European Competition Law
� A Practitioner's Guide
| Författare: | Ritter Lennart , Braun David W. |
| Titel: | European Competition Law � A Practitioner's Guide |
| Upplaga: | 3 uppl. |
| Utgivningsår: | 2004 |
| Omfång: | 1226 sid. |
| Förlag: | Kluwer |
| ISBN: | 9041122001 |
| Produkttyp: | Inbunden |
| Ämnesord: | Marknadsrätt , EU-rätt |
Pris: 1824 SEK exkl. moms 
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 This is the new revised third edition of one of the main reference works on competition law. Since the former edition, the area has gone through several big changes which are all covered in this edition:- the Commissions 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. 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 |