did-you-know? rent-now

Amazon no longer offers textbook rentals. We do!

did-you-know? rent-now

Amazon no longer offers textbook rentals. We do!

We're the #1 textbook rental company. Let us show you why.

9780198268895

EC Competition Procedure

by ; ; ; ; ;
  • ISBN13:

    9780198268895

  • ISBN10:

    0198268890

  • Edition: 2nd
  • Format: Hardcover
  • Copyright: 2006-06-01
  • Publisher: Oxford University Press
  • View Upgraded Edition
  • Purchase Benefits
  • Free Shipping Icon Free Shipping On Orders Over $35!
    Your order must be $35 or more to qualify for free economy shipping. Bulk sales, PO's, Marketplace items, eBooks and apparel do not qualify for this offer.
  • eCampus.com Logo Get Rewarded for Ordering Your Textbooks! Enroll Now
  • Write a Review Icon Write a Review
List Price: $634.65
We're Sorry.
No Options Available at This Time.

Summary

This is the second edition of a key analytical commentary on the competition procedures of the EC, written by a distinguished editor and contributor team with extensive experience in the area. It provides the reader with an exhaustive account of the relevant rules, which includes a completely revised and updated analysis of antitrust procedure in the wake of the modernization of EU competition law. The reader is given a detailed discussion of the Commission's package of regulations andguidelines and their interaction in practice, in a field where new rules have caused a major change and the need for practitioners to reorientate themselves. The section on antitrust rules will be complemented by new sections on procedures for public undertakings,merger control, and state aid. As a practical guide to procedure it focuses upon the implementation of the regulatory framework by theCommission and the relevant case law of the European Courts. It will prove an indispensable source of guidance for all practitioners involved in competition proceedings before the European Commission and nationalcompetition authorities.

Author Biography


Luis Ortiz Blanco is partner at the EU and Competition Law Group of Garrigues Abogados. He is a former official of DGIV of the European Commission (now DG COMP), where he worked between 1986 and 1993 and in 1996. Currently he represents clients both before national and Community authorities or jurisdictions, including defence and complaints for anticompetitive behaviour both under Articles 81 and 82 of the EC Treaty, notification of mergers before the European Commission's MTF and the Spanish Competition Authorities, and state aids. He has been handling the merger filings of large international and Spanish companies.
Luis Ortiz Blanco is also the Director of the EC and Spanish Competition Law Courses at the Universidad Rey Juan Carlos in Madrid.

Table of Contents

Table of Cases
xxxi
Table of Treaties and Agreements
lxiii
Table of Regulations
lxix
Table of Directives
lxxix
I. ANTITRUST RULES (ARTICLES 81 AND 82 EC)
Luis Ortiz Blanco
Konstantin J Jorgens
The Institutional Framework
Sources of Procedure
1(28)
Substantive Provisions
1(2)
Procedural Rules
3(1)
General Regime
4(6)
Special Regimes
10(9)
Limitation Periods
19(1)
General Principles and Case Law
20(9)
The Authorities Empowered to Apply Competition Rules
29
Antitrust Law and Decentralization
29(4)
The National Judicial Authorities
33(1)
Role of the National Courts
33(1)
Actions before National Courts
34(4)
National Authorities for Upholding Competition
38(1)
Substantive Powers
38(2)
Co-operation between the Commission and the National Authorities and the European Network of Competition Authorities
40(1)
The Commission
41(1)
The Commission's Monitoring Powers
41(3)
The Internal Procedure for the Adoption of Decisions
44(6)
The Community Courts
50(1)
The Community Judicature
50(2)
Main Types of Proceedings
52
The Role of National Judicial Authorities
Jurisdiction of National Courts
1(1)
Jurisdiction of National Courts under Regulation 44/2001
2(2)
Actions before National Courts
4(5)
The Application of Articles 81 and 82 by National Courts
9(1)
General Principles
9(3)
Application of EC and National Competition Rules by National Courts
12(2)
Parallel or Subsequent Application of Community Competition Rules
14(4)
Cooperation between National Courts and the Commission
18(5)
Transmission of Information
23(3)
Opinions
26(5)
Observations
31(3)
National Courts' Assistance to the Commission
34
The Role of National Competition Authorities
Introduction
1(3)
Cooperation between the Commission and the NCAs
4(1)
The European Competition Network (ECN)
5(15)
The ECN and the Cooperation Mechanism
20(23)
Suspension or Termination of Proceedings (Article 13 of Council Regulation 1/2003)
43(2)
The Role and the Functioning of the Advisory Committee on Restrictive Practices and Monopolies
45
The Organization of EC Commission Proceedings
Outline of the Main Types of Procedure
1(1)
Informal Guidance
1(2)
Infringement Proceedings
3(2)
Interim Measures
5(2)
Rejection of Complaints and Finding of Inapplicability
7(5)
Commitments and Informal Settlements
12(3)
Use of Languages and Calculation of Time-Limits
15(2)
General Characteristics of Proceedings
17(1)
The Nature of the Commission and its Proceedings
17(3)
The Burden of Proof
20(4)
Choice of Priorities
24(1)
Commission Decisions
25(1)
General Characteristics of Decisions
25(2)
Types of Decision
27(2)
Notification of Decisions and Information to the Member States
29(2)
Publication of Decisions and Other Measures
31(5)
The Compatibility of the EC Competition Procedure with the ECHR
36(1)
Introduction
36(2)
Human Rights Capable of Constituting a Defence in Competition Law Cases
38
Opening of the File
Action Taken by the Commission before a File is Opened
1(1)
Sources of Information
1(3)
Inquiries into Sectors of the Economy
4(3)
Initiating Proceedings
7(7)
Complaints
14(1)
Introduction
14(3)
Informal or Unofficial Complaints
17(1)
Formal Complaints
18(7)
Request for Informal Guidance and Finding of Inapplicability
25(1)
Informal Guidance
25(9)
Finding of Inapplicability
34
Investigation of Cases (I): Leniency Policy
Policy and Objectives
1(3)
Procedures
4(1)
Immunity from Fines
5(9)
Reduction of a Fine
14(4)
Hypothetical Applications
18(1)
Oral Applications
19(1)
Implications of Regulation 1/2003 on Leniency Programmes
20(1)
Article 11 of Regulation 1/2003
21(1)
Article 12 of Regulation 1/2003
22(2)
Parallel Leniency Applications
24(2)
Judicial Review
26(1)
Amnesty Plus
27
Investigation of Cases (II): Formal Investigative Measures in General. Interviews and Requests for Information
Formal Investigative Measures in General
1(1)
Principles Applicable in the Initial Investigative Phase
1(4)
The Obligations of Undertakings
5(2)
Probative Value of the Documents and Information Obtained
7(4)
Undertakings which may be Investigated
11(6)
Retroactivity of the Commission's Investigative Powers
17(1)
The Choice of Investigative Measures
18(1)
Cooperation with Member States Authorities
19(2)
Requests for Information
21(1)
Introduction
21(6)
Simple Requests
27(6)
Requests for Information by Means of a Binding Decision
33(1)
The Reply
34(1)
Persons Authorized to Supply Information
35(2)
Content of the Replies
37(4)
The Problem of Self-incrimination
41(7)
Cooperation with the Authorities of the Member States
48(3)
Interviews and Oral Statements
51
Investigation of Cases (III): Inspections
Overview
1(5)
Types of Inspections
6(1)
Alternatives
6(2)
Ordinary Inspections
8(6)
Inspections Pursuant to a Binding Decision
14(5)
Surprise Inspections
19(4)
Representation of Undertakings during Inspections
23(1)
Persons Allowed to Represent Undertakings
23(4)
Assistance from a Lawyer or Legal Adviser
27(2)
The Commission's Ordinary Powers during Inspections
29(1)
Access to Premises, Land, Means of Transport of Undertakings and Associations of Undertakings
30(3)
Examination of Books and Other Business Records
33(14)
Copies and Extracts
47(2)
The Power to Seal Business Premises and Books or Records for the Period to the Extent Necessary for the Inspection (Article 20(2)(d))
49(1)
Oral Explanations
50(4)
The Commission's Power to Inspect other Premises
54(3)
Cooperation between the Commission and the NCAs
57(1)
Involvement of the NCAs
57(7)
Inspections Carried out under Article 22 of Regulation 1/2003
64(1)
The Conduct of Inspections
65(1)
Arrival of Inspectors
65(1)
Designated Representatives
66(1)
Identification and Documentation
67(2)
Clarifications and Legal Representation
69(2)
Submission to Inspections
71(1)
Enforcement
72(2)
Examination of Business Records
74(2)
The Taking of Copies or of Extracts from Documents
76(1)
The Completion Record
77(1)
Duration and Timing of Inspections
78
Investigation of Cases (IV): Penalties, Confidentiality
Pecuniary Penalties
1(23)
Introduction
1(2)
Fines
3(1)
In Relation to Requests for Information
3(3)
In Relation to Inspections
6(6)
Periodic Penalty Payments
12(2)
In Relation to Requests for Information
14(1)
In Relation to Inspections
15(1)
Procedure
16(1)
General
16(2)
Procedure for the Imposition of Fines
18(2)
Limitation Period
20(4)
Confidentiality and Use of Information
24
Professional Secrecy and Business Secrets
24(3)
Use of the Information
27(3)
Protection of Information
30
Infringement Procedures
Introduction
1(10)
Formal Initiation and Formal Conclusion of the Procedure: Infringement Decisions
1(3)
Procedural Guarantees
4(3)
The Role of the Hearing Officer
7(4)
Infringement Procedure: Observations and the Formal Adoption of Decisions
11
The Statement of Objections
12(1)
Introduction
12(3)
Layout and General Scheme of the Statement of Objections
15(4)
Formal Conditions
19(3)
Substantive Conditions---Evidential Documents
22(1)
Publicity of the Statement of Objections
23(1)
Cases where a Financial Penalty is Envisaged
24(2)
New Objections and New Evidence
26(2)
The Granting of Access to the File
28(1)
Introduction
28(2)
Limits on Access to the File
30(8)
Access to the File and Confidential Documents
38(7)
Forms of Access to the File
45(2)
The Reply to the Statement of Objections
47(1)
Introduction
47(5)
Written Observations
52(3)
Oral Observations
55(28)
The Remaining Stages of the Procedure until the Adoption of a Decision
83
Infringement Decisions and Penalties
General Content of Infringement Decisions
1(9)
Layout
1(1)
Declarations and Orders or Notices
2(1)
Declaratory Decisions
3(1)
Enforcement Decisions: Remedies
4(6)
Penalties
10
Introduction
10(1)
Nature of the Penalties and Persons on Whom they may be Imposed
11(5)
Purpose of the Penalties
16(1)
Intentional or Negligent Infringement
17(1)
Compatibility of Fines and Periodic Penalty Payments
18(1)
Limitation Periods
19(2)
Procedure
21(1)
Fines
22(1)
Quantitative Limits
22(3)
Calculation: the Commission's Guidelines
25(16)
Amount
41(4)
The Payment of Fines
45(3)
Periodic Penalty Payments
48
Rejection of Complaints
Introduction
1(2)
The Treatment of Complaints
3(3)
Reasons for Rejecting Complaints
6(1)
Lack of a Legitimate Interest
7(2)
Complaints Having no Connection with Articles 81 and 82 EC
9(1)
Exempt Agreements
10(1)
Lack of Community Interest
11(3)
Unfounded Complaints
14(1)
Rejection Procedure
15(1)
First Stage
15(1)
Second Stage
16(1)
Third Stage
17
Commitments, Voluntary Adjustments, Conclusion of the Procedure without a Formal Decision
Voluntary Adjustments
1
The Administrative Procedure as an Opportunity for Adjustment
1(4)
Procedure after Voluntary Adjustment
5
Commitments
13.??(1)
Introduction
6(2)
Main Aspects of Commitment Decisions
8(1)
Scope of the Commission's Assessment
8(1)
Types of Commitments
9(1)
Procedural Aspects
10
Conclusion of the Procedure without a Formal Decision
13.??(1)
Introduction
27(1)
Types of Letters Sent by the Commission to Close a File
28(1)
Comfort Letters, Pending Notifications, Individual Exemptions, and Negative Clearance Decisions under Regulation 1/2003
29(1)
Comfort Letters
30(1)
Pending Notifications
31(1)
Exemption Decisions and Negative Clearance Decisions
32
Special Procedures
Interim Measures
1(1)
Origin and Legal Basis
1(2)
Conditions for the Grant of Interim Measures
3(6)
Procedure for Rejection or Adoption
9(3)
Content of the Decisions
12(3)
Imposition of Financial Penalties
15(1)
Withdrawal of the Benefit of a Block Exemption
16(4)
Revocation or Amendment of an Individual Exemption Adopted under Regulation 17
20(3)
Grounds for Revocation
23(2)
Procedure
25
Steps Following the Adoption of a Formal Decision. Judicial Review
Monitoring of Formal Decisions
1(10)
Infringement Decisions
2(1)
Collection of Fines and Periodic Penalty Payments
2(6)
Monitoring of Compliance with `Injunctions'
8(3)
Closing or Shelving of the File
11(3)
Court Proceedings Concerning the Application of Community Competition Law
14
Application for Annulment
15(2)
Jurisdiction of the Courts
17(7)
Measures against which Actions may be Brought. Locus Standi
24(10)
Pleas in Law
34(10)
Annulment of the Contested Measure
44(6)
Enforceability
50(1)
Proceedings for Failure to Act
51(1)
Actionable Omissions
52(3)
Preconditions
55(1)
Consequences of the Action
56(1)
Applications to the Courts for Interim or Protective Measures
57
II. CONTROL OF CONCENTRATIONS (REGULATION (EC) 139/2004)
Marcos Araujo Boyd
General Issues. Scope of Control
Introduction
1(2)
Basic Principles of Procedure under the MCR
3(1)
Prior Notification of Concentrations
3(1)
Mandatory Suspension
4(9)
Prohibition on Multiple Filings (the one-stop shop principle)
13(6)
Competent Authorities in the Merger Control Area
19(1)
The Competition Directorate-General of the European Commission and the Former `Merger Task Force'
19(3)
The Role of National Competition Authorities ('NCAs')
22(4)
Referral of Concentrations
26(1)
Basic Principles
26(2)
Referral Prior to Notification of the Operation (Article 4(4)) and (5) of the Merger Control Regulation
28(7)
Post-notification Referral of the Operation
35(24)
Scope of the Merger Control Regulation: Concentrations with a Community Dimension
59(1)
Concentrations as Defined in Article 3
60(23)
Community Dimension
83
Procedures
Notification
1(1)
General Aspects of Notification
1(5)
The Notification Form
6(10)
Notification of Sensitive or Confidential Information
16(2)
Overview of Key Deadlines
18(1)
Time periods in the first phase
19(1)
Time periods in the second phase
20(1)
`Stop the clock' provisions
21(1)
Pre-notification and First Phase
22(1)
Pre-notification and Waivers
22(3)
The First Phase
25(28)
The Second Phase
53(1)
Initiating Proceedings: Article 6(1)(c) Proceedings and Fixing the Timetable
53(3)
The Statement of Objections and the Parties' Observations
56(3)
Access to the File
59(3)
The Right to be Heard. The Formal Hearing
62(8)
Consultation with the Member States: the Advisory Committee
70(7)
Decisions at the End of the Second Phase. Publication
77(6)
The Negotiation of Commitments: Acceptable Solutions that Remedy the Competition Concerns
83(1)
Introduction
83(6)
The Acceptable Remedies Notice
89(1)
Types of Commitments
90(4)
Requirements for the Filing of Commitments
94(7)
The Implementation of Commitments
101(2)
Consequences of Breach of the Commitments
103(10)
Investigative Powers of the Commission
113(2)
Requests for Information
115(5)
Inspections
120(3)
Infringements and Sanctions
123
Judicial Review of Commission Decisions Regarding Concentrations
Introduction
1(2)
Reviewable Acts
3(1)
Form of the Act not Relevant
4(2)
Article 6 Decisions
6(6)
Review of Decisions Imposing Sanctions under the Merger Control Regulation
12(1)
Referral Decisions
13(2)
Article 8 Decisions
15(3)
Acts Adopted in the Implementation of Merger Clearance Decisions
18(2)
Locus Standi
20(2)
The Notifying Party
22(2)
Locus Standi of Third Parties
24(6)
Shareholders as Applicants---the Zunis Case
30(1)
Trade Unions
31(2)
Scope of Revision and Discretion of the Commission
33(8)
Interim Measures
41(10)
Procedure before European Courts
51(1)
Ordinary Procedure
52(4)
The Fast-Track Procedure
56(6)
Appeals to the ECJ
62(3)
Consequences of Judicial Review
65
III. PUBLIC UNDERTAKINGS AND EXCLUSIVE OR SPECIAL RIGHTS (ARTICLE 86(3) EC
Jose Luis Buendia Sierra
Procedure on State Measures---Decisions under Article 86(3) EC
Introduction
1(1)
Procedures for the Application of Community Rules
2(1)
Procedure Regarding the Behaviour of Undertakings
3(1)
Procedures Regarding State Measures
4(8)
Decisions under Article 86(3) EC
12(1)
General Points
12(9)
The Processing of Complaints and `Own Initiative' Proceedings
21(10)
Infringement Proceedings
31(6)
The Formal Decision and its Effects
37
Directives under Article 86(3) EC
Functions of Directive under Article 86(3) EC
1(4)
Directives Adopted on the Basis of Article 86(3) EC
5(1)
Preventive Function of Directives under Article 86(3) EC
6(12)
The Rules Concerning Directives under Article 86(3) EC
18(24)
Relations between Directives under Article 86(3) EC and Harmonization Directives
42
IV. STATE AND (ARTICLES 87 AND 88 EC)
Jean-Paul Keppenne
General Questions on Procedure. Control of State Aid Compatibility. Council's Decision-making Power
Introduction
1(3)
Classification of Measures as State Aid
4(18)
Powers of the Commission
6(1)
Characteristics
6(5)
Terms
11(6)
Quasi-Regulations of the Commission
17(2)
`Transparency' Directive
19(2)
Powers of the National Courts
21(1)
Control of State Aid Compatibility
22(78)
Introduction
22(1)
General Principles
23(1)
Exclusive Powers of the Commission
24(14)
Nature of the Examination Procedure
38(8)
The Member State Concerned as the Commission's Main Interlocutor
46(16)
Internal Workings of the Commission
62(6)
Regulatory Framework
68(1)
Quasi-regulations of the Commission
69(11)
Regulations of the Council
80(20)
Council's Decision-Making Power
100
Principles
100(6)
Scope of the Council's Power
106(2)
Existence of Exceptional Circumstances
108(3)
Procedure
111
Prior Control of New Notified Aid
Concept of New Aid
3(10)
Prior Notification Obligation for New Aid
13(1)
Prior Notification Obligation
13(20)
Suspension Obligation
33(6)
Preliminary Examination Procedure for Notified Aid
39(2)
Preliminary Examination Procedure
41(2)
Commission Examination Deadline
43(5)
Decision Not to Lodge an Objection
48(8)
Formal Examination Procedure for Notified Aid
56(1)
Opening of the Procedure
57(11)
Extension of the Procedure
68(2)
Suspensive Effect
70(1)
Procedural Arrangements
71(28)
Final Decision
99(1)
General Considerations
100(12)
Decision Ruling Out the Existence of Aid
112(1)
Positive Final Decision
113(1)
Conditional Final Decision
114(7)
(Partially) Negative Final Decision
121(1)
Implementation of Final Decision
122
Unlawful Aid
General Matters
1(22)
Consequences of the Unlawful Implementation of Aid
5(1)
Direct Effect of the Final Sentence of Article 88(3) EC
5(1)
Obligation to Examine the Compatibility of Unlawful Aid
6(1)
Obligation to Deal with Complaints of Unlawful Aid
7(1)
Preliminary Examination Procedure for Unlawful Aid
8(1)
Preliminary Examination Procedure
8(5)
Formal Examination Procedure
13(1)
Final Decision
14(1)
Positive Decision
15(2)
Negative or Conditional Decision
17(6)
Recovery of Incompatible Aid Unlawfully Put Into Effect
23(62)
Recovery Principle
23(1)
Principle
23(4)
Recovery and Form of the Aid
27(3)
Legitimate Expectations
30(3)
Practice
33(5)
Exceptions to Recovery
38(1)
Recovery Time-Limit
39(5)
Disappearance of the Distortion-of-Competition
44(1)
General Principle of the Right to Oppose the Recovery of Aid
45(13)
Implementation
58(1)
Obligations of the Member State
58(4)
Recovery Procedure
62(12)
Determination of the Person Bound to Return the Aid
74(5)
Determination of the Body through which the Aid-Repayment Operation is to be Effected
79(1)
Calculation of the Sum to be Recovered
80(5)
Interim Measures and the Commission's Power to Grant Injunctions
85
Principle
85(2)
`Boussac' Suspension Injunction
87(1)
Object
87(3)
Form
90(1)
Preliminary Procedure
91(1)
Simple Enabling Power
92(1)
Provisional Recovery Injunction
93(2)
Information Injunction
95(4)
Italgrani Injunction
99(1)
Pleuger Injunction
100
Control of Existing Aid Schemes
Concept of Existing Aid Scheme
3(14)
Distinction Between an Existing Aid Scheme and Existing Individual Aid
4(2)
Categories of Existing Aid
6(1)
Approved Aid
7(2)
Pre-Accession Aid
9(5)
`Lorenz' Aid
14(1)
Aid Benefiting from the Recovery Limitation Period
15(1)
Measures that Became Aid after Coming into Force
16(1)
Determination of Whether Aid Can Be Considered to Be Existing Aid
17(16)
Importance of the Question
19(1)
Procedure
20(1)
Individual Case of Application of an Existing Scheme
21(4)
Application of Individual Aid
25(1)
Procedure to be Followed for Carrying Out this Preliminary Check: the Italgranian Case
26(4)
Consequences of an Error of Assessment
30(1)
Interpretation of the Scope of an Existing Scheme
31(2)
Permanent Review of the Compatibility of Existing Aid
33
Permanent Cooperation with the Member States
35(1)
Exchange of Information
36(1)
Appropriate Measures
37(7)
Formal Examination Procedure
44(4)
Final Decision
48
Implementation of the Commission's Decisions
A Posteriori Control By the Commission
1(3)
Annual Reports
1(1)
On-Site Monitoring
2(2)
Remedies If Any of the Commission's Decisions are Breached
4
Bringing the Matter before the European Court of Justice
5(4)
Procedure in the Event of Abusive Application of Existing Aid
9(6)
Taking into Account the Non-recovery of Unlawful Aid in the Consideration of New Aid
15
Role of National Courts
The Enforcement of the Obligation Not to Grant Unauthorized Aid
1(27)
Role of the National Judge
2(1)
Direct Effect of Article 88(3), Last Sentence
2(1)
Powers of the National Courts
3(18)
Distinction Between the Role of the National Judge and the Role of the Commission
21(4)
Cooperation of the ECJ and the Commission
25(1)
Cooperation with the ECJ
25(1)
Cooperation with the Commission
26(2)
Other Litigation Before the National Courts
28
State Aid Litigation before the Community Courts
Procedures Against the Commission
5(78)
Scope of the Judicial Review
5(8)
Action for Annulment
13(1)
General Principles
13(27)
Appeal against a Decision not to Raise Objections/a Refusal to Initiate the Formal Examination Procedure
40(8)
Appeal against a Decision Considering Aid to Constitute Existing Aid
48(4)
Appeal against a Final Decision
52(13)
Action for Failure to Act
65(1)
General Principles
65(1)
Appeal against a Failure to Adopt a Decision not to Raise Objections
66(1)
Appeal against a Failure to Rule on a Complaint and/or to Initiate the Formal Examination Procedure
67(1)
Appeal against a Failure to Bring an Action for Failure to Fulfil an Obligation under the Second Subparagraph of Article 88(2)
68(1)
Appeal against a Failure to take the Measures Involved in the Execution of a Judgment of the ECJ or the CFI
69(1)
Action for Non-contractual Liability
70(2)
Application for Interim Measures
72(1)
General Principles
72(2)
Interim Measures and Stay of Execution of a Decision to Initiate the Formal Examination Procedure
74(1)
Interim Measures and Stay of Execution of a Decision to Amend or Abolish an Existing Aid Scheme
75(1)
Interim Measures and Stay of Execution of a Negative Decision
76(6)
Interim Measures and Stay of Execution of a Positive Decision
82(1)
Procedures Against Member States
83(17)
Distinction Between the Administrative Aid-Control Procedure and the Infringement Procedure
84(3)
Direct Referrals to the ECJ
87(1)
General Principles
87(5)
Grounds of Defence that may be Put Forward by the Member State
92(7)
Applications for the Adoption of Interim Measures
99(1)
Procedure for Action Against Council Decisions Adopted on the Basis of the Third Sub-Paragraph of Article 88(2)
100
V. COMPETITION LAW AND PROCEDURE IN THE EUROPEAN ECONOMIC AREA
Kieron Beal
European Economic Area Competition Procedure
Introduction to the Agreement on the European Economic Area
1(9)
Formation and General Institutional Framework
2(4)
An Overview of the Competition Provisions of the EEA Agreement
6(4)
The Substantive Competition Rules of the EEA Agreement: A Brief Description
10(11)
The Basic Rules
10(1)
Article 53 (Article 81 EC)
10(1)
Article 54 (Article 82 EC)
11(1)
Article 57 (The Merger Regulation)
12(1)
Article 3 EEA (cf Article 10 EC)
13(2)
Article 3 EEA (cf Article 10 EC)
15(1)
`Acts' Giving Effect to the Basic Rules
16(1)
Block Exemptions
16(3)
Commission Notices and Guidelines
19(2)
The Procedure for the Application of the EEA Competition Rules
21(31)
The Modernization of Community Competition Law
21(6)
Division of Responsibility between the EC Commission and the EFTA Surveillance Authority
27(3)
Allocation of Cases
30(1)
Article 53 Cases
30(5)
Article 54 Cases
35(5)
Merger Cases
40(3)
Public Undertakings
43(1)
Cooperation between the EC Commission and the ESA
44(6)
Judicial Review
50(1)
Rights of Lawyers
51(1)
Practical Procedural Aspects in Articles 53 and 54 Cases
52(28)
The Former System of Notifications, Applications, and Complaints
52(1)
The New Decentralized Enforcement of the EEA Competition Rules
53(1)
The Main Features of the Decentralized Regime
54(1)
Powers of the Competition Authorities and National Courts of EFTA/EEA States
55(2)
Powers of the ESA as a Competent Surveillance Authority under the New Regime
57(1)
The Opening of the Case
58(7)
Cooperation between the ESA and the Commission on the Conduct of Proceedings
65(4)
Investigations and Inquiries Conducted by the ESA
69(7)
Formal and Informal Decisions Taken by the ESA
76(2)
The Nature and Extent of any Remedies Adopted by Way of Subsequent Action
78(2)
Practical Procedural Aspects in Merger Cases
80(12)
The Adoption of the Revised Merger Regulation
80(2)
Pre-Notification Procedures
82(3)
Notifications of Concentrations
85(2)
Procedure Once Notified
87(4)
Powers Available to the ESA in Dealing with Merger Cases
91(1)
An Overview of the EEA Provisions on State Aids
92(16)
Introduction
92(1)
The Basic Provisions
93(4)
Powers and Functions of the ESA
97(1)
Examination of New Aid
98(3)
Powers of the ESA to Deal with Unlawful State Aid
101(2)
Review of Existing Aid
103(2)
Complaints
105(1)
Cooperation Between the EC Commission and the ESA
106(2)
Adaptation Periods
108(7)
Article 53
108(1)
New Agreements
109(1)
Existing Agreements
110(3)
Article 54
113(1)
The Merger Regulation
114(1)
Conclusion
115(906)
APPENDICES
I: Antitrust Rules (Articles 81 and 82 EC)
1021(150)
II: Merger Control (Regulation 139/2004)
1171(214)
III: Public Undertakings and Exclusive or Special Rights (Article 86 EC)
1385(4)
IV: State Aid (Articles 87 and 88 EC)
1389(186)
V: European Economic Area Competition Procedure
1575(60)
Index 1635

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

Rewards Program