
European Competition Law in a Nutshell
Description
Alles über E-Books | Antworten auf Fragen rund um E-Books, Kopierschutz und Dateiformate finden Sie in unserem Info- & Hilfebereich.
More details
Other editions
Additional editions

Persons
Content
- Intro
- PREFACE
- TABLE OF CONTENTS
- Chapter One
- WHY COMPETITION REGULATION IN THE EUROPEAN UNION?
- I. THE STRUCTURE OF GENERAL COMPETITION PROVISIONS
- II. THE SCOPE OF ARTICLES 101-109 TFEU
- 1. "Competition" in the Context of European Competition Law
- 2. The Investigation of Restraints of Trade
- 3. The "More Economic Approach" and Consumer Protection
- III. GENERAL VERSUS SECTOR- SPECIFIC COMPETITION REGULATION
- Chapter Two
- THE PROHIBITIONS OF RESTRAINT OF TRADE UNDER ARTICLES 101 (CARTELS) AND 102 (ABUSE OF A DOMINANT POSITION) TFEU
- I. THE ELEMENTS OF AN INFRINGEMENT COMMITTED BY AN UNDERTAKING AND THE LEGAL CONSEQUENCES OF THOSE ACTIONS
- II. ELEMENTS OF AN INFRINGEMENT: AN UNDERTAKING'S ACTIONS
- 1. Undertakings
- 2. Public Undertakings and Those to Which Member States have Granted Special or Exclusive Rights ( Article 106(1) TFEU)
- III. LEGAL CONSEQUENCES OF AN INFRINGEMENT OF EUROPEAN COMPETITION LAW: WHO IS THE ADDRESSEE OF A DECISION?
- IV. MEMBER STATES
- 1. Member States as Addressees of Commission Decisions
- 2. Responsibility Accruing to an Undertaking
- V. MARKET DEFINITION
- 1. The Principles of Market Definition - Criteria and Methods
- 2. Product, Geographic and Temporal Market Demarcation
- VI. EXAMPLES: MARKET DEMARCATION IN PRACTICE
- 1. Demand Side Substitutability - the Classic: United Brands
- 2. Comparable Products - Neighbouring Markets
- 3. Supply Side Substitutability
- 4. Regulated Industries
- 5. Tied Services
- 6. Relevance of Distribution Channels
- 7. One Product - Two Markets
- Chapter Three
- THE PROHIBITION ON CARTELS UNDER ARTICLE 101 TFEU
- I. THE STRUCTURE OF THE PROHIBITION
- II. CONCERTED PRACTICES
- 1. Agreements between Undertakings
- 2. Decisions by Associations of Undertakings
- 3. Concerted Practices
- III. RESTRICTION OF COMPETITION
- 1. Enabling Entry into the Market and Stimulation of the Market - a Rule of Reason Test?
- 2. Restrictions on Competition in Detail
- 3. An Exception to Article 101(1) for the Functioning of the Market?
- IV. "TRADE BETWEEN MEMBER STATES"
- V. THE DE MINIMIS RULE
- 1. An Appreciable Effect on Trade between Member States
- 2. An Appreciable Restriction of Competition
- VI. THE EXCEPTION UNDER ARTICLE 101(3) TFEU
- 1. The Application of the Exemption
- 2. Block Exemption Regulations
- 3. Individual Exemption
- Chapter Four
- ABUSE OF A DOMINANT POSITION UNDER ARTICLE 102 TFEU
- I. DOMINANT POSITION
- 1. Market Share
- 2. Decisive Criteria for Determining a Dominant Position
- 3. Collective Market Dominance
- 4. Substantial Part of the Internal Market
- 5. " Trade between Member States"
- II. ABUSE OF A DOMINANT POSITION
- 1. Specific Behaviour to Which Article 102 TFEU Applies
- 2. Categorisation of Abuses: Exploitative and Exclusionary Conduct
- III. TYPES OF ABUSE OF A DOMINANT POSITION
- 1. Price Abuse
- 2. Refusal to Supply
- 3. Discrimination
- 4. Exclusive Dealing
- 5. Refusal of Access or to License
- 6. Protection of Intellectual Property and Abuse of Legal Rights
- 7. Product Tying, Bundling and Discounts
- 8. Predatory Behaviour
- IV. THE RELATIONSHIP BETWEEN ARTICLES 101 AND 102 TFEU
- Chapter Five
- THE ARTICLE 106(2) TFEU EXEMPTION
- I. " UNDERTAKINGS" IN ARTICLE 106(2) TFEU
- II. SERVICES OF GENERAL ECONOMIC INTEREST
- 1. Services of Economic Interest
- 2. Services of General Interest
- 3. Union-Level Regulation - Member State Discretion
- 4. Example: British United Provident Association Ltd. (BUPA)
- III. " ENTRUSTMENT" OF AN UNDERTAKING
- 1. Example: British United Provident Association Ltd. (BUPA)
- 2. Example: Postal Services' Exemption from Value Added Tax ("VAT")
- IV. OBSTRUCTION OF PERFORMANCE
- 1. Obstruction of an Undertaking's Assigned Tasks
- 2. The Development of Trade
- 3. Proportionality
- V. THE COMMISSION'S COMPETENCE UNDER ARTICLE 106 TFEU
- Chapter Six
- THE COMMISSION'S COMPETENCE
- I. PRELIMINARY PROCEEDINGS
- 1. Powers of Investigation
- 2. Undertakings under Investigation: Their Rights and Obligations
- 3. Sector Inquiries
- II. PRELIMINARY ASSESSMENT
- III. DECISION BY THE COMMISSION
- 1. Behavioural and Structural Remedies
- 2. Commitments
- IV. THE BURDEN OF PROOF
- V. LIMITATION PERIODS
- VI. APPEALS AGAINST COMMISSION DECISIONS
- 1. Primary Legal Protection
- 2. Secondary Legal Protection
- VII. PRIVATE ENFORCEMENT OF COMPETITION LAW
- VIII. SCOPE OF EUROPEAN COMPETITION LAW
- 1. Scope of European Competition Law
- 2. Relationship with Competition Law in Member States
- 3. Cooperation between the Commission and National Competition Authorities
- Chapter Seven
- MAIN FEATURES OF EUROPEAN MERGER CONTROL
- I. LEGAL BASES
- 1. Example: "The Old Merger Control" under Articles 101 and 102 TFEU
- 2. Secondary Legislation
- II. ADDRESSEES OF AND LIABILITY UNDER THE MERGER REGULATION
- III. CONCENTRATIONS WITH AN INTERNAL MARKET DIMENSION
- 1. Concentrations: Mergers and Acquisitions
- 2. Change of Control
- 3. Internal Market Dimension
- 4. European and National Merger Control
- IV. COMPATIBILITY WITH THE INTERNAL MARKET
- 1. Market Definition
- 2. Market Dominance
- 3. Impediment to Effective Competition
- 4. Horizontal versus Vertical Concentrations
- 5. Burden of Proof
- V. MERGER CONTROL PROCEDURE
- 1. Mandatory Notification
- 2. Procedure
- Chapter Eight
- EUROPEAN UNION STATE AID LAW
- I. SYSTEM AND STRUCTURE OF EU STATE AID REGULATION
- II. LEGAL ASPECTS OF EU STATE AID REGULATION
- 1. Applicability of State Aid Rules
- 2. Procedural Rules
- III. THE PROHIBITION SET OUT IN ARTICLE 107(1) TFEU
- 1. Selective Advantage
- 2. By a Member State or through State Resources
- 3. Certain Undertakings or the Production of Certain Goods
- 4. Distortion of Competition
- 5. Effect on Trade between Member States
- 6. The Altmark Conditions Rendering Article 107(1) TFEU Inapplicable
- IV. EXCEPTIONS TO THE PROHIBITION ON STATE AID
- 1. Legal Exceptions - Article 107(2) TFEU
- 2. Potential Exceptions - Article 107(3) TFEU
- 3. Article 106(2) TFEU in the Context of State Aid
- V. PROCEDURAL ASPECTS OF STATE AID REGULATION
- 1. The Notification Procedure
- 2. Preliminary Examination
- 3. Formal Investigation Procedure
- 4. Infringements of the State Aid Regime
- Chapter Nine
- EUROPEAN PUBLIC PROCUREMENT LAW
- I. THE RANGE OF APPLICATION OF PUBLIC PROCUREMENT LAW
- 1. " Contracting Authority"
- 2. What Constitutes Public Procurement?
- 3. Threshold Values
- 4. Exemptions to Public Procurement Rules
- II. AWARD PROCEDURES
- III. LEGAL PROTECTION RELATING TO THE AWARD PROCESS
- OVERVIEW: IMPORTANT DECISIONS - EXAMPLES
- REGISTER
System requirements
File format: PDF
Copy protection: Watermark-DRM (Digital Rights Management)
System requirements:
- Computer (Windows; MacOS X; Linux): Use the free software Adobe Reader, Adobe Digital Editions, or any other PDF viewer of your choice (see eBook Help).
- Tablet/Smartphone (Android; iOS): Install the free app Adobe Digital Editions or another reading app for eBooks, e.g., PocketBook (see eBook Help).
- E-reader: Bookeen, Kobo, Pocketbook, Sony, Tolino and many more (only limited: Kindle).
The file format PDF always displays a book page identically on any hardware. This makes PDF suitable for complex layouts such as those used in textbooks and reference books (images, tables, columns, footnotes). Unfortunately, on the small screens of e-readers or smartphones, PDFs are rather annoying, requiring too much scrolling.
This eBook uses Watermark-DRM, a „soft” copy protection. This means that there are no technical restrictions to prevent illegal distribution. However, there is a personalised watermark embedded in the eBook that can be used to identify the purchaser of the eBook in the event of misuse and to provide evidence for legal purposes.
For more information, see our eBook Help page.