Current and Future Perspectives on EC Competition Law

Name: Current and Future Perspectives on EC Competition Law | A Tribute to Professor M.R. Mok
Brand: Kluwer Law International
Price: 202.99 EUR
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A Tribute to Professor M.R. Mok

Lawrence Gormley(Autor*in)

Kluwer Law International (Verlag)

Erschienen am 1. Januar 1983

170 Seiten

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Inhalt

Cover
Half Title Page
Title Page
Copyright Page
Table of Contents
Preface
TABLE OF CASES
Introduction
CHAPTER I Invalidity of Exclusive Provisions in Distribution Contracts under EC Competition Law
1. INTRODUCTION
1.1. Consten & Grundig
1.2. Sunk costs
2. THE COMMISSION'S PRACTICE
3. THE COURT OF JUSTICE'S CASE LAW
3.1. Pronuptia
3.2. Delimitis
4. EXPORT BANS AND DETERRENTS
5. PROBLEMS CAUSED BY THE COMMISSION'S PRACTICE - INVALIDITY OF RESTRICTIVE CLAUSES IN CONTRACTS
6. POSSIBLE WAYS OF INCREASING THE NUMBER OF EXEMPTIONS
6.1. Formal decisions
6.2. Formal decisions in short form
6.3. Informal comfort letters
6.4. Possible delegation to national competition authorities
6.5. Group exemptions
6.6. Construe Article 85(1) more narrowly
7. CONCLUSION
CHAPTER II Vertical Restrictions under Article 85 EC: Towards a Moderate Reform of Current Competition Policy
1. INTRODUCTION
2. MAIN PROBLEMS ARISING IN THE TREATMENT OF VERTICAL AGREEMENTS
3. POSSIBILITIES AND LIMITS OF A NEW POLICY ON VERTICAL AGREEMENTS
3.1 Reduction of the scope of Article 85(1)
3.2 Introduction of a rule of reason in Article 85(1)
(a) The American experience
(b) The European approach
3.3 Economic analysis under Article 85(1)
4. CONCLUSIONS
CHAPTER III Changes in EC Policy on Joint Ventures
1. INTRODUCTION
2. JOINT VENTURES
3. THE POLICY BEFORE THE MERGER REGULATION
3.1 Concentration memorandum
3.2 Decisions
4. THE TEXT OF THE MERGER REGULATION
5. COMPARISON
6. PRACTICE BASED ON THE MERGER REGULATION
6.1 MSG/Media Service
6.2 Akzo Nobel/Monsante
6.3 Recent Notice on joint ventures
7. DISCUSSION
8. ILLUSTRATION
9. PRELIMINARY CONCLUSIONS
9.1 Full function joint ventures
9.2 Non-full function joint ventures
10. ECONOMIC VIEWPOINT
11. CONCLUSION
CHAPTER IV The Core of the Constitutional Law of the Community - Article 5 EC
1. INTRODUCTION
2. EFFECTS OF ARTICLE 5 EC
2.1 Direct effects
2.2 How far does Article 5 create binding effects?
2.3 A close relationship
2.4 Subsidiarity and efficiency
2.5 Regional and local authorities
2.6 Article 5 and the uniform application of Community Law
2.7 Human rights
3. SPECIFIC DUTIES UNDER ARTICLE 5 EC
3.1 The duty to give full effect to Community law against the State: Factortame and Francovich
3.2 The duty to give direct effect against the State to certain directives: Moormann and Costanzo
3.3 The duty to give full effect to Community law: against private parties
3.4 The duty of national courts and authorities to raise issues of Community law
3.5 The duty of national competition authorities to apply Community competition law
3.6 The duty not to interfere with the operation of Community Competition law
3.7 The duty not to interfere with the operation of Community institutions
3.8 The duty to interpret national legislation so as to fulfil directives: Marleasing
3.9 The duty to inform the Commission how Community law has been implemented
3.10 The duty to inform the Commission when it is investigating a breach of Community law
3.11 The duty to fill gaps in Community law and to supplement it
3.12 The duty to keep information confidential
3.13 The duty to protect the rights of Community citizens under directly applicable provisions
3.14 The duty to achieve Community aims
3.15 The duty not to interfere with the achievement of an objective of the Community
3.16 The duty not to interfere with the adoption of Community measures or with negotiations with non-Member States
3.17 The duty not to enter into any treaties which could hinder the Community
3.18 The duty to apply treaties with non-Member States consistently with Community law
3.19 The duty to implement treaties of which the Community is a party
3.20 The duty to ratify treaties
3.21 A general duty to consult the Commission
3.22 The duties of the Commission towards Member States
3.23 The duty of Community institutions to act on the basis of national laws
3.24 The duties of the Community institutions towards one another
4. ARTICLE 5 AND THE 'LUXEMBOURG COMPROMISE'
5. CLAUSES SIMILAR TO ARTICLE 5 IN OTHER TREATIES
6. OTHER DUTIES RESULTING FROM ARTICLE 5
7. CONCLUSIONS
CHAPTER V The Enforcement of EC Competition Law in the Domestic Courts of Member States
1. INTRODUCTION
2. THE ENFORCEABILITY OF AGREEMENTS
2.1 Article 85
No notification
Notification
Comfort letters
Severance
2.2 Article 86
3. THIRD PARTIES
3.1 A right to damages?
3.2 Relying on Commission decisions
3.3 Standard of proof
3.4 Substantive application
3.5 Interlocutory relief
3.6 Other issues
3.7 Third party as defendant
CHAPTER VI Enforcement of EC Competition Law by National Authorities: Square Pegs in Round Holes?
1. INTRODUCTION
2. THE LAW AS IT STANDS
2.1 There is no duty for national competition authorities to act
2.2 National competition authorities' power to enforce EC competition rules
2.3 Legal limitations on the power of national competition authorities to enforce EC competition rules
3. OTHER CONSIDERATIONS
4. THE MANY FACES OF SUBSIDIARITY
5. STEPS THAT OUGHT TO BE TAKEN IF MORE ENFORCEMENT IS TRANSFERRED TO NATIONAL COMPETITION AUTHORITIES
5.1 Duty to act or not
5.2 Power to act
5.3 Administrative assistance
5.4 Effects of decisions of national competition authorities
5.5 Allocation of cases
5.6 Power to exempt
5.7 Safeguards
5.8 Procedural rules
5.9 Judicial review
CHAPTER VII Decision-making in Competition Cases: The Investigator, the Prosecutor and the Judge
1. INTRODUCTION
2. THE STANDARDS BY WHICH THE SYSTEM SHOULD BE JUDGED AND THE COMMUNITY APPROACH
2.1 The rights of the defendants and other parties in a procedure
2.2 The decision in 'first instance'
2.3 Legal remedies with regard to competition law decisions
3. ALTERNATIVE MODELS
4. CONCLUSION
CHAPTER VIII Competition and Public Service Obligations: The Example of the Energy Sector
1. INTRODUCTION
2. THE POLITICAL BACKGROUND
3. THE LEGAL BACKGROUND
4. THE PLACE AND FUNCTION OF PSOs IN CURRENT COMMISSION DOCUMENTS AND PROPOSALS
5. TOWARDS A COHERENT APPROACH
6. A MODEL: THE REGULATORY REGIME IN THE AIR TRANSPORT SECTOR
7. HOW SHOULD PSOs IN THE ENERGY SECTOR BE FORMULATED?
8. CONCLUSIONS
CHAPTER IX New Form - Better Law?
1. INTRODUCTION
2. THE PROCEDURAL PROBLEMS
3. PROBLEMS OF SUBSTANCE
4. NEW FORM - BETTER LAW? - CONCLUSIONS
CHAPTER X Competition Law and the Consumer
1. INTRODUCTION
2. AIMS OF THIS PAPER
3. PROCEDURAL RIGHTS - THE ROLE OF BEUC
4. PARTICIPATION THROUGH DIRECT EFFECT
5. SUBSTANTIVE INTERESTS OF CONSUMERS
6. SUBSTANTIVE BENEFITS FOR CONSUMERS
7. CONSUMER INTERESTS AND INDIVIDUAL EXEMPTIONS
8. CONCLUSIONS
EPILOGUE The Organisation of European Competition Policy
Index
Back Cover

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