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An Introduction to EU Competition Law

An Introduction to EU Competition Law

Author: Dr Moritz Lorenz
Publisher: Cambridge University Press
ISBN: 9781107672611
Published In: April 2013
Format: Paperback , 424 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Succinct and concise, this textbook covers all the procedural and substantive aspects of EU competition law. It explores primary and secondary law through the prism of ECJ case law. Abuse of a dominant position and merger control are discussed and a separate chapter on cartels ensures the student receives the broadest possible perspective on the subject. In addition, the book's consistent structure aids understanding: section summaries underline key principles, questions reinforce learning and essay discussion topics encourage further exploration. By setting out the economic principles which underpin the subject, the author allows the student to engage with the complexity of competition law with confidence. Integrated examples and an uncluttered writing style make this required reading for all students of the subject.

• Concise yet covers all substantive and procedural aspects

• Section conclusions, questions and suggested discussion topics ensure the students' engagement

• Emphasis on the economic principles underpinning the subject allows for a full understanding

• Worked examples combine with an uncluttered writing style to guarantee accessibility

Table of Cases	viii
Table of Statutes	xxx
Preface	xxxix
1 Economic and legal foundations of EU competition law	1
A The idea of competition	1
1 The benefits of competition	1
2 The economic principles of competition	3
3 The benchmark of perfect competition	5
4 Monopoly – the other extreme	9
5 Oligopolistic competition	13
6 The competitive benchmark underlying EU competition law and the concept of effective competition	21
7 The limitations of the market mechanism	23
B The legal foundations of EU competition law	27
1 The goal of competitive markets	27
2 The goal of market integration	28
3 Sources of EU competition law	29
4 The Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms	34
5 Scope of application of EU competition law	36
6 International applicability	39
7 The relationship between EU and national competition law	42
8 Enforcement	45
Questions on Chapter 1	60
Suggested essay topics	61
2 Key concepts of Article 101 TFEU	62
1 The scheme of Article 101 TFEU	62
2 Undertaking	66
3 Agreements, decisions and concerted practices	75
4 The object or effect of preventing, restricting or distorting competition	90
5 The examples of collusion listed in Article 101(1) TFEU	105
6 Effect on trade between Member States	111
7 De minimis doctrine	113
8 Article 101(2) TFEU – nullity of the agreement	114
9 Article 101(3) TFEU – legal exception	118
Questions on Chapter 2	126
Suggested essay topics	127
3 Possibilities for cooperation under Article 101 TFEU	128
1 Introduction	128
2 Horizontal agreements	129
3 Information exchange	135
4 R&D agreements	138
5 Specialisation agreements	146
6 Production agreements	149
7 Purchasing agreements	151
8 Commercialisation agreements	153
9 Standardisation agreements	155
10 Vertical agreements	158
11 Technology transfer agreements	178
Questions on Chapter 3	186
Suggested essay topics	187
4 Article 102 TFEU – abuse of a dominant position	188
1 Introduction	188
2 Elements of article 102 TFEU	189
3 Undertaking	190
4 Effects on inter-state trade	192
5 Dominant position	194
6 Substantial part of the internal market	212
7 Concept of abuse	213
8 Defences	216
9 Exploitative abuses	221
10 Exclusionary abuses	224
Questions on Chapter 4	241
Suggested essay topics	241
5 Merger control	242
1 Introduction	242
2 Jurisdictional scope	244
3 Relationship between EU and national merger control	256
4 Substantive appraisal	261
5 Ancillary restraints	293
6 Procedural aspects	294
7 Commitments	300
8 Investigative powers	302
9 Judicial review	303
Questions on Chapter 5	307
Suggested essay topics	308
6 Cartels	309
1 Introduction	309
2 Cartel prohibition under article 101 TFEU	312
3 Sanctions	331
4 Judicial review	345
5 Leniency notice	352
6 Private enforcement	361
7 Procedural aspects	367
Questions on Chapter 6	376
Suggested essay topics	377
Index	378