An Introduction to Competition Law

✍ Scribed by Piet Jan Slot; Martin Farley

• Publisher: Hart Publishing
• Year: 2017
• Tongue: English
• Leaves: 415
• Category: Library

✦ Synopsis

This book is intended to serve as a first acquaintance with competition law. The book aims to reach a broad range of readers: students, teachers in further and higher education, officials and practising lawyers who are not usually faced with competition law issues in their working lives. This second edition has been fully updated in the light of the latest developments. It covers both EU and UK competition law along with an introduction to the EU rules on State Aid. An important function of this book is to provide an insight into the combined system of EU and UK competition law. Therefore, a broad range of examples have been provided for the three main subjects—the prohibition of cartels, the prohibition of the abuse of a position of dominance and the supervision of concentrations (ie mergers and acquisitions). Those examples are drawn from European and UK practice. This greatly enhances the explanation of the general principles, taking into account recent legislative and judicial developments.

✦ Table of Contents

Foreword
Preface
Contents
Table of Cases
Table of Legislation
1
Introduction to Competition Law
1.1 The Economic Background to Competition Law
1.2 The Function(s) of Competition Law
1.3 The Market
1.4 Competition Law and the Economic Theory of Regulation
1.5 Various Systems of Competition Law
1.6 The Renumbering of the TFEU by the Lisbon Treaty
2
The Basic Structure of Competition Law
2.1 Some Key Concepts in the Application of Competition Law
2.2 The Combined System of UK and European Competition Law
2.3 The Scope of Application of Competition Law
3
The Prohibition of Anti-competitive Agreements
3.1 Introduction
3.2 The Prohibition of Cartels
3.3 Voidness
3.4 Block Exemptions
3.5 Other Exceptions from Article 101(1) TFEU and the Chapter I Prohibition
3.6 Some Important Types of Anti-competitive Agreements
4
The Prohibition of the Abuse of Positions of Dominance
4.1 Introduction
4.2 The Prohibition of the Abuse of a Dominant Position
5
Control of Concentrations
5.1 Introduction
5.2 The Key Elements of the EU Merger Regulation
5.3 Merger Control in the UK System
6
The Application and Enforcement of Competition Law
6.1 Introduction
6.2 The Application of Competition Law by the Courts4
6.3 Competition Procedure and Enforcement under UK Law15
6.4 Enforcement of EU Competition Law97
6.5 Leniency Policy
6.6 Private Actions for Damages143
6.7 Rights of the Defence
6.8 Judicial Protection in EU Competition Law
6.9 Division of Competence and Cooperation Between the Commission and the National Competition Authorities
7
Competition Law and the State
7.1 Introduction
7.2 The Rules for Public Undertakings and Undertakings with Exclusive or Special Rights
7.3 The Norm of Article 4(3) TEU and Articles 101 or 102 TFEU67
7.4 How to Assess Mixed Situations?
7.5 EU State Aid Law: A General Introduction
8
The International Dimensions of Competition Law
8.1 Introduction
8.2 The Geographic Scope of Application of EU and UK Competition Law
8.3 International Cooperation
8.4 International Agreements
8.5 Relevant Concepts
9
Epilogue: A Brief Overview of the Development of EU Competition Law
9.1 Introduction
9.2 The Early and Formative Years 1958-1989
9.3 1989-2004: A Period of Consolidation
9.4 Accession of the New Member States and the Enactment of Regulation 1/2003 on 1 May 2004
9.5 Since 1 December 2009 We Have Articles 101 and 102 TFEU, Arbitration and Human Rights
9.6 Conclusions
Index