Faull and Nikpay: The EU Law of Competition, 3rd Edition

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Faull and Nikpay: The EU Law of Competition, 3rd Edition

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- Gives a unique insider's view of EU competition law, written by current and former members of the Directorate General for Competition
- A practical reference tool that puts particular emphasis upon how law and policy apply in practice
- New chapter giving important analysis of the pharmaceutical industry which has developed significantly since publication of the second edition
- Expanded chapter on Communications to include the growth area, High Tech industries
This leading work provides a unique perspective on EU competition law, authored by current and former members of DG Competition, and giving insider knowledge into policies and their application.

Fully updated in this third edition, the work includes new material on industries of growing importance in the competition field including pharmaceuticals and High Tech. A new chapter on pharmaceuticals and health care gives analysis of the pharmaceuticals sector enquiry report, the ECJ judgment in GSK, the Servier investigation, and various mergers. Coverage of the developing High Tech industry is covered in an expanded chapter on Communications.

Other updating includes full coverage of the latest legislation, case law and guidance, giving competition lawyers a comprehensive commentary on recent developments. Discussion of key legislative developments looks at the R&D and Specialisation Block Exemption Regulations, the revised Verticals Block Exemption Regulation, and the Technology Transfer Block Exemption. Since the last edition of Faull and Nikpay, there has been a wealth of new guidance published which is fully covered in the third edition including Guidance on Hearing Officer procedures, Commission guidance on enforcement priorities for exclusionary conduct, non-horizontal mergers guidelines, Horizontal agreements guidelines, Verticals guidelines, and Commission Guidelines on Technology Transfer. Also, key recent cases covered in the new edition include Telefonica, Microsoft, Intel, Rambus, RWE, and GdF.

Readership: Practitioners dealing with competition (antitrust), business and EU law; competition and trade authorities; practitioners and regulators in key sectors such as telecommunications, financial services, intellectual property and transport; academics specialising in competition (antitrust), business and EU law; in each case, throughout Europe and worldwide.
1: Luc Peeperkorn and Vincent Verouden: The Economics of Competition
2: Eddy De Smijter and Ailsa Sinclair: The Enforcement System under Regulation 1/2003
3: Jonathan Faull, Ali Nikpay and Henning Leupold: Article 101
4: Miguel de la Mano, Hans Zenger and Renato Nazzini: Article 102
5: Thomas Deisenhofer, Claes Bengtsson and Jose Maria Carpi-Badia: Mergers
6: Jose Luis Buendia Sierra: Article 106 - Exclusive Rights and Other Anti-competitive State Measures
7: Donncadh Woods, Henning Leupold, Anna Emanuelson, and Francisco Enrique Gonzalez Diaz: Horizontal Agreements
8: Ewoud Sakkers, Jindrich Kloub and Antoine Colombani: Cartels
9: Luc Peeperkorn and Andrei Gurin: Vertical Agreements
10: Kevin Coates, Lars Kjoelbye and Luc Peeperkorn: Intellectual Property
11: Steve Ryan, Rita Wezenbeek and Silke Obst: Financial Services
12: Lars Kjoelbye and Celine Gauer: Energy
13: Kevin Coates, Sophie Moonen, Krzysztof Kuik, and Eduardo Martinez Rivero: Communications (Including High Tech Industries)
14: Linsey McCallum and Hubert De Broca: Transport
15: Henri Piffaut, Claire Micheau, Koen Van de Casteele, and Tim Maxian Rusche: State Aid
16: Dominik Schnichels, Elena Kamilarova and Harald Mische: Pharma
Edited by Jonathan Faull, Director General, Internal Market and Services, European Commission, and Ali Nikpay, Senior Director, Case Scrutiny and Competition Policy, Office of Fair Trading

Jonathan Faull joined the European Commission in 1978 after studying law at the University of Sussex and the College of Europe (Bruges). He worked in various positions in the Directorate General for Competition and was appointed Deputy Director General in 1999. From 1989 to 1992, he was a member of the Cabinet (private office) of Sir Leon (now Lord) Brittan. He was Commission Spokesman and Director General for Press and Communication (2000DS2003) and Director General for Justice, Freedom and Security (formerly Justice and Home Affairs) 2003DS2010. He is Professor of Law at the Vrije Universiteit Brussel and the College of Europe.

Ali Nikpay is a Senior Director at the Office of Fair Trading, London. He is responsible for cartels and criminal enforcement. In January 2011 he was also appointed as one of the two main Mergers Decision Makers. Prior to running the cartels division he was Senior Director for Policy. Before joing the Office of Fair Trading he worked at Clifford Chance and DG Comp and he co-edits "The EC Law of Competition", one of the leading texts in the field. He is also on the Editorial Boards of World Competition, and the European Competition Journal, and was a visiting Fellow at the London School of Economics.

Contributors:
Ailsa Sinclair - Administrator, European Competition Network
Henning Leupold - Case Handler, DG COMP
Miguel de la Mano - Acting Chief Economist, Competition Commission
Hans Zenger - Senior Consultant, Charles River Associates
Renato Nazzini - Partner, Labruna Mazziotti Segni
Thomas Deisenhofer - DG COMP
Claes Bengtsson - Deputy Head, Mergers Unit and Deputy Chief Economist, DG COMP
Jose Maria Carpi-Badia - DG COMP
Anna Emanuelson - Policy Analyst in Antitrust and Merger Policy and Scrutiny, DG COMP
Jindrich Kloub - Senior Case Handler, DG COMP
Antoine Colombani - Case Handler, DG COMP
Andrei Gurin - DG COMP
Silke Obst - Deputy Head of Unit, Financial Services
Celine Gauer - Head of Unit for Energy and Environment, DG COMP
Sophie Moonen - Deputy Head of Unit, Directorate C5
Krzysztof Kuik - Head of Unit, Directorate C2
Linsey McCallum - Acting Director and Head of Unit, Directorate C5
Hubert De Broca - Head of Unit, Directorate F1
Henri Piffaut - Head of Unit, Directorate E1
Claire Micheau - Case Handler in State Aid, DG COMP
Koen Van de Casteele - Deputy Head of Unit, DG COMP
Tim Maxian Rusche - European Commission
Elena Kamilarova - Case Handler - DG COMP
Harald Mische - Case Handler, Directorate E1
Review(s) from previous edition

"Faull & Nikpay is written entirely by officials working for the European Commission Competition Department and competition experts have bought copies to discover more about their thinking. The book is much better than that. Many using the book tell me how happy they are with it. In chapter after chapter the best articles in English are cited and more awareness of the economic analysis is demonstrated than in the European Commission's decisions. The development of the law is lucidly explained. This is the best book ... to consult. Not only are the rules and case law described, the reasons for the rules are explained. This feature should help practitioners to understand their likely future development. - Valentine Korah, Journal of World Competition

"... an essential guide for all practitioners and regulatory officials whose work touches upon EC competition/antitrust law and practice." - European Access

"The publication of this book is both timely and welcome...The book's extensive treatment of the substantive law...is well structured and is...fluent, coherent and accurate...All in all, this is a fine book and will, no doubt, become established as one of the "must have" texts for practitioners and academics alike." - Peter Kunzlik Nottingham Law Journal Vol 9(2)

"rather elegant and excellently written." - European Voice, 21st Sept. 2000.

"The EC Law of Competition should be at the right hand of every counsellor." - Professor Barry E. Hawk, Skadden, Arps, Meagher and Flom LLP; Director, Fordham Corporate Law Institute

"The in-depth working knowledge that the authors possess makes this an unique work. It is likely to become the new standard reference for EC competition law." - Christopher Bright, Clifford Chance

"...this book provides a concise description of the case law and the administrative practice and explains the rationale behind the law. It contains an in-depth analysis of specific sectors of the economy such as financial services, communications, energy and transport." - European Counsel, February 2000

"...an excellent complementary volume to Bellamy & Child. ...[I]t is well worth the investment and will be consulted frequently by anyone seriously dealing with EC competition law." - European Journal of Law Reform