
Regulating Competition in the EU
Description
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Among the matters covered are the following:
the substantive rules on Articles 101 and 102 TFEU;
the enforcement rules of these provisions;
merger control;
the liberalised sectors, with focus on energy, transport, postal services and telecommunication;
state aid;
public undertakings; and
public procurement.
With its enhanced view of EU competition policy, regulation, and enforcement, and its emphasis on specific industry sectors, this book offers an unusually thorough view of aspects of competition law which play an essential role in regulating the conduct of undertakings and public authorities in the market. It will be of special value to any lawyer, policymaker, or scholar active in European competition law.
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Content
- Intro
- Preface
- CHAPTER 1Competition and Union Law
- 1 Laws Regulating Markets and Competition Law
- 2 The Structure of the Treaty
- 2.1 Rules Directed at the Member States
- 2.2 Rules Directed at Undertakings
- 2.3 Grey Areas
- 3 The Regulation of Competition in the Internal Market
- 3.1 Secondary Regulation
- 3.2 Other Sources than Regulation
- 4 Sources of Information
- Bibliography
- CHAPTER 2Introduction to Article 101
- 1 Introduction
- 2 Agreements, Decisions and Concerted Practices
- 2.1 Agreements
- 2.2 Decisions by Associations
- 2.3 Concerted Practice
- 3 Between Undertakings
- 3.1 The Definition of an 'Undertaking'
- 3.2 The Exercise of Public Authority and Public Undertakings
- 4 The Effect on Trade in the EU
- 4.1 The Requirement for an Effect on Trade between Member States
- 4.2 The International Extent of Article 101
- 5 Restriction on Competition
- 5.1 Workable Competition
- 5.2 'Which Have as Their Object or Effect .'
- 5.3 The Commission's De Minimis Notice
- 5.4 Rule of Reason
- 5.5 Ancillary Restraints
- 6 Possible Exemptions under Article 101(3)
- 6.1 Change to the Notification Procedure
- 6.2 Individual Exemptions: The Four Conditions
- 6.3 Block Exemptions
- 7 The Consequences of Infringement
- 7.1 Invalidity
- 7.2 Remedies and Commitments
- 7.3 Fines and Compensation
- CHAPTER 3Vertical Agreements
- 2 The Competition Law Approach to Vertical Restraints: Article 101(1) TFEU and the Block Exemption R
- 2.1 Article 101(1) TFEU
- 2.1.1 Territorial Protection: Dividing Up Markets
- 2.1.2 Prohibition of Re-export with Sales to Third Countries
- 2.1.3 Fixed Prices: Article 101(1)(a) TFEU
- 2.1.4 Economic Analysis?
- 2.1.5 Further Easing of Restrictions?
- 2.2 Block Exemptions
- 3 The Concept of Restriction of Competition
- 4 Special Agreements That Only Exceptionally Fall within the Scope of Article 101(1) TFEU
- 4.1 Agency Agreements
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