Sourcebook on EU Competition Law

✍ Scribed by Anne-Marie Van den Bossche; Paul Nihoul; Christophe Verdure; Jacques Derenne

• Year: 2015
• Tongue: English
• Leaves: 3622
• Category: Library

✦ Table of Contents

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