This text on EC competition law and practice seeks to provide its readers with a solid grounding in the basic economic and policy considerations which underpin the law. Students are given a sound introduction to a subject which can confuse the unwary; and by referring extensively to practice it also gives the student an insight into how the law works in the real world. For the practitioner, whether novice or experienced, there is an insight into the arcane workings of the European Commission as well as trenchant comment on its decisions and policies. As with previous editions considerable attention is devoted to the areas of overlap with intellectual property and there is a analysis of the various new directives, decisions, cases and regulations which have all appeared since the last edition was published in 1997.
Auflage
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Editions-Typ
Illustrationen
Maße
Höhe: 210 mm
Breite: 148 mm
ISBN-13
978-1-84113-140-5 (9781841131405)
Copyright in bibliographic data is held by Nielsen Book Services Limited or its licensors: all rights reserved.
Schweitzer Klassifikation
Valentine Korah is Professor Emeritus of Competition Law at University College, London, and a Barrister.
Part 1 Introduction: the common market; the competition rules; the economics of market power; EC institutions; enforcement of the competition rules; extraterritorial competence; the European Economic Area (EEA); the importance of the competition rules; the plan for the book. Part 2 Analysis of Article 81(1): introduction; collusion between undertakings; "which may affect trade between member states"; "have as their object or effect the prevention, restriction or distortion of competition within the common market"; exemptions; nullity; white paper on modernisation. Part 3 Abuse of a dominant position: objections to economic strength; dominant position; "abusive exploitation"; that may affect trade between member states; conclusion. Part 4 State measures to protect firms from competition: introduction - special and exclusive rights (article 86); state aids (articles 87-89); anti-dumping duties (article 133). Part 5 Enforcement under Regulation 17: introduction; starting the procedure in the EC; obtaining information (articles 11-14); organisation of the competition department; procedure (article 19 and regulation 99); substantive powers of the Commission; whether to notify; criticism of the procedure and future legislation; white paper on modernisation. Part 6 Civil law sanctions: injunctions and actions for damages; enforcement by national competition authorities; nullity; whether to notify. Part 7 Classes of agreement clearly prohibited: distinction between naked and ancillary restrictions of competition and horizontal and vertical agreements; naked horizontal cartels affecting price and allocating markets; collective discrimination - boycotts and reciprocal exclusive dealing; collective aggregated discounts; agreements to tie the sale of one item to another; export bans; conclusion. Part 8 Distribution agreements: exemption of individual agreements; clearance of exclusive dealing agreements; former group exemptions for exclusive distribution and exclusive purchasing agreements; selective distribution; franchising; group exemptions for exclusive distribution agreements Regulation 1790/9913; agency; collective exclusive distribution. Part 9 Intellectual property rights and the free movement of goods: intellectual property rights and competition; birth of the distinction between the existence of rights and their exercise; free movement of goods; the exhaustion of intellectual property rights when a product has been sold by or with the consent of the holder in another member state; harmonisation of intellectual property rights; conclusion. Part 10 Licences of industrial and commercial property rights: introduction - rationale for the grant of patent protection; the Commission's view; the court's view; the former group exemptions for patent, know-how and mixed licences; the group exemption for technology transfer - regulation 240/96; licences of other kinds of commercial and industrial property rights; the subcontracting notice. (Part Contents).
