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Competition Law of the European Union, 6th Edition

Competition Law of the European Union, 6th Edition

作者： Van Bael & Bellis
出版商： Kluwer Law International
ISBN: 9789041153982
出版时间 December 2020
规格： Hardback , 1720 pages
适应领域： Europe ? 免责申明：
Countri(es) stated herein are used as reference only

List Price: ￥3,245.70

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About this book:
Competition Law of the European Union provides a comprehensive and up-to-date analysis of the EU competition rules as developed primarily by the Commission, the General Court and the Court of Justice. The new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The developments in EU competition law that have occurred have been largely incremental rather than momentous. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. There has been significant change since the last edition with major cases and other developments in areas such as merger review procedure and cartel enforcement, and this edition will follow the successful format of previous editions covering these developments.

What’s in this book:
In this comprehensive new edition, the authors examine such notable developments as the following:
- important rulings concerning the concept of a restriction by object under Article 101;
- the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling;
- important rulings of Article 102 concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents;
- the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector;
- developments concerning online distribution, including the Pierre Fabre and Coty rulings;
- the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange;
- the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements;
- the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements;
- the current technology transfer guidelines and block exemption;
- procedural developments, in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements;
- the implementation of the Damages Directive and the first interpretative rulings.
How this will help you:
With an attempt to cut through the theoretical underpinnings of EU competition law to expose its actual impact on business, this book combines a critical commentary on the rules with practical guidance on their application. One of its kind, this book is an authoritative new edition of a classic work that proves to be of immeasurable value to both business persons and their legal advisers.
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.

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