Sourcebook on EU Competition Law

Description

Titel Copyright Auteurs Voorwoord Gebruiksaanwijzing Shortcuts to core documents Legislation 1. Treaty on the Functioning of the European Union Treaty – Treaty on the functioning of the European Union (extract art. 3, 101–109) 2. Rules addressed to undertakings 2.1. Cartels and abuse of dominant position 2.1.1. Core legislation Treaty – Treaty on the functioning of the European Union (Consolidated version) (extract art. 101–102) Protocol N° 27 – Internal market and competition Council Regulation (EC) N° 1/2003, 16 December 2002 – Rules on competition Art. 101 and 102 Treaty, implementation 2.1.2. Substantive rules 2.1.2.1. General rules Commission Notice – Relevant market Commission Notice – Guidelines on the effect on trade concept Commission Notice – Guidelines on the application of Art. 101(3) Communication from the Commission – Abusive exclusionary conduct by dominant undertakings Communication of the Commission – De Minimis Notice Commission staff working document 25 June 2014 – Guidance on restrictions of competition «by object» 2.1.2.2. Vertical agreements Commission Regulation (EU) N° 330/2010, 20 April 2010 – Vertical agreements and concerted practices, application Art. 101(3) Treaty Commission Notice – Guidelines on Vertical Restraints Commission Regulation (EU) N° 461/2010, 27 May 2010 – Vertical agreements and concerted practices in the motor vehicle sector Commission Notice – Vertical agreements and concerted practices in the motor vehicle sector 2.1.2.3. Horizontal agreements Commission Regulation (EU) N° 1217/2010, 14 December 2010 – R&D Block Exemption Regulation Commission Regulation (EU) N° 1218/2010, 14 December 2010 – Specialisation Block Exemption Regulation Communication from the Commission – Guidelines horizontal co-operation agreements 2.1.2.4. Transfer of technology Commission Regulation (EU) No 316/2014, 21 March 2014 – Commission Regulation (EU) No 316/2014 - Technology transfer agreements (TTBER) Communication from the Commission – Guidelines on technology transfer agreements 2.1.2.5. Insurance sector Commission Regulation (EU) N° 267/2010, 24 March 2010 – Agreements, decisions and concerted practices in the insurance sector Communication from the Commission – Insurance Block Exemption Regulation, explanatory communication Report 1 July 2014 – Study on co(re)insurance 2.1.3. Procedural rules Commission Regulation (EC) N° 773/2004, 7 April 2004 – Conduct of proceedings by the Commission, Art. 81 and 82 Treaty Commission Notice – Cooperation within the Network of Competition Authorities Commission Notice – Co-operation between the Commission and the courts of the EU Commission Notice – Handling of complaints Commission Notice – Informal guidance relating to novel questions, guidance letters Commission Notice – Access to File Notice Guidelines – Method of setting fines Commission Notice – Immunity from fines and reduction of fines in cartel cases Commission Notice – Settlement procedures White paper 2 April 2008 – White Paper on Damages Actions for Breach of the EC antitrust rules Commission staff working paper 2 April 2008 – Damages Actions for Breach of the EC antitrust rules Commission staff working paper 2 April 2008 – Damages actions for breach of the EC antitrust rules - Impact Assessment Report Guidelines 6 January 2010 – Guidance on procedures of the Hearing Officers Commission Decision 13 October 2011 – The function and terms of reference of the Hearing Officer Best practice – Submission of economic evidence, data collection Commission Notice – Best practices for the conduct of proceedings Brochure – Compliance matters Explanatory note 18 March 2013 – Inspections, authorization Communication from the Commission – Quantifying harm in actions for damages based on breaches of Art. 101 or 102 TFEU Commission staff working document 11 June 2013 – Practical Guide on quantifying harm in actions for damages Recom. 11 June 2013 – Collective Redress Communication from the Commission 9 July 2014 – Ten Years of Antitrust Enforcement under Regulation 1/2003: Achievements and Future Perspectives Commission staff working document 9 July 2014 – Ten Years of Antitrust Enforcement under Regulation 1/2003 Commission staff working document 9 July 2014 – Enhancing competition enforcement by the Member States' competition authorities: institutional and procedural issues. Dir. 2014/104/EU Eur. Parl. & Council 26 November 2014 – Directive on Antitrust Damages Actions 2.2. Concentration control 2.2.1. Core legislation Council Regulation (EC) N° 139/2004, 20 January 2004 – EC Merger Regulation Commission Regulation (EC) N° 802/2004, 21 April 2004 – Implementing Regulation Communication from the Commission – Report on the functioning of Regulation No 139/2004 White paper COM(2014) 449 final 9 July 2014 – Towards more effective EU merger control Commission staff working document 9 July 2014 – Towards more effective EU merger control Commission staff working document 9 July 2014 – Towards more effective EU merger control Commission staff working document 9 July 2014 – Towards more effective EU merger control 2.2.2. Substantive rules Commission Notice – Relevant market Commission Notice – Remedies acceptable under Council Regulation (EC) No 139/2004 and under Commission Regulation (EC) No 802/2004 Commission Notice – Merger Remedies Study Guidelines – Assessment of horizontal mergers Guidelines – Assessment of non-horizontal mergers Commission Notice – Restrictions directly related and necessary to concentrations Commission Notice – Commission Consolidated Jurisdictional Notice under the Merger Regulation Commission Notice – Average rate used to calculate the turnover, simplified method 2.2.3. Procedural rules Guidelines 20 January 2004 – Best practices on merger control proceedings Doc. – Competition Information note on Art. 6 (1) c 2nd sentence of Regulation 139/2004 (abandonment of concentration) Commission Notice – Case referral in respect of concentrations Commission Notice – Access to the Commission file Template – Merger notification and procedures template Guidelines – Market share ranges in non confidential versions of merger decisions Commission Decision 13 October 2011 – The function and terms of reference of the Hearing Officer Best practice – Submission of economic evidence, data collection Communication 8 November 2011 – Best Practices on Co-operation in Merger Review Communication from the Commission – Address DG Competition Merger Registry Guidelines 5 December 2013 – Best practice on divestiture commitments Template 5 December 2013 – Model texts for divestiture commitments Template 5 December 2013 – Model texts for trustee mandates Commission Notice – Simplified procedure for treatment of certain concentrations Com. – Implementing Regulation, comments on the Commission's objections, Format of electronic submissions, E-mail address (2014) 3. Rules addressed to Member States 3.1. State aid 3.1.1. Core legislation and substantive law 3.1.1.1. General rules Treaty – Treaty on the functioning of the European Union (Consolidated version) (extract art. 107–109) Council Regulation (EC) N° 994/98, 7 May 1998 – Horizontal State aid Commission Regulation (EU) N° 1407/2013, 18 December 2013 – De minimis aid, application of Art. 107 and 108 TFEU Commission Regulation (EU) No 651/2014, 17 June 2014 – General Block Exemption Regulation (GBER) Communication from the Commission 8 May 2012 – EU State Aide Modernation (SAM) 3.1.1.2. Regional aid Commission Regulation (EU) No 651/2014, 17 June 2014 – General Block Exemption Regulation (GBER) Guidelines – Guidelines on regional State aid for 2014-2020 3.1.1.3. SME aid Commission Regulation (EU) No 651/2014, 17 June 2014 – General Block Exemption Regulation (GBER) Communication from the Commission – Guidelines on State aid to promote risk finance investments 3.1.1.4. Environmental aid Commission Regulation (EU) No 651/2014, 17 June 2014 – General Block Exemption Regulation (GBER) Communication from the Commission – Guidelines on State aid for environmental protection and energy 2014-2020 3.1.1.5. Aid for Research, Development and Innovation Commission Regulation (EU) No 651/2014, 17 June 2014 – General Block Exemption Regulation (GBER) Communication from the Commission – Framework for State aid for research and development and innovation 3.1.1.6. Training aid Commission Regulation (EU) No 651/2014, 17 June 2014 – General Block Exemption Regulation (GBER) Communication from the Commission – Compatibility of State aid for training subjects to individual notification 3.1.1.7. Aid to disadvantaged and disabled workers Commission Regulation (EU) No 651/2014, 17 June 2014 – General Block Exemption Regulation (GBER) Communication from the Commission – Compatibility of State aid for the employment of disadvantaged and disabled workers subject to individual notification 3.1.1.8. Financial and economic crisis: aid financial sector Communication from the Commission – Recapitalisation of financial institutions Communication from the Commission – Impaired assets in the Community banking sector, treatment Communication from the Commission – Restructuring measures in the financial sector Communication from the Commission – Banking Communication 3.1.1.9. Other aid Communication from the Commission – State aid elements in sales of land and buildings by public authorities Communication of the Commission – State aid rules, application to measures relating to direct business taxation Communication of the Commission – State aid in form of guarantees Communication from the Commission – Short-term export-credit insurance Communication from the Commission 20 June 2014 – State aid to promote the execution of important projects of common European interest Communication from the Commission – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty 3.1.2. Procedural rules Council Regulation (EC) N° 659/1999 – Application Art. 108 Commission Regulation (EC) N° 794/2004, 21 April 2004 – State aid, Implementation Communication – State aid complaint form Communication from the Commission 1 December 2003 – Professional secrecy in State aid decisions Commission Notice – Electronic transmission of State aid notifications Commission Notice – Unlawful and incompatible State aid Communication from the Commission – Reference and discount rates, method, revision Commission Notice – Enforcement of State aid law by National courts Commission Notice – Simplified procedure for treatment of certain types of State aid Communication from the Commission – Code of Best Practice State aid control procedures Commission Notice 1 January 2014 – Notion of State aid pursuant to Article 107(1) TFEU 3.2. Public undertakings and services of general interest 3.2.1. Core legislation Treaty – Treaty on the functioning of the European Union (Consolidated version) (extract art. 14, 106) Charter – Charter of Fundamental Rights of the EU Protocol N° 26 – Services of general interest 3.2.2. Other documents Communication – Public undertakings in the manufacturing sector Com. Dir. 2006/111/EC 16 November 2006 – Transparency of financial relations between Member States and public undertakings Communication from the Commission – Services of general interest, including social services of general interest: a new European commitment Commission staff working paper 20 November 2007 – Services of general interest, including social services of general interest Communication 23 March 2011 – State aid rules on services of general economic interest, reform Commission staff working paper 23 March 2011 – State aid rules on Services of General Economic Interest since 2005 Commission Decision 20 December 2011 – Compensation granted to certain undertakings entrusted with the operation of SGEI Communication from the Commission – Compensation granted for the provision of services of general economic interest Communication from the Commission – European Union framework for State aid in the form of public service compensation Commission Regulation (EU) No 360/2012, 25 April 2012 – De minimis aid granted to undertakings providing SGEI Selected Case law I. Competition Law predominantly applicable to Undertakings (Articles 101-102 TFEU and Concentration Control) II. Competition Law predominantly applicable to Member States, public Undertakings, and Undertakings entrusted with special Rights or performing Services of general Economic Interest (Articles 106, 107, 108 TFEU) Bibliography List – Abbreviations Notice – Bibliography Forms Complaint form Articles 101 and 102 TFEU Commission Regulation (EC) N° 773/2004, 7 April 2004 – Conduct of proceedings by the Commission, art. 101 and 102 Treaty Inspection authorisation Commission Notice – Authorisation to conduct an inspection Notification forms Concentration control Commission Regulation (EC) N° 802/2004, 21 April 2004 – Form CO Commission Regulation (EC) N° 802/2004, 21 April 2004 – Short Form Commission Regulation (EC) N° 802/2004, 21 April 2004 – Form RS Commission Regulation (EC) N° 802/2004, 21 April 2004 – Form RM Model texts Concentration control Template 5 December 2013 – Model texts for divestiture commitments Template 5 December 2013 – Model texts for trustee mandates Forms State aid Complaint form State aid Commission Regulation (EC) N° 794/2004, 21 April 2004 – State aid complaint form (extract, annex) Notification forms State aid Commission Regulation (EC) N° 794/2004, 21 April 2004 – State aid, detailed rules, implementation Notification form regional aid Communication from the Commission – Regional aid for large investment projects Forms for the provision of summary information of Reg. (EU) n° 651/2014 Commission Regulation (EU) No 651/2014, 17 June 2014 – Information regarding state aid Commission Regulation (EU) No 651/2014, 17 June 2014 – Provisions of summary information under the reporting obligation laid down in the State Aid Block exemption regulation Public holidays 2014 and 2015 Commission Decision 21 December 2012 – Public holidays for 2014 for the institutions of the European Union Commission Decision 11 February 2014 – Public holidays for 2015 for the institutions of the European Union