Preface to the fifth edition. About the authors. Introduction. Developments since the Fourth Edition
1. INSTITUTIONS
2. BASIC PRINCIPLES
Introduction. Article 81: Agreements and other concerted actions that are restrictive of competition. Article 81(1): The prohibition of agreements and other concerted action. Article 81(2): The nullity sanction. Article 81(3): Exemption from the prohibition. Effect on trade between member states. Article 82 and the concept of dominance. Market definition. The international dimension of EC competition law.
3. VERTICAL AGREEMENTS
Introduction. Agency agreements. Subcontracting agreements. De minimis notice. The vertical agreements block exemption. Parallel trade and territorial restrictions. Limited distribution. Selective distribution. Franchising. Noncompete obligations, quantity forcing and tying. The motor vehicle block exemption.
4. HORIZONTAL AGREEMENTS: CARTELS
Introduction. Application of article 81(1) to cartels. Restriction of competition through cartels. State compulsion as a defence for cartel activity. Exemption of cartels in crisis situations.
5. HORIZONTAL AGREEMENTS: JOINT VENTURES AND OTHER COOPERATION AGREEMENTS
Introduction. Definition of horizontal cooperation agreements and the scope of this chapter. General overview of the application of article 81 and the horizontal guidelines to joint ventures and other horizontal cooperation agreements. Introduction to the remainder of this chapter. Research and development agreements. Joint production/specialization agreements. Purchasing agreements. Commercialization agreements. Standardization agreements. Environmental agreements.
6. INTELLECTUAL PROPERTY
Introduction. Restrictions on enforcement of intellectual property rights. Technology transfer. Licences of industrial or commercial property rights other than patents, know-how, and ancillary licences. Trade mark delimitation agreements.
7. CONTROL OF MERGERS, ACQUISITIONS AND CERTAIN JOINT VENTURES
Introduction. Jurisdiction of the commission to review mergers. Substantive review by the commission. The process of notifying a concentration to the commission. Procedure for review of concentrations and applicable deadlines. Judicial review of merger decisions.
8. ABUSE OF A DOMINANT POSITION
Introduction. The concept of ‘abuse’. Abusive practices.
9. ANTITRUST AND THE STATE
Introduction. State measures that may jeopardize the attainment of the competition law objectives of the treaty. State measures related to public or ‘privileged’ undertakings. Exemption from prohibition in cases of undertakings entrusted with the operation of services of general economic interest.
10. PROCEDURE
Introduction. Investigations Conducted by The Commission. Procedure before The Commission. Adoption of Decisions by The Commission. Fines and Periodic Penalty Payments. Alternative Enforcement Procedures. Judicial Review.
11. PRIVATE ENFORCEMENT
National courts. Arbitration.
12. SPECIAL SECTORS
Telecommunications. Transport. Postal Services. Electricity and Gas. The Insurance Sector. Banking. Competition Policy and Sports. Sectors Subject to Specific Treaty Rules: Nuclear, Agriculture and Defence.
Annex I Basic Competition Provisions of the EC Treaty.
Annex II Common names used for Legislation, Notices, Guidelines and other Commission Documents.
Annex III Table of Cases.
Index.
