
Due Process in EU Competition Proceedings
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;
international and bilateral cooperation agreements;
Commission's powers of investigation;
attorney-client privilege and privilege against self-incrimination;
access to the Commission's file and relevance of the Transparency Regulation;
possible intervention by the European Ombudsman;
right to be heard and role of the Hearing Officer;
fines, leniency, and settlement procedure;
parent/subsidiary and successor liability;
double jeopardy;
enforcement of EU competition rules by national competition authorities, by national courts and by arbitration;
private enforcement and damages;
notification of concentrations to Commission;
review process of concentrations and acceptance of remedies;
judicial review of infringement decisions and of merger clearance decisions.
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Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- About the Author
- Table of Contents
- List of Abbreviations
- Preface and Acknowledgement
- Chapter 1 Institutions
- [§1.1.] IMPACT OF THE LISBON TREATY
- [§1.2.] SUMMARY OF INSTITUTIONS
- [§1.3.] THE COMMISSION
- [A] GENERAL
- [B] ROLE OF THE COMMISSION
- [C] ORGANIZATION OF THE COMMISSION
- [§1.4.] THE COUNCIL OF MINISTERS
- [§1.5.] THE EUROPEAN PARLIAMENT
- [§1.6.] THE ADVISORY COMMITTEES
- [§1.7.] THE ECONOMIC AND SOCIAL COMMITTEE
- [§1.8.] THE GENERAL COURT, FORMERLY THE CFI
- [§1.9.] THE COURT OF JUSTICE
- [§1.10.] THE EUROPEAN OMBUDSMAN
- [§1.11.] THE COMPETITION AUTHORITIES OF THE MEMBER STATES
- [§1.12.] NATIONAL COURTS
- [§1.13.] TRANSPARENCY OF INFORMATION
- Chapter 2 Substantive Rules: Basic Principles
- [§2.1.] INTRODUCTION
- [§2.2.] ARTICLE 101: THE PROHIBITION OF AGREEMENTS AND OTHER CONCERTED ACTIONS THAT ARE RESTRICTIVE OF COMPETITION
- [A] CONDITIONS OF PROHIBITION
- [B] THE MEANING OF AN 'UNDERTAKING'
- [C] AGREEMENT OR CONCERTED ACTION: REQUIREMENT OF MORE THAN ONE INDEPENDENT UNDERTAKING
- [1] Unilateral Action Excluded
- [2] Employee Relationship
- [3] Agency Relationship
- [4] Related Companies: The 'Economic Entity'
- [5] Companies Related by Succession
- [D] FORMS OF PROHIBITED CONDUCT
- [1] Agreement
- [2] Decisions by Associations of Undertakings
- [3] Concerted Practices
- [E] STATE COMPULSION
- [F] RESTRICTION OF COMPETITION
- [1] Restriction by Object or Effect
- [2] Appreciable Restriction of Competition
- [3] Nature of Competition Which May Be Restricted
- [4] Ancillary Restraints Falling outside the Scope of Article 101(1)
- [§2.3.] ARTICLE 101(2): THE NULLITY SANCTION
- [§2.4.] ARTICLE 101(3): EXEMPTION FROM THE PROHIBITION
- [A] THE FOUR SUBSTANTIVE CONDITIONS UNDER ARTICLE 101(3)
- [B] BLOCK EXEMPTIONS
- [§2.5.] ARTICLE 102: THE CONCEPT OF DOMINANCE AND ABUSE
- [A] SCOPE OF ARTICLE 102
- [B] DEFINITION OF A 'DOMINANT POSITION'
- [C] COLLECTIVE DOMINANCE
- [D] RELEVANT CRITERIA FOR EVALUATING DOMINANCE
- [E] THE CONCEPT OF 'ABUSE'
- [F] EXPLOITATIVE ABUSES AND EXCLUSIONARY ABUSES
- [G] COMMISSION'S GUIDANCE ON ABUSIVE EXCLUSIONARY CONDUCT
- [§2.6.] MARKET DEFINITION
- [A] THE IMPORTANCE OF MARKET DEFINITION
- [B] THE NOTICE ON MARKET DEFINITION
- [1] Relevant Product Market
- [2] Relevant Geographic Market
- [C] PROCESS OF DEFINING THE RELEVANT MARKET
- [§2.7.] EFFECT ON TRADE BETWEEN MEMBER STATES
- [A] THE CONCEPT OF 'TRADE'
- [B] ESTABLISHING AN EFFECT ON TRADE
- [1] Pattern of Trade Test
- [2] Structural Test
- [C] EFFECT ON TRADE MUST BE APPRECIABLE
- [1] General Principle
- [2] The 'NAAT' Rule
- Chapter 3 International Framework
- [§3.1.] SUMMARY
- [§3.2.] EXTRATERRITORIAL APPLICATION OF EU COMPETITION LAW
- [A] INTRODUCTION
- [B] THE ECONOMIC ENTITY DOCTRINE
- [B] THE EFFECTS DOCTRINE
- [1] The Effects Doctrine as Developed by the EU Authorities
- [2] The Application of the Effects Doctrine in the Merger Regulation
- [D] THE IMPLEMENTATION DOCTRINE
- [E] CONSIDERATIONS OF COMITY
- [F] CONCLUSION
- [§3.3.] EUROPEAN ECONOMIC AREA
- [A] INTRODUCTION
- [B] SUBSTANTIVE RULES
- [C] THE TWO-PILLAR SYSTEM
- [D] 'ONE-STOP SHOP' PRINCIPLE
- [E] JURISDICTION ALLOCATION CRITERIA
- [1] Restrictive Agreements, Decisions or Practises
- [2] Abuse of a Dominant Position
- [3] Merger Control
- [F] COOPERATION AND EXCHANGE OF INFORMATION
- [G] EEA: JUDICIAL REVIEW
- [§3.4.] THE WIDENING OF THE EU
- [A] STABILISATION AND ASSOCIATION AGREEMENTS
- [B] CUSTOMS UNION BETWEEN TURKEY AND THE EU
- [§3.5.] BILATERAL RELATIONS
- [A] EU-US COOPERATION
- [1] Introduction
- [2] Main Provisions of the EU-US Agreement and Their Application in Practice
- [a] Notification
- [b] Exchange of Information
- [c] Confidentiality
- [d] Cooperation Regarding Competition Enforcement Activities
- [3] The Implications of EU-US Cooperation for Multinational Companies
- [a] Merger Cases
- [b] Anti-competitive Agreements between Companies
- [c] Abuses of a Dominant Position
- [B] EU/CANADA COOPERATION
- [C] EU/JAPAN COOPERATION
- [D] EU/SOUTH KOREA COOPERATION
- [E] BILATERAL COOPERATION WITH OTHER COUNTRIES
- [§3.6.] MULTILATERAL AGREEMENTS
- [A] INTERNATIONAL COMPETITION NETWORK
- [B] ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT
- [C] UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT
- [D] WORLD TRADE ORGANIZATION
- Chapter 4 Rules of Procedure Generally
- [§4.1.] FORMER REGULATION 17
- [A] THE NOTIFICATION PROCESS
- [B] OUTCOME OF THE NOTIFICATION PROCESS
- [1] Provisional Decision
- [2] Formal Decision
- [a] Negative Clearance
- [b] Exemption
- [3] Comfort Letter
- [4] Infringement Proceeding
- [C] ROLE OF BLOCK EXEMPTIONS
- [§4.2.] CURRENT REGULATION ON PROCEDURE
- [A] PARALLEL COMPETENCE OF COMMISSION, NCAs AND NATIONAL COURTS
- [1] Allocation of Cases
- [2] Preponderant Role of Commission
- [a] Vis-à-vis NCAs
- [b] Vis-à-vis National Courts
- [B] CONCURRENT APPLICATION OF EU COMPETITION LAW AND NATIONAL COMPETITION LAW
- [C] REPORT ON THE FUNCTIONING OF THE REGULATION ON PROCEDURE
- [§4.3.] IMPACT OF FUNDAMENTAL RIGHTS ON COMPETITION ENFORCEMENT PROCEDURE
- [A] FUNDAMENTAL RIGHTS AND THE LAW OF THE EUROPEAN UNION
- [1] The Introduction of Fundamental Rights into the Primary Law of the European Union
- [2] The ECHR
- [3] The Charter of Fundamental Rights
- [4] The Lisbon Treaty
- [B] FUNDAMENTAL RIGHTS AND COMPETITION LAW PROCEEDINGS
- [1] The Applicability of Fundamental Rights in Competition Law Proceedings
- [a] The Ambiguous Legal Nature of Competition Law Proceedings
- [b] The Limited Application of Fundamental Rights in the Field of Competition Law
- [2] Presumption of Innocence and the Right to Remain Silent
- [3] Right to Privacy and Protection of Business Premises against Inspections
- [4] Legal Privilege and the Protection from Seizure of Certain Documents
- [5] Right to Be Heard
- [6] Right to Have a Decision within a Reasonable Time
- [7] Principle of Legality and Its Corollaries
- [8] Principles of Proportionality and Equal Treatment
- [9] Non bis in idem
- [10] Duty to State Reasons
- [11] Right to an Effective Remedy and to a Fair Trial
- [C] CHALLENGES AHEAD
- Chapter 5 Enforcement of EU Competition Rules by Commission
- [§5.1.] OVERVIEW
- [§5.2.] THE INVESTIGATION PHASE
- [A] COMPLAINTS
- [1] Statistics
- [2] Who May Complain
- [3] Content
- [4] Handling and Assessment of Complaints by the Commission
- [a] Community Interest
- [b] Duty of Vigilance
- [c] Three-Stage Procedure for Assessing Complaints
- [5] Possible Review by the European Ombudsman
- [6] Procedural Rights of Complainants
- [B] OTHER EVENTS TRIGGERING AN INVESTIGATION
- [C] COMMISSION'S POWERS OF DISCOVERY
- [1] Requests for Information
- [a] Procedure
- [b] 'Necessary' Information
- [c] Incorrect Information
- [2] On-the-Spot Inspections
- [a] Subject-Matter of the Inspection
- [b] Right of Entry
- [c] Right to Search
- [d] Access to Electronic Documents
- [e] Duty to Assist
- [f] Copies of Books and Records
- [g] Seals
- [h] Oral Explanations
- [i] Assistance from other competition authorities
- [3] Interviews
- [4] Sector Inquiries
- [D] LIMITATIONS ON THE COMMISSION'S INVESTIGATION POWERS
- [1] Proportionality Rule
- [2] Territorial Reach
- [3] Legal Professional Privilege
- [4] Right to Privacy
- [5] Right to Remain Silent (or 'Privilege against Self-incrimination')
- [a] The Absence of a Privilege against Self-incrimination under EU Competition Law
- [b] The Limited Right to Remain Silent under EU Competition Law
- [c] The Compatibility of EU Competition Law with Article 6 ECHR
- [6] Use of Information: Purpose of the Inquiry
- [7] Professional Secrecy
- [E] MEETINGS AND OTHER CONTACTS WITH THE PARTIES AND THIRD PARTIES
- [F] POSSIBLE OUTCOMES OF THE INVESTIGATION PHASE
- [1] Prohibition Decision
- [2] Commitment Decision
- [3] Decision to Close the Case
- [§5.3.] PROCEDURE LEADING TO A PROHIBITION DECISION
- [A] MAIN ACTORS IN THE PROCEDURE
- [1] The Commission and the Parties Concerned
- [2] The Hearing Officer
- [3] Complainants and Interested Third Parties
- [B] LANGUAGES
- [C] INITIATION OF PROCEEDINGS
- [D] STATEMENT OF OBJECTIONS
- [E] ACCESS TO THE FILE
- [1] The Defendants' Right of Access to the File
- [a] The file
- [b] Non-accessible Documents
- [c] Requests for Confidential Treatment
- [d] Timing and Procedure for Access to the File
- [e] Sanction
- [2] Access to the File under the Transparency Regulation
- [a] General Overview
- [b] Transparency Regulation and Competition Files
- [F] MEETINGS WITH DG COMPETITION
- [1] State of Play Meetings
- [2] Triangular Meetings
- [3] Other Meetings
- [G] REVIEW OF KEY SUBMISSIONS
- [H] RIGHT TO BE HEARD
- [1] Written Comments
- [a] The Defendants
- [b] Complainants and Third Parties
- [2] Oral Hearing
- [a] Beneficiaries of the Right to Be Heard
- [b] Who Else May Attend the Oral Hearing
- [c] Legal Representation and Assistance
- [d] Organization of the Hearing
- [e] Typical Hearing
- [f] Record
- [g] The Value of the Oral Hearing
- [h] The Reports of the Hearing Officer
- [§5.4.] INTERIM MEASURES
- [A] CONDITIONS
- [B] PROCEDURE
- [§5.5.] RECOMMENDATIONS
- [§5.6.] FINAL PROHIBITION DECISION
- [A] ADVISORY COMMITTEE
- [B] POSSIBLE RELIEF
- [C] FORMAL REQUIREMENTS
- [1] Adoption by the College of Commissioners
- [2] Notification and Publication
- [3] Duty to State Reasons
- [D] TIMING: DUTY TO ACT WITHIN A REASONABLE TIME
- [1] Corollary of the Principle of Sound Administration
- [2] Assessment of the Duration of the Administrative Procedure
- [3] Consequences of the Excessive Duration of the Administrative Procedure
- [E] TRUSTEE
- [§5.7.] FINES AND PERIODIC PENALTY PAYMENTS
- [A] FINES FOR PROCEDURAL INFRINGEMENTS
- [B] FINES FOR SUBSTANTIVE BREACHES OF COMPETITION RULES
- [1] General Legal Principles
- [a] The Principle of Legality and Its Corollaries
- [b] The Principles of Proportionality and Equal Treatment
- [c] Non bis in idem
- [2] Legal Maximum
- [3] Legal Criteria: Gravity and Duration
- [4] The Commission Fining Guidelines
- [a] Methodology
- [b] Calculation of the Basic Amount
- [c] Fine Increases and Fine Reductions for Aggravating and Mitigating Circumstances
- [d] Specific Increase for Deterrence
- [e] Ceiling
- [f] Final Adjustments
- [g] Final Considerations on the Fining Guidelines
- [5] Payment
- [C] PERIODIC PENALTY PAYMENTS
- [§5.8.] LENIENCY
- [A] IMMUNITY FROM FINES
- [B] REDUCTION IN FINES
- [C] PROCEDURE
- [1] Application for Immunity
- [2] Application for a Reduction in Fines
- [D] LENIENCY AND PRIVATE ENFORCEMENT
- [E] LENIENCY AND GROUPS OF COMPANIES
- [F] LENIENCY AND JUDICIAL REVIEW
- [G] LENIENCY AND INTERNATIONAL CARTELS
- [1] The ECN Model Leniency Programme
- [2] Leniency Applications and Exchange of Information within the ECN and with National Courts
- [a] Exchange of Information under Article 11 of the Regulation on Procedure
- [b] Exchange of Information under Article 12
- [c] Commitment to Comply with the Network Notice
- [d] Transfer of Information to National Courts
- [e] Unresolved Issues
- [H] ENTRY INTO FORCE
- [§5.9.] LIMITATION PERIODS
- [A] IMPOSITION OF PENALTIES
- [B] ENFORCEMENT OF SANCTIONS
- [§5.10.] PARENT/SUBSIDIARY AND SUCCESSOR LIABILITY
- [A] PARENT/SUBSIDIARY LIABILITY
- [B] SUCCESSION
- [§5.11.] ALTERNATIVE ENFORCEMENT PROCEDURES
- [A] INFORMAL SETTLEMENTS
- [B] COMMITMENTS PROCEDURE
- [1] Scope of the Commitments Procedure
- [a] The Undertakings Concerned
- [b] Interested Third Parties
- [2] Procedural Steps
- [a] Initiation of Proceedings
- [b] Competition Concerns
- [c] Offer of Commitments
- [d] Market Test
- [3] Commitments Decisions
- [a] Legal Nature of Commitments Decisions
- [b] Legal Effects of Commitments Decisions
- [c] Judicial Review of Commitments Decisions
- [d] Rights of Defence of the Undertakings Concerned
- [e] Procedural Rights of Interested Third Parties
- [C] SETTLEMENT PROCEDURE
- [1] Scope of the Settlement Procedure
- [2] Procedural Steps
- [a] Initiation of Proceedings: Exploratory Steps Regarding Settlement
- [b] Bilateral Rounds of Settlement Discussions
- [c] Conditional Settlement Submissions
- [d] 'Settled' Statement of Objections
- [3] 'Settled' Decision
- [a] Adoption of the 'Settled' Decision
- [b] Publication of the 'Settled' Decision
- [c] Legal Effects and Judicial Review of 'Settled' Decisions
- [4] Procedural Rights under the Settlement Procedure
- [a] The Rights of Defence of the Undertakings Concerned
- [b] The Procedural Rights of Complainants
- [D] FINDINGS OF INAPPLICABILITY
- [E] GUIDANCE LETTER
- [F] GENERAL MEASURES ADOPTED BY THE COMMISSION
- [1] Block Exemptions
- [2] Notices and Guidelines
- [§5.12.] ENFORCEMENT POLICY, PROCEDURE AND TECHNIQUE
- [A] ENFORCEMENT POLICY
- [B] ENFORCEMENT PROCEDURE
- [1] Inquisitorial
- [2] Kafkaesque
- [3] Criminal
- [C] ENFORCEMENT TECHNIQUE
- Chapter 6 Judicial Review
- [§6.1.] JURISDICTION AND PROCEDURE GENERALLY
- [§6.2.] COMPOSITION AND ORGANIZATION OF THE COURT OF JUSTICE
- [A] ROLE OF THE JUDGE-RAPPORTEUR
- [B] ROLE OF THE ADVOCATE-GENERAL
- [C] ROLE OF THE REGISTRAR
- [§6.3.] COMPOSITION AND ORGANIZATION OF THE GENERAL COURT
- [A] COMPOSITION
- [B] ROLE OF THE ADVOCATE-GENERAL
- [§6.4.] JURISDICTION OF THE COURT OF JUSTICE AND THE GENERAL COURT
- [A] DIRECT ACTIONS
- [1] Action for Annulment
- [a] Reviewable Acts
- [b] Locus Standi
- [c] Grounds of Review
- [d] Time Limit
- [e] Outcome of Annulment Action
- [2] Action for Failure to Act
- [3] Action for Damages Based on the Non-contractual Liability of the Union
- [B] PRELIMINARY RULINGS
- [§6.5.] PROCEDURE BEFORE THE GENERAL COURT
- [A] LANGUAGE
- [B] LEGAL REPRESENTATION
- [C] WRITTEN PROCEDURE
- [1] Application
- [2] Exchange of Briefs
- [3] Preliminary Report of Judge-Rapporteur
- [4] Measures of Organization of Procedure
- [5] Measures of Inquiry
- [D] ORAL PROCEDURE
- [1] Hearing
- [2] Advocate-General's Opinion
- [E] SPECIAL FORMS OF PROCEDURE
- [1] Interim Measures
- [2] Third-Party Intervention
- [3] Expedited Procedures
- [F] STANDARD OF REVIEW
- [1] Review of Legality
- [2] Judicial Deference with Regard to Complex Economic Assessments Made by the Commission
- [G] JUDGMENT
- [1] Simple Majority
- [2] Costs
- [3] Effective Date
- [4] Revision/Rectification of Judgments
- [§6.6.] APPEALS TO THE COURT OF JUSTICE
- [§6.7.] SUCCESS RATE IN APPEAL PROCEEDINGS: AN UPHILL BATTLE
- Chapter 7 Enforcement of EU Competition Rules by NCAs
- [§7.1.] DESIGNATION OF NCAs
- [§7.2.] THE CONVERGENCE RULE
- [§7.3.] EXCEPTIONS TO THE CONVERGENCE RULE
- [A] STRICTER NATIONAL RULES CONCERNING UNILATERAL CONDUCT
- [B] NATIONAL PROVISIONS PURSUING A DIFFERENT OBJECTIVE FROM THAT PURSUED BY EU COMPETITION LAW
- [§7.4.] SCOPE OF THE DECISION-MAKING POWERS OF NCAs
- [§7.5.] EXCHANGE OF INFORMATION WITHIN THE ECN
- [A] UNDER ARTICLE 11 OF THE REGULATION
- [B] UNDER ARTICLE 12 OF THE REGULATION
- [§7.6.] MUTUAL ASSISTANCE CONCERNING INSPECTIONS
- [§7.7.] THE QUEST FOR CONVERGENCE
- [A] DIVERGENCES IN NATIONAL LAW ON IMPORTANT PROCEDURAL ISSUES
- [B] THE ECN AS A FORUM TO PROMOTE CONVERGENCE
- Chapter 8 Enforcement of EU Competition Law by National Courts
- [§8.1.] POWERS OF NATIONAL COURTS
- [§8.2.] LIMITATIONS ON POWERS OF NATIONAL COURTS
- [A] APPLICABLE LAW AND CONVERGENCE RULE
- [B] GENERAL PRINCIPLES OF EU LAW
- [C] RULES DESIGNED TO AVOID CONFLICTING DECISIONS
- [1] The Commission Has Adopted a Formal Decision
- [2] The Commission Has Issued an Informal Administrative Decision
- [3] The Commission Has Adopted a Commitment Decision
- [4] The Commission Has Adopted a Block Exemption Regulation
- [5] Case Is Pending before the Commission
- [6] The Commission Has Not Taken Any Action
- [§8.3.] COOPERATION BETWEEN NATIONAL COURTS AND THE COMMISSION
- [A] ASSISTANCE OF NATIONAL COURTS BY THE COMMISSION
- [1] Transmission of Information
- [2] Request for an Opinion
- [3] Submission of Observations
- [B] ASSISTANCE OF THE COMMISSION BY NATIONAL COURTS
- §8.4.] RIGHT TO DAMAGES BEFORE NATIONAL COURTS
- [A] RECOGNITION OF A RIGHT TO DAMAGES
- [B] THE WHITE PAPER ON DAMAGES ACTIONS
- [1] Standing of Indirect Purchasers and Collective Redress
- [a] Representative Actions
- [b] Opt-In Collective Actions
- [2] Access to Evidence
- [3] Binding Effect of Infringement Decisions Adopted by NCAs
- [4] Fault Requirement
- [5] Damages
- [6] The Passing-On of Overcharges
- [7] Limitation Periods
- [8] Costs of Damages Actions
- [9] Coordination with the Leniency Programmes
- [§8.5.] ADVANTAGES AND DISADVANTAGES OF PROCEEDINGS BEFORE NATIONAL COURTS
- Chapter 9 Enforcement of EU Competition Law by Arbitration
- [§9.1.] EU COMPETITION LAW AND ARBITRATION: GENERAL PRINCIPLES
- [§9.2.] IMPACT OF THE REGULATION ON PROCEDURE ON ARBITRATION
- Chapter 10 Control of Mergers, Acquisitions and Certain Joint Ventures
- [§10.1.] INTRODUCTION
- [A] OVERVIEW
- [1] The Genesis of the Merger Regulation
- [2] The 1997 Amendments
- [3] The 2002-2003 Merger Control Review and the 2004 Merger Regulation
- [a] The 2002-2003 Review
- [b] The 2004 Merger Regulation
- [c] 2004 Horizontal Merger Guidelines
- [d] Key Non-legislative measures introduced in 2004
- [4] Key Developments since 2004
- [§10.2.] JURISDICTION OF THE COMMISSION TO REVIEW MERGERS
- [A] OVERVIEW: CONCENTRATIONS WITH COMMUNITY DIMENSION
- [1] The Concept of a Concentration
- [a] Acquisitions of Sole Control
- [b] Mergers
- [c] Full-Function Joint Ventures
- [i] Joint Control
- [ii] Full-Function
- [2] Community Dimension
- [a] The General Rule
- [b] Thresholds
- [i] The Original Turnover Thresholds (Article 1(2))
- [ii] The Additional Turnover Thresholds (Article 1(3))
- [c] Application of the Thresholds in Practice
- [i] The 'At Least Two of the Undertakings' Criterion
- [ii] The 'Two-Thirds' Criterion
- [B] CONCENTRATIONS FALLING OUTSIDE THE THRESHOLDS
- [C] EXCEPTIONS TO THE ONE-STOP SHOP PRINCIPLE
- [1] Member State Protection of Legitimate Interests
- [2] Referrals from the Commission to One or More Member States
- [3] Referrals from Three or More Member States to the Commission
- [4] Referrals by a Member State to the Commission
- [D] IDENTIFYING THE ENTITIES WHOSE TURNOVER MUST BE CONSIDERED IN ASSESSING 'COMMUNITY DIMENSION'
- [E] THE DEFINITION OF 'TURNOVER'
- [F] GEOGRAPHICAL ALLOCATION OF TURNOVER
- [G] SPECIAL RULES FOR FINANCIAL INSTITUTIONS AND INSURANCE UNDERTAKINGS
- [H] EXTRATERRITORIAL APPLICATION OF THE MERGER REGULATION
- [1] The Rule
- [2] Case Law
- [§10.3.] SUBSTANTIVE REVIEW BY THE COMMISSION
- [A] DEFINING THE RELEVANT MARKETS
- [1] Relevant Market Definition
- [a] The Relevant Product Market
- [b] The Relevant Geographic Market
- [2] Defining Relevant Markets in Practice
- [B] TEST OF COMPATIBILITY WITH THE COMMON MARKET
- [C] HORIZONTAL MERGERS: NON-COORDINATED/UNILATERAL EFFECTS
- [D] HORIZONTAL MERGERS: COORDINATED EFFECTS/COLLECTIVE DOMINANCE
- [E] VERTICAL MERGERS
- [F] CONGLOMERATE MERGERS AND PORTFOLIO POWER
- [G] ARTICLE 2(4) AND (5): COORDINATIVE EFFECTS OF FULL-FUNCTION JOINT VENTURES
- [H] ANCILLARY RESTRAINTS
- [§10.4.] THE PROCESS OF NOTIFYING A CONCENTRATION TO THE COMMISSION
- [A] FORMALITIES
- [B] TIMING
- [C] COMPLETING FORM CO
- [1] Overview
- [2] Information That Must Be Provided in Form CO
- [3] Copies That Must Be Provided
- [4] Correct and Complete Information
- [5] Simplified Procedure
- [6] Pre-notification Consultations
- [7] Sector-Specific Organization of Merger Control
- [8] Investigative Powers
- [9] Suspension Requirement
- [a] Suspension Period
- [b] Waiver of Suspension Requirement
- [c] Consequences of Contravening the Suspension Requirement
- [d] Consequences of Failing to Notify and Providing Incorrect/Misleading Information
- [e] Abandonment of Concentration
- [§10.5.] PROCEDURE FOR REVIEW OF CONCENTRATIONS AND APPLICABLE DEADLINES
- [A] FIRST PHASE TIMETABLE
- [1] Types of First Phase Decisions
- [2] Publication of Notice of Prior Notification
- [3] Communication with Member States in the First Phase
- [4] Verification, Requests for Information and Investigations in the First Phase
- [a] Article 11 Letters
- [b] Investigations
- [c] Possible Extension of Twenty-Five Working Day Period Due to Fault of the Parties
- [5] Right to Be Heard in the First Phase
- [6] Inter-service Meetings and 'Peer Review Panels' in the First Phase
- [7] Modification of the Concentration, Conditions and Obligations in the First Phase
- [8] Deadline for Referral to Member States
- [9] Publication of Phase I Decisions
- [10] Revocation of Phase I Decisions
- [B] SECOND PHASE TIMETABLE
- [1] Requests for Information and Investigations
- [2] Suspension and Extension of Ninety-Working-Day Time Limit
- [3] Statement of Objections
- [4] Access to File
- [5] Right of Reply to Statement of Objections
- [6] Oral Hearing
- [7] 'Triangular' or 'Contradictory' Meetings
- [8] Commitments and Undertakings
- [9] Draft Decision
- [10] Consultation with Advisory Committee
- [11] Decisions Ending a Phase II Investigation
- [12] Publication of Phase II Decisions
- [13] Revocation of Phase II Decisions
- [C] REFERRALS BETWEEN THE COMMISSION AND THE MEMBER STATES
- [D] COOPERATION BETWEEN THE COMMISSION AND THE MEMBER STATES
- [1] Requirement of Cooperation under the Merger Regulation
- [2] Requests for Information and Investigations
- [3] Advisory Committee on Concentrations
- [4] Importance of Cooperation
- [E] INTERNATIONAL COOPERATION
- [1] Introduction
- [2] EU-US Cooperation
- [a] Legal Framework for Cooperation
- [b] Coordination of Merger Control Review Activities
- [c] GE/Honeywell and Its Ramifications
- [3] EU Cooperation with Other Countries
- [a] EU-EEA Cooperation
- [b] EU-Canada Cooperation
- [c] EU-Japan Cooperation
- [d] EU-South Korea Cooperation
- [F] REMEDIES
- [1] Introduction
- [2] Structural versus Behavioural Commitments
- [a] Structural Commitments
- [b] Behavioural Commitments
- [c] Packages Including both Structural and Behavioural Commitments
- [d] Best Practice Guidelines
- [3] Timetable for Commitments
- [4] Enforceability of Commitments
- [§10.6.] JUDICIAL REVIEW OF MERGER DECISIONS
- [A] INTERIM RELIEF
- [1] Prima Facie Case
- [2] Urgency
- [3] Balance of Interests
- [B] ACTS SUBJECT TO REVIEW
- [C] STANDING OF MERGING PARTIES
- [D] STANDING OF THIRD PARTIES
- [1] Direct Concern
- [2] Individual Concern
- [E] GROUNDS FOR REVIEW
- [F] STANDARD OF REVIEW
- [G] THE COURT'S ACCELERATED PROCEDURE
- [H] DAMAGE CLAIMS ON THE BASIS OF ARTICLE 340(2) TFEU
- Annex Common Names used for Legislation, Notices, Guidelines and Other Commission documents
- Table of Cases
- Index
- Back Cover
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