COMPETITION LAW OF THE EUROPEAN COMMUNITY BAEL V. Bankowa.pl

EC competition law pervades every aspect of business dealings in Europe. A company entering into an agreement (for distribution or licensing, for example) without careful consideration of EC competition law does so at its own peril. The well-known competition law team at Van Bael & Bellis has met the challenge for businesses and their counsel and provided a thoroughly practical guide to the application of the EC competition rules across all market sectors. Their critical commentary cuts through the theoretical underpinnings of EC competition law to expose its actual impact on business.

This completely revised fourth edition reflects the modernisation of EC competition law that has occurred over recent years, culminating in the fundamental changes that took place on 1 May 2004. In addition to the accession of ten new Member States to the EU, this date witnessed the entry into force of the new procedural rules on the enforcement of Articles 81 and 82, the new Merger Regulation and the new Technology Transfer Block Exemption Regulation.

New material covered in this edition includes the following:
the new merger control regime;
the enhanced role of the national competition authorities and courts in the enforcement of the EC competition rules;
the new rules on intellectual property licensing;
the block exemptions applicable to both vertical and horizontal arrangements;
the fining and leniency rules of the Commission, particularly in the field of cartels;
the limits being imposed by the European Courts on the Commission's discretion in the decision- making process; and
the application of the competition rules to the Internet, telecommunications,
transport, postal services, energy, and other special sectors.

This authoritative new edition of a classic work stands out as a comprehensive, up-to-date and above all practical analysis of the EC competition rules as developed by the Commission and the European Courts. Like its predecessors, it will be of significant value to both businesspersons and their legal adviser.

Table of Contents

1. INTRODUCTION A time of change Institutions Enforcement

2. BASIC PRINCIPLES Article 81: agreements and other concerted actions that are restrictive of competition Article 81(1): the prohibition of agreements and other concerted actions 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 Non-compete 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: COOPERATION AGREEMENTS Introduction Definition of horizontal cooperation General overview of the application of Article 81 and the Horizontal Guidelines to horizontal cooperation agreements Research and development agreements Joint production/specialization agreements Purchasing agreements Commercialization agreements Standardization agreements Environmental agreements

6. INTELLECTUAL PROPERTY Introduction Restrictions on enforcement of industrial and commercial 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. STATE INVOLVEMENT IN COMPETITION Introduction State measures that may render ineffective competition law applicable to enterprises State measures in relation to public undertakings with special or exclusive rights (Article 86(1)) State measures in relation to state monopolies of a commercial character Undertakings entrusted with the operation of services of general economic interest (Article 86 (2))

10. PROCEDURE Introduction Investigations conducted and individual measures adopted by the Commission Compliance policy General measures adopted by the Commission Judicial review

11. PRIVATE ENFORCEMENT National courts Arbitration

12. SPECIAL SECTORS Telecommunications The internet Transport Postal services Electricity and gas The insurance sector Banking Sports Nuclear, agriculture and defence

Hardcover
890 pages

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