EU Competition Procedure

Summary

Written by a distinguished team with extensive experience in the area, this key analytical commentary on the competition procedures of the EU provides in-depth coverage of the relevant rules. The work discusses in detail the Commission's package of regulations and guidelines and their interaction in practice. This third edition fully updates the work to reflect recent legislative developments and a wealth of recent case law, in particular in relation to merger control and state aid. Consideration is given as to how EC Regulation 1/2003 (antitrust rules) have been applied and reviews their enforcement. Coverage also includes discussion of the fining practice of the European Commission and the judicial review of this practice by the Community Courts. There is also a new Part dedicated to the procedural aspects of arbitration as an efficient alternative means of dispute resolution in the private enforcement of EU competition law claims. As a practical guide to procedure, focusing on the implementation of the regulatory framework by the Commission and the relevant case law of the European Courts, this is an indispensable resource for all practitioners involved in competition proceedings before the European Commission and national competition authorities.

PART ONE: ANTITRUST RULES
1. The institutional framework
2. The role of national judicial authorities
3. The role of national competition authorities
4. The organization of EC Commission proceedings
5. Opening of the file
6. Investigation of cases (I): Leniency policy
7. Investigation of cases (II): Formal investigative measures in general. Interviews and requests for information
8. Investigation of cases (III): Inspections
9. Investigation of cases (IV): Penalties, confidentiality
10. Infringement procedures
11. Infringement decisions and penalties
12. Rejection of complaints
13. Commitments, voluntary adjustments, conclusion of the procedure without a formal decision
14. Special procedures
15. Steps following the adoption of a formal decision. Judicial review
PART TWO: CONTROL OF CONCENTRATIONS
16. General issues. Scope of control
17. Procedures
18. Judicial review of commission decisions regarding concentrations
PART THREE: PUBLIC UNDERTAKINGS AND EXCLUSIVE OR SPECIAL RIGHTS
19. Procedure on state measures
20. Directives under article 86(3) EC
PART FOUR: STATE AID
21. General questions on procedure, control of state aid compatability. Council's decision-making power
22. Prior control of new notified aid
23. Unlawful aid
24. Control of existing aid schemes
25. Implementation of the Commission's decisions
26. Role of national courts
27. State aid litigation before the community courts
PART FIVE: COMPETITION LAW AND PROCEDURE IN THE EUROPEAN ECONOMIC AREA
28. European Economic Area competition procedure
PART 6: ARBITRATION
29. EU Competition Arbitration

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