Details
This is the second edition of a key analytical commentary on the competition procedures of the EC, written by a distinguished editor and contributor team with extensive experience in the area.
It provides the reader with an exhaustive account of the relevant rules, which includes a completely revised and updated analysis of antitrust procedure in the wake of the modernization of EU competition law. The reader is given a detailed discussion of the Commission's package of regulations and guidelines and their interaction in practice, in a field where new rules have caused a major change and the need for practitioners to reorientate themselves.
The section on antitrust rules will be complemented by new sections on procedures for public undertakings, merger control, and state aid.
As a practical guide to procedure it focuses upon the implementation of the regulatory framework by the Commission and the relevant case law of the European Courts. It will prove an indispensable source of guidance for all practitioners involved in competition proceedings before the European Commission and national competition authorities.
- A fresh and detailed new perspective on this vital subject for specialists in the competition law field
- Coverage extends beyond procedures in respect of Article 81 and 82 to practice and procedure in respect of mergers, state aid, public undertakings and EEA matters
- Reliable and easy-to-consult source of information written by experts familiar with the practical aspects of the relevant procedures
- Exhaustive coverage of the case-law and doctrine and user-friendly layout and format
- Clear and concise language makes it accessible to experts and non-experts alike
- New to this edition:-
- New coverage of Merger Control Procedure, Procedure for Public Undertakings, and State Aid Procedure
PART ONE: ANTITRUST RULES (Articles 81 and 82 EC)Luis Ortiz Blanco and Konstantin Joergens:1 The Institutional Framework2 The Organization of Proceedings3 Opening of the File4 Informal Guidance5 Investigation of Cases (I): Leniency Policy6 Investigation of Cases (II): Formal Investigative measures, in general. Interviews and Requests for Information7 Investigation of Cases (III): Inspections8 Investigation of Cases (IV): Penalties, Confidentiality9 Infringement Procedures10 Infringement Decisions and Penalties11 Rejection of Complaints12 Finding of Inapplicability13 Voluntary Adjustments, Commitments and Conclusion of the Procedure without a Formal Decision14 Special Procedures15 Steps following the Adoption of a Formal DecisionPART TWO: MERGER CONTROL (Regulation No 139/2004)Marcos Araujo Boyd:16 The Concentration Control Procedure17 Scope of Application: Concentrations with a Community Dimension18 Notification19 The Initial Stage20 Second Stage Proceedings21 Legal Review of Decisions Adopted Under Regulation 139/2004PART THREE: PUBLIC UNDERTAKINGS (Article 86 EC)José Luis Buendía Sierra:22 Institutional and Procedural Questions - Article 86(3) of the EC TreatyPART FOUR: STATE AID (Articles 87 and 88 EC)Jean-Paul Keppenne:23 Procedural Questions Bound up with the Qualification of Measures as State Aid24 Control of State Aid Compatibility25 Procedure for Existing Aid Schemes26 Remedies if Any of the Commission's Decisions are Breached27 The Council´s Decision-Taking Powers28 A Posteriori Control by the Commission29 Block Exemption RegulationsPART FIVE: EUROPEAN ECONOMIC AREA COMPETITION PROCEDUREKieron Beal:30 Introduction to the EEA Agreement31 The Substantive Competition Rules of the EEA Agreement32 The Procedure for the Application of the EEA Antitrust Rules33 Practical Procedure Aspects in EEA Antitrust CasesAPPENDICES1-15 Legislation, Commission Documents, Table of Fines.16-21 Legislation, Commission Documents22 European Commission XXVth Report On Competition Policy [1995]23-29 Legislation, Commission Documents30-33 EEA Agreement as amended by the EEA Enlargement Agreement, and Annex XIV
