Competition Law of the European Community

Name: Competition Law of the European Community
Price: 350.28 EUR
Availability: OutOfStock
ISBN: 978-90-411-2309-1

Van Bael Bellis(Autor*in)

Kluwer Law International (Verlag)

4. Auflage

Erschienen am 1. Oktober 2004

Buch

Hardcover

1300 Seiten

978-90-411-2309-1 (ISBN)

350,28 €inkl. 7% MwSt.

Artikel ist vergriffen; keine Neuauflage

Beschreibung

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:

<li class=copymedium>the new merger control regime;
<li class=copymedium>the enhanced role of the national competition authorities and courts in the enforcement of the EC competition rules;
<li class=copymedium>the new rules on intellectual property licensing;
<li class=copymedium>the block exemptions applicable to both vertical and horizontal arrangements;
<li class=copymedium>the fining and leniency rules of the Commission, particularly in the field of cartels;
<li class=copymedium>the limits being imposed by the European Courts on the Commission's discretion in the decision- making process; and
<li class=copymedium>the application of the competition rules to the Internet, telecommunications, <li class=copymedium>transport, postal services, energy, and other special sectors.</ul>

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.

Weitere Details

Inhalt

<ol class=copymedium>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

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