banking. Competition Policy and Sports. Sectors Subject to Specific Treaty Rules: Nuclear, Agriculture and Defence.
Annex I Basic Competition Provisions of the EC Treaty.
Annex II Common names used for Legislation, Notices, Guidelines and other Commission Documents.
Annex III Table of Cases.