EU Competition Law: General Principles

by Vaughan, David; Lee, Sarah; Kennelly, Brian; Riches, Philip

• ISBN13: 9781904501633
• ISBN10: 190450163X
• Format: Hardcover
• Copyright: 2006-11-10
• Publisher: Oxford University Press

Summary

EU Competition Law: General Principles (EU Competition Law Library) provides an authoritative overview of competition law in the European Union. It includes up to date and detailed analysis of core Treaty articles and case law on the fundamental principles affecting commercial agreements, abuse of dominant position and state involvement and its effect under competition law. The authors are leading practitioners in the field of UK and EU competition law.

Author Biography

David Vaughan QC is a leading expert on European Union law, particularly within the competition and administrative practice areas. He is a senior barrister at Brick Court Chambers in London and has appeared in more than 90 cases at the European Court of Justice. The Chambers and Partners Guide to the Legal Profession 2002 - 2003 describes Mr Vaughan as "one of the senior statesmen of the competition world". He is also a Deputy High Court Judge, Judge of the Court of Appeals of Jersey and Guernsey, and Honorary Professor of European Law at Durham University. Barrister specialising in EU law, competition litigation (UK and EU), conflicts, judicial review, human rights and all types of commercial litigation and ICC and other arbitration.
Barrister specialising in commercial law; EC; public law; employment law. Commercial litigation generally, including joint venture shareholder disputes, shipping, international trade, competition law, insurance and banking. Experience of advocacy in particular in the Commercial Court and in ICC and LMAA arbitrations.

Table of Contents

TABLE OF CASES	ix
TABLE OF LEGISLATION	xxi
1. INTRODUCTION
A. General	1	(25)
1. The rules of competition	1	(1)
2. The rules of competition in the context of the EC Treaty	2	(1)
3. Objectives of the rules of competition: earlier statements (1)	3	(2)
4. Objectives of the rules of competition: earlier statements (2)	5	(12)
5. Objectives of competition policy: more recent statements	17	(9)
B. Implementation of the rules of competition	26	(11)
1. Role of the Council	29	(3)
2. General Treaty powers of the Commission	32	(1)
3. Legislative powers of the Commission	33	(1)
4. Quasi-legislative powers of the Commission	34	(2)
5. Administrative and executive powers and duties of the Commission	36	(1)
2. SCOPE OF THE RULES OF COMPETITION
A. Territorial application	37	(15)
1. The territory of the common market	37	(1)
2. Treaties with third countries	38	(1)
3. Application to trade with third countries	39	(2)
4. Extra-territorial jurisdiction	41	(6)
5. Extra-territorial application	47	(5)
B. Personal application	52	(18)
1. Meaning of 'undertaking'	52	(9)
2. Public undertakings 6o
3. Member States	61	(9)
C. Temporal application	70	(4)
1. Time limits generally	70	(2)
2. Limitation periods	72	(2)
D. Sectoral application	74	(17)
1. Coal and steel	75	(1)
2. Nuclear energy	76	(1)
3. Agriculture	77	(5)
4. Transport	82	(1)
5. Telecommunications and broadcasting	83	(1)
6. Security and defence products	84	(2)
7. Banking and insurance	86	(2)
8. Utilities	88	(1)
9. Electronic communications and e-commerce	89	(1)
10. Other sectors	90	(1)
3. AGREEMENTS, DECISIONS OF ASSOCIATIONS OF UNDERTAKINGS AND CONCERTED PRACTICES
A. Introduction	91	(7)
1. The prohibition of anti-competitive agreements and practices	91	(5)
2. Exemption	96	(2)
B. Agreements, decisions and concerted practices	98	(35)
1. Agreements	98	(7)
2. Decisions by associations of undertakings	105	(3)
3. Concerted practices	108	(11)
4. Exchange of information	119	(3)
5. Application of Article 81 to 'unilateral' conduct	122	(7)
6. Concerted behaviour between companies in the same group and agreements between principals and agents	129	(4)
C. The object or effect of preventing, restricting or distorting competition	133	(22)
1. Introduction	133	(2)
2. Object or effect	135	(3)
3. Prevention, restriction or distortion of competition	138	(3)
4. Horizontal agreements	141	(2)
5. Vertical agreements	143	(5)
6. Restrictions necessary for the promotion of competition	148	(7)
D. Effect on trade between Member States	155	(23)
1. Introduction	155	(5)
2. Agreements which 'may' affect inter-State trade	160	(3)
3. Agreements which limit, or affect the terms of, cross-border transactions	163	(3)
4. Partitioning of national markets	166	(3)
5. Network effect	169	(5)
6. Altering the pattern of inter-State trade	174	(4)
E. The requirement of 'appreciable' effect on competition on trade between Member States	178	(19)
1. An appreciable effect on competition	178	(10)
2. An appreciable effect on trade between Member States	188	(9)
F. Exemption	197	(22)
1. Introduction	197	(2)
2. Exemption under Article 81(3)	199	(2)
3. The conditions for exemption	201	(18)
4. ABUSE OF DOMINANT POSITION
A. The prohibition	219	(10)
1. Prohibition of abuse of dominant position	219	(1)
2. The prohibition	220	(1)
3. Structure of Article 82	221	(2)
4. Interpretation of Article 82	223	(2)
5. Interrelationship with Article 81	225	(4)
B. Dominant position	229	(41)
1. Meaning of 'dominant position'	229	(1)
2. Determination of dominant position	230	(4)
3. Relevant product market	234	(11)
4. Relevant geographic market	245	(2)
5. Substantial part of the common market	247	(1)
6. The temporal market	248	(1)
7. Assessment of market power	249	(16)
8. Undertakings	265	(5)
C. Abuse	270	(41)
1. Meaning of 'abuse'	270	(3)
2. Fault	273	(1)
3. Causation	274	(1)
4. Objective justification	275	(3)
5. The list of abuses in Article 82 EC	278	(1)
6. Pricing	279	(10)
7. Conditions with tying effects	289	(2)
8. Requiring supplementary obligations	291	(1)
9. Refusal to deal	292	(3)
10. Refusals to supply competitors and essential facilities	295	(3)
11. Abuse and intellectual property rights	298	(6)
12. Limiting production, markets or technical development	304	(2)
13. Restricting parallel trade between Member States	306	(1)
14. Other unfair trading conditions	307	(1)
15. Other abuses	308	(1)
16. Duration of abuse	309	(1)
17. Abuse and mergers	310	(1)
D. Affecting trade between Member States	311	(3)
1. Inter-State trade	311	(2)
2. Trade and other activities	313	(1)
5. STATE INVOLVEMENT AND THE APPLICATION OF THE RULES ON COMPETITION
A. Article 86	314	(11)
1. The provisions of Article 86	314	(2)
2. The purpose of Article 86 and the relevance of Articles 3(g) and 10 of the Treaty	316	(4)
3. Balancing competing interests	320	(2)
4. Requirement to apply Article 86(1) in conjunction with another Treaty provision	322	(2)
5. Article 86 arid direct effect	324	(1)
B. Article 86(1)	325	(36)
1. Article 86(1) only applies to certain types of undertaking	325	(17)
2. The prohibited conduct under Article 86(1)	342	(8)
3. Particular examples of the grant of special or exclusive rights infringing Article 86(1) in conjunction with Article 82	350	(11)
C. Article 86(2)	361	(14)
1. Purpose	361	(1)
2. Undertakings having the character of a revenue producing monopoly	362	(1)
3. Undertakings entrusted with the operation of services of general economic interest	363	(5)
4. Obstruction of the performance of the tasks entrusted	368	(4)
5. No adverse effect on trade contrary to the interests of the Community	372	(1)
6. Direct effect	373	(2)
D. Article 86(3)	375	(5)
1. Powers of the Commission under Article 86(3)	375	(5)
E. Article 8i in conjunction with Article 10	380
1. Requiring or favouring the adoption of anti-competitive agreements or reinforcing their effects	383	(4)
2. Delegating to private traders responsibility for taking decisions affecting the economic sphere	387