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Edited by: Van Bael & Bellis
November 2009,
ISBN 904112876X
ISBN 13:
9789041128768
1720 pp.
Hardcover
USD price: $377.00
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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.
Preface to the fifth edition. About the authors. Introduction. Developments
since the Fourth Edition
1. INSTITUTIONS
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.
10. PROCEDURE
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.
Index.
View a pdf of the Table of Contents
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