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Vol 21 No 11 Nov/Dec 2016

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Competition Law: European Community Practice and Procedure

Edited by: Dr Günther Hirsch, Dr Frank Montag, Prof Dr Franz Jürgen Säcker

ISBN13: 9780421950108
Published: December 2007
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £550.00



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Competition Law: European Community Practice and Procedure is a comprehensive work analysing, article-by-article, the main body of EU competition rules. The uniform application of competition laws in all EU member states makes this area of law particularly suitable for converging formerly different traditions in legal literature. To help make sure that you make your agreements in line with the latest rules and regulations it considers each piece of legislation article-by-article, interpreting the relevant judgments of the courts and decisions of public authorities.

This new edition is the English version of a German-language work from the same General Editors as the well-known German series of Münchner Kommentare ("Munich Commentaries"). It contains an article-by-article commentary of the main legal texts in European competition law. Articles 81-86 EC, as well as the provisions of Reg. 1 / 2003 and the EC merger regulation are commented upon individually. Every section includes an explanation of the law in its historic and systematic context and includes extensive references to the decisions and practice of the European Commission and the EU Courts. The book starts with an introductory section covering the basic principles and concepts as well as the economics of EU competition law. Dedicated sections on the Leniency notice, on international and foreign merger control and on the European Courts Procedure complete this unique work.

To help you avoid unfair practices Competition Law: European Community Practice and Procedure takes you from the basic concepts of competition law and its economic foundations right through to more complex issues surrounding the precise wording, interpretation and application of EC competition rules in various industries - agriculture, energy, telecommunications and transport sectors are all covered. The Editors are Professor Dr Günter Hirsch, President of the Federal Supreme Court and former judge at the ECJ; Dr Frank Montag, a partner in Freshfields Bruckhaus Deringer in Brussels and chairman of Studienvereinigung Kartellrecht; and Professor Dr Dr Dr Franz-Jürqen Säcker, Free University of Berlin.

All chapters are written by distinguished experts in their respective areas. The authors are mainly German lawyers and economists, who work in the area of EU competition law with a focus on its international context. The group of contributors includes competition law judges, EU Commission officials, law professors, economics professors and competition lawyers in private practice.

Most of the contributions have been written in or translated to English by their respective authors; others have been translated by professional translators. Consultant Editors Philip Marsden and Rob Murray have ensured that the English text meets the highest standard of quality and relevance to the English-speaking EU competition law community both in terms of substance and language.

Subjects:
Competition Law
Contents:
Part 1: Common basic principles and fundamental terms of the competition law
Basic Principles
The Meaning of the Fundamental Freedoms and the Fundamental Rights for European Competition Law
Centralised and decentralised application of EC competition law in relation to national law
Application of the European Competition Law in the EEA
International aspects (WTD, DECD, ICN)
Agreements between the EC and third countries
Material Scope of the Antitrust Law
Economic principles of competition law
Economic analysis of the concept of "significant impediments to effective competition"
The Concept of the Undertaking
Relevant market

Part 2: Articles 81-86 of the EEC Treaty and Block Exemption Regulations
Article 81 EEC-Treaty
Council Regulations on the application of Article 81 (3)
EEC-Treaty to certain categories of agreements
Article 82 EEC-Treaty: Abuse of dominant positions
Articles 83-85 EEC-Treaty
Article 86 EEC-Treaty: Public-sector undertakings
Applicability of the European competition law in Special Sectors
Competition legal proceeding
Merger Control Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation)
International and foreign merger control

Part 3: Applicability of the European competition law to special areas

Part 4: Council Regulation No.112003 on the implementation of the rules on competition laid down in Articles 81 and 8.2 of the Treaty

Part 5: Merger Control Regulation

Part 6: European Court procedures (CFI and ECJ)