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Vol 21 No 11 Nov/Dec 2016

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A new edition is due, details can be seen here:
State Intervention and EU Competition Law 2nd ed isbn 9780199691944

Exclusive Rights and State Monopolies Under EC Law

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ISBN13: 9780198298205
ISBN: 019829820X
New Edition ISBN: 9780199691944
Published: January 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £215.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The understanding of Article 86 (formerly Article 90) of the EC Treaty is vital to any competition lawyer working in Europe. Writing with first-hand experience of dealing with Article 86 cases at DG IV, the author provides the first such detailed examination of this Article and the law concerning exclusive rights and State monopolies.

Clearly written, with penetrating analysis of the relevant case-law, this study pays attention to all the key areas including: the definition of 'exclusive rights' and 'economic activities', the remedial possibilities offered by the often neglected Article 31(formerly Article 37), the application of Article 86(1) in conjunction with the competition rules (Article 82 (formerly Article 86)), proportionality in the context of Article 86(2) and decisions and directives under Article 86(3) and their relationship with harmonization directives.

With practical insights and intelligent solutions to many of the problems posed by the applications of these rules, Exclusive Rights and State Monopolies under EC Law will become an indispensible work for all practitioners in this field.

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Subjects:
Competition Law
Contents:
Table of Cases
Table of Acts of the Community Institutions
Table of equivalences following the Treaty of Amsterdam
List of Abbreviations
PART I: THE CONCEPT OF EXCLUSIVE RIGHTS AND ITS DIFFERENTIATION FROM OTHER RELATED CONCEPTS
1. The concept of exclusive rights
I. DEFINING THE CONCEPT
II. EXCLUSIVITY
III. THE GRANT OF THE EXCLUSIVE RIGHT AS A STATE MEASURE
IV. THE GRANT TO AN UNDERTAKING, PUBLIC OR PRIVATE
V. THE OBJECT OF THE EXCLUSIVE RIGHT: THE CARRYING OUT OF AN ECONOMIC ACTIVITY
VI. CLASSES OF EXCLUSIVE RIGHTS
2. Differentiation between exclusive rights and other related concepts
I. SPECIAL RIGHTS
II. REGULATED ACCESS ACTIVITIES
III. INTELLECTUAL PROPERTY RIGHTS
PART II: THE SUBSTANTIVE LAW OF EXCLUSIVE RIGHTS IN THE EC TREATY
3. Article 31 (formerly Article 37) of the EC Treaty and State monopolies of a commercial character
I. CONCEPT OF STATE MONOPOLIES OF A COMMERCIAL CHARACTER
II. OBLIGATIONS UNDER ARTICLE 31
4. Article 86(1) (formerly 90(1)) of the EC Treaty
I. WHO THE PROVISION IS ADDRESSED TO
II. SUBSTANTIVE CONTENT OF THE PROVISION
III. STATE MEASURES
IV. CONNECTION OF THE STATE MEASURE WITH PUBLIC OR PRIVILEGED UNDERTAKINGS
V. CONTRARY TO OTHER TREATY
VI. DIRECT EFFECT
VII. SCOPE OF TEMPORARY APPLICATION
VIII. SIMILAR RULES CONTAINED IN AGREEMENTS WITH THIRD COUNTRIES
5. Article 86(1) (formerly Article (90(1)) in conjunction with the Treaty rules addressed to undertakings
I. APPLICATION IN CONJUNCTION WITH ARTICLE 82 (FORMERLY ARTICLE 86)
II. APPLICATION IN COMBINATION WITH ARTICLE 81 (FORMERLY ARTICLE 85)
6. Article 86(1) (formerly Article 90(1)) in conjunction with the Treaty rules addressed to Member States
I. THE DUAL LEGAL NATURE OF ARTICLE 86(1) IN CONJUNCTION WITH THE TREATY RULES ADDRESSED TO MEMBER STATES
II. APPLICATION IN CONJUNCTION WITH THE RULES RELATING TO THE FREE MOVEMENT OF GOODS
III. APPLICATION IN COMBINATION WITH RULES GOVERNING THE FREE PROVISION OF SERVICES
IV. APPLICATION IN CONJUNCTION WITH REGULATIONS ON THE FREEDOM OF ESTABLISHMENT
7. The connection between the different Community provisions applicable to exclusive rights
I. PRINCIPLES OF CONNECTION IN COMMUNITY LAW
II. THE RELATIONSHIP BETWEEN ARTICLES 31 (FORMERLY ARTICLE 37) AND 86 (FORMERLY ARTICLE 90)
III. THE RELATIONSHIP BETWEEN ARTICLES 86, 31, AND THE FUNDAMENTAL FREEDOMS
IV. THE RELATIONSHIP BETWEEN ARTICLES 86 AND 31 AND ARTICLES 3, 10, 81, AND 82
8. The exception contained in Article 86(2) (formerly Article 90(2)) of the EC Treaty
I. THE UNDERTAKINGS TO WHICH ARTICLE 86(2) APPLIES
II. ARTICLE 86(2): AN EXCEPTION APPLICABLE TO THE BEHAVIOUR OF UNDERTAKINGS AND TO STATE MEASURES
III. THE CONDITIONS NECESSARY FOR THE APPLICATION OF ARTICLE 86(2)
IV. INVOKING ARTICLE 86(2) BY THE MEMBER STATE OR BY THE BENEFICIARY UNDERTAKING
V. CONNECTION BETWEEN ARTICLE 86(2) AND THE OTHER EXCEPTIONS
9. The selection of the identity of the monopolist and Article 43 (formerly Article 52) of the EC Treaty
I. OBLIGA