EU & UK Competition Law

Description

EU and UK Competition Law is the perfect companion to your study of competition law. Written by a leading expert in the field, this new edition has been fully updated with all the latest developments in this rapidly moving subject area. It also includes expanded coverage of cartels within a dedicated chapter. Full coverage of the UK cartel offence, and merger control in both the EU and UK ensures this text maps fully to the syllabus of competition law modules. Cover Contents Preface Tables of equivalences Guided tour Acknowledgements Table of cases Table of European legislation Table of UK legislation Table of US legislation Table of international agreements Chapter 1 Introduction to competition law and policy Chapter outline Introduction Objectives of competition law and policy The institutions of competition law in the EU and UK The relationship between EU and UK competition law Summary Further reading Chapter 2 The prohibition on anti-competitive agreements Chapter outline Introduction Article 101 TFEU: preliminary issues The concept of an undertaking Agreements, decisions by associations of undertakings and concerted practices Restrictions on competition Individual exemptions Summary Further reading Chapter 3 Abuse of a dominant position: introduction and pricing abuses Chapter outline Introduction Article 102 TFEU: market definition and dominance Abuse: introduction Objective justification and efficiency Excessive pricing Low or predatory pricing Selective low pricing Margin squeeze Summary Further reading Chapter 4 Abuse of a dominant position: exclusive dealing andnon-pricing abuses Chapter outline Introduction Exclusive dealing, price discrimination, discounts and rebates US law on exclusive dealing and discounts Tying and bundling 39 US law on tying Refusals to supply and essential facilities UK cases on refusal to supply US law on refusal to supply and essential facilities Conclusions Summary Further reading Chapter 5 Public enforcement of competition law Chapter outline Introduction European Commission procedures 9 Judicial review of European Commission decisions Human rights and EU enforcement procedures Allocation of cases between the European Commission and national competition authorities 96 Enforcement in the united Kingdom by the OFT 106 Judicial review of OFT decisions by the Competition Appeal Tribunal Summary Further reading Chapter 6 Private enforcement of competition law Chapter outline Introduction Using competition law as a defence Competition law as the basis for an action Conditions for liability Follow-on actions Conclusions on private enforcement Summary Further reading Chapter 7 Competition law and the state Chapter outline Introduction State actions contrary to Articles 101 and 102 TFEU Article 106 TFEU State aids Summary Further reading Chapter 8 The control of cartels Chapter outline Introduction Economic issues surrounding cartels Legal issues in the control of cartels Enforcement in the EU and UK Summary Further reading Chapter 9 Horizontal cooperation arrangements Chapter outline Introduction European Commission Guidelines on horizontal cooperation agreements Summary Further reading Chapter 10 The control of oligopolies Chapter outline The economic problem: the prisoner’s dilemma The legal problem Alternative devices to investigate oligopolistic markets Conclusions Summary Further reading Chapter 11 Distribution agreements Chapter outline Introduction Economic issues in relation to vertical agreements The approach to vertical agreements under Article 101(1) TFEU Vertical agreements with the object of restricting competition: absolute territorial protection and export bans Agreements which have the effect of restricting competition The block exemption on vertical agreements 103 Treatment of vertical agreements under UK law Conclusions Summary Further reading Chapter 12 Intellectual property and competition law Chapter outline Introduction what are IPRs? IPRs and European union law The Technology Transfer Block Exemption Regulation 35 Agreements outside the TTBER Intellectual property and Article 102 TFEU Summary Further reading Chapter 13 Merger control in the EU Chapter outline Introduction Types of merger and the potential problems they cause for competition law The control of mergers by the European Commission Conclusions Summary Further reading Chapter 14 Merger control in the UK1 Chapter outline Introduction Jurisdiction The role of the OFT in controlling mergers in the UK The role of the Competition Commission in controlling mergers in the UK Review of OFT and CC decisions by the Competition Appeal Tribunal Conclusions on the UK Summary Further reading Chapter 15 Competition law and energy and telecommunications Chapter outline Introduction Economic policy issues The energy industries Telecommunications 85 Conclusions Summary Further reading Chapter 16 The international dimensions of competition law Chapter outline Introduction Public international law 5 US antitrust law 6 Extraterritorial application of EU law 19 Extraterritorial application of UK law Bilateral relations between the EU and the US Multilateral cooperation Conclusions Summary Further reading Appendix: Competition law on the Web Glossary of economic terms Index