Faull and Nikpay: The EU Law of Competition

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  • Edition: 3rd
  • Format: Hardcover
  • Copyright: 2014-05-13
  • Publisher: Oxford University Press

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This leading work provides a unique perspective on EU competition law, authored by current and former members of DG Competition, and giving insider knowledge into policies and their application.

Fully updated in this third edition, the work includes new material on industries of growing importance in the competition field including pharmaceuticals and High Tech. A new chapter on pharmaceuticals and health care gives analysis of the pharmaceuticals sector enquiry report, the ECJ judgment in GSK, the Servier investigation, and various mergers. Coverage of the developing High Tech industry is covered in an expanded chapter on Communications.

Other updating includes full coverage of the latest legislation, case law and guidance, giving competition lawyers a comprehensive commentary on recent developments. Discussion of key legislative developments looks at the R&D and Specialization Block Exemption Regulations, the revised Verticals Block Exemption Regulation, and the Technology Transfer Block Exemption. Since the last edition of Faull and Nikpay, there has been a wealth of new guidance published which is fully covered in the third edition including Guidance on Hearing Officer procedures, Commission guidance on enforcement priorities for exclusionary conduct, non-horizontal mergers guidelines, Horizontal agreements guidelines, Verticals guidelines, and Commission Guidelines on Technology Transfer. Also, key recent cases covered in the new edition include Telefonica, Microsoft, Intel, Rambus, RWE, and GdF.

Author Biography

Jonathan Faull, Director General, Internal Market and Services, European Commission,Ali Nikpay, Senior Director, Case Scrutiny and Competition Policy, Office of Fair Trading

Jonathan Faull joined the European Commission in 1978 after studying law at the University of Sussex and the College of Europe (Bruges). He worked in various positions in the Directorate General for Competition and was appointed Deputy Director General in 1999. From 1989 to 1992, he was a member of the Cabinet (private office) of Sir Leon (now Lord) Brittan. He was Commission Spokesman and Director General for Press and Communication (20002003) and Director General for Justice, Freedom and Security (formerly Justice and Home Affairs) 20032010. He is Professor of Law at the Vrije Universiteit Brussel and the College of Europe.

Ali Nikpay is a Senior Director at the Office of Fair Trading, London. He is responsible for cartels and criminal enforcement. In January 2011 he was also appointed as one of the two main Mergers Decision Makers. Prior to running the cartels division he was Senior Director for Policy. Before joing the Office of Fair Trading he worked at Clifford Chance and DG Comp and he co-edits "The EC Law of Competition", one of the leading texts in the field. He is also on the Editorial Boards of World Competition, and the European Competition Journal, and was a visiting Fellow at the London School of Economics.

Table of Contents

1. The Economics of Competition, Luc Peeperkorn and Vincent Verouden
2. The Enforcement System under Regulation 1/2003, Eddy De Smijter and Ailsa Sinclair
3. Article 101, Jonathan Faull, Ali Nikpay and Henning Leupold
4. Article 102, Miguel de la Mano, Hans Zenger and Renato Nazzini
5. Mergers, Thomas Deisenhofer, Claes Bengtsson and Jose Maria Carpi-Badia
6. Article 106 - Exclusive Rights and Other Anti-competitive State Measures, Jose Luis Buendia Sierra
7. Horizontal Agreements, Donncadh Woods, Henning Leupold, Anna Emanuelson, and Francisco Enrique Gonzalez Diaz
8. Cartels, Ewoud Sakkers, Jindrich Kloub and Antoine Colombani
9. Vertical Agreements, Luc Peeperkorn and Andrei Gurin
10. Intellectual Property, Kevin Coates, Lars Kjoelbye and Luc Peeperkorn
11. Financial Services, Steve Ryan, Rita Wezenbeek and Silke Obst
12. Energy, Lars Kjoelbye and Celine Gauer
13. Communications (Including High Tech Industries), Kevin Coates, Sophie Moonen, Krzysztof Kuik, and Eduardo Martinez Rivero
14. Transport, Linsey McCallum and Hubert De Broca
15. State Aid, Henri Piffaut, Claire Micheau, Koen Van de Casteele, and Tim Maxian Rusche
16. Pharma, Dominik Schnichels, Elena Kamilarova and Harald Mische

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