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European Competition Law: A Practitioner's Guide- 3rd Edition by Lennart Ritter, W. David Braun

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

By Lennart Ritter, W. David Braun


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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 rethinking their practices and procedures and issuing new regulations. Now, in the wake of its highly acclaimed predecessors, the new Third Edition of European Competition Law offers the practitioner everything required to act in accordance with the latest developments in the field.

Along with the thorough guide to continuing practice that its readers have come to expect, European Competition Law in its Third Edition fully covers such areas as the following:

  • the Commission¿s new assessment of distribution practices and vertical restraints, in particular the block exemptions granted by Regulations 2790/1999 and 1400/2002;
  • procedure before national competition authorities and national courts for enforcement of European rules under Regulation 1/2003;
  • the new Merger Control Regulation in force as of 1 May 2004;
  • the new Transfer of Technology Regulation; and
  • the increased fines for hard-core cartel practices or abuse of dominant market position.

    The Third Edition is remarkable in that it actually previews the substantive and procedural rules that will be coming into effect during 2004 and subsequent years. And, like prior editions, the work has no peer in its coverage of past administrative practice and the case law of the Court of Justice. All in all, European Competition Law, Third Edition, will be of immeasurable value to practitioners who need to keep informed about how EC competition laws are applied, so they can continue to render practical, meaningful advice to firms whose agreements, transactions and conduct in the marketplace are governed by competition rules.

  • Publish Date 10/20/2004
    Product Line Kluwer Law International
    ISBN 9789041122001
    SKU 10057747-0001
    Table of Contents

      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