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McMeel on the Construction of Contracts: Interpretation, Implication and Rectification

Gerard McMeel
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Cases and Materials on EC Competition Law 3rd ed isbn 9781841136448

Cases and Materials on EC Competition Law 2nd ed

Valentine Korah

ISBN13: 9781841133003
ISBN: 1841133000
New Edition ISBN: 9781841136448
Published: January 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print





Out Of Print
The bulk of this text is made up of extracts from Commission Decisions, Opinions of the Advocates General at the ECJ, and judgments of the ECJ and CFI. These are supplemented by extracts from EC legislation with comments and notes. It is a companion text to Korah's ""Introductory Guide to EC Competition Law and Practice"". It is intended for law students and practitioners seeking a succinct compilation of cases and other materials, accompanied by the author's observations and analysis.

Contents:
Part 1 Introduction and Article 81: introduction; dual application of Community and national competition law; analysis of Article 81; may affect trade between member states; not all restrictions of conduct restricted competition; object of restricting competition.
Part 2 Exemptions and nullity: introduction.
Part 3 Abuse of a dominant position: introduction; Europemballage Corporation and Continental Can Co. Inc. v. Commission; United Brands C and United Brands Continental BV v. Commission; Hoffmann-La Roche v. Commission (vitamins); notice on market definition; Nederlandsche Banden-Industrie Michelin NV v. Commission; CBEM v. CLT IPB (telemarketing); AKZO Chemi BV v. Commission; dominant position over a linked sector, predation and tying; discrimination; joint dominant position; refusal to licence; Volvo AB V. Erik Veng (UK) Ltd; Radio Telefis Eireann v Commission (Magill); refusal to supply; unfair pricing; Ministere Public V. Jean Louis Tournier and Jean Verney (SACEM).
Part 4 Government measures: Article 10 in combination with the rules for free movement and competition; Article 86 in combination with the rules for free movement and competition; Clear Communications v. Telecom Corporation of New Zealand.
Part 5 Enforcement under Regulation 17: proposal to replace Regulation 17; fines.
Part 6 Civil law sanctions: the direct effect of Articles 81 and 82; the enforcement of contracts that may infringe Article 81; effect of comfort letters; Stergios Delimitis v. Henninger Brau; Re Film Purchasers by German TV stations (ARD); Automec Srl v. Commission.
Part 7 Classes of agreements clearly prohibited: horizontal cartels; dyestuffs (re cartel in aniline dyes); ICI v. Commission (dyestuffs); re the European sugar cartel - Cooperative Vereniging ""Suiker Unie"" UA v. Commission; Soda Ash, Solvay/ICI; re wood pulp cartel - A. Ahlstrom Oy and others v. Commission (woodpulp II); Marc van der Woude; pre-insulated pipe carte; collusion will not be inferred from parallel conduct unless it does not make commercial sense otherwise; Ministere Public v. Jean Louis Tournier and Jean Verney (SACEM); agreements to exchange detailed information about parallel imports and amounts sold; seventh report on competition policy; UK agricultural tractor registration exchange; Fiatagri UK and New Holland Ford Ltd v. Commission; Cartonboard.
Part 8 Distribution agreements: introduction; franchising and ancillary restraints; market analysis - single branding; agency; Regulation 2790/99; commission guidelines on vertical restraints.
Part 9 Intellectual property rights and the principle of free movement of goods: introduction; exhaustion of patent rights; Centrafarm BV and de Pejiper V. Sterling Drug Inc.; cases on trade marks; rights other than in reputation; Derek Ridyard and David Lewis ""parallel trade in patented medicines - economics in defence of market segmentation""; Trade Mark Directive 7; nera competition brief 14 - ""Silhouette"". (Part contents).