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EU Competition Law

Paperback Engels 2023 9789462513013
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European Union Competition Law is a comprehensive textbook covering all major aspects of this intriguing part of Union law. Prepared by a group of distinguished specialists from European universities, the book sheds light on the various pillars of EU competition law that prevent unlawful restrictions of competition within the internal market. The focus is on anti-competitive agreements, abuses of a dominant position, mergers and state aid measures. Both substantive and procedural issues are covered,

including not only public but also private enforcement. In addition, introductory chapters allow readers to immerse themselves in general concepts of EU competition law. Moreover, where appropriate, the book refers to competition policy and ongoing developments.

To ensure it is user-friendly, each chapter provides a basic discussion in the main text, while additional detailed explanations are included in the footnotes where their inclusion in the main text might obscure a common thread of thought. This means that the book can be used by those who are beginning to explore the intricacies of competition law as well as by more advanced readers looking for in-depth explanations, alternative opinions, special data, etc. A detailed table of contents helps readers navigate the chapters. Moreover, the book contains the tables of relevant hard law, case law and soft law, and the index.


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Table of Contents
Acronyms and Abbreviations

1 Introduction to Competition Law - Pieter Van Cleynenbreugel, Jose Caramelo Gomes & Noemia Bessa Vilela
1 What is Competition Law?
2 Why Competition Law? Revisiting Basic Economics
2.1 Finding an Appropriate Resource Distribution System
2.2 Legal Rules to Approach Perfect Competition as Closely as Possible
3 The Historical Origins of Competition Law
3.1 Roman Law Origins
3.2 Common Law Origins
3.3 United States’ Antitrust Law
3.4 European Initiatives
4 A Legal Framework Grounded in Economic Concepts
4.1 Key Economic Concepts
4.2 Key Guiding Policy Principles Shaping the Background of Competition Law

2 The Concept of Undertaking - Denis Baghrizabehi
1 Introduction
2 Economic Activity
3 Non-Economic Activities
3.1 The Exercise of Public Power
3.2 Solidarity-Based Activities
3.3 The Lack of For-profit Motive
3.4 Purchasing and ‘Mixed’ Activities
4 The Single Economic Entity Doctrine
4.1 Single Economic Entity
4.2 Effects of the Existence of Single Economic Unit on the Application of Articles 101 and 102 TFEU
5 Conclusion

3 The Relevant Market - Viktoria H.S.E. Robertson
1 Introduction
2 The Relevant Market as a Prerequisite for the Legal Assessment
2.1 Delineating the Relevant Product Market
2.2 Delineating the Relevant Geographic Market
2.3 Issues of Particular Relevance for the Relevant Market
3 The Continued Significance of Market Definition

4 Business Coordination - Pieter Van Cleynenbreugel
1 Introduction
2 Restrictive Business Coordination Practices Targeted by Article 101(1) TFEU
2.1 Two or More Undertakings
2.2 Agreements, Decisions by Associations of Undertakings and Concerted Practices
2.3 Having Effect within the Internal Market and on Trade Between Member States
2.4 Restrictions of Competition by Object or by Effect
3 Legal Consequences of Illegal Business Coordination: Article 101(2) TFEU and Beyond
3.1 Direct Effect of Articles 101(1) and (2) TFEU
3.2 Voidness of Agreements and Decisions as Treaty-Included Civil Law Remedy
4 Exemption Possibilities in Light of Article 101(3) TFEU
4.1 Individual Exceptions: Article 101(3) TFEU
4.2 General Exemptions: Vertical and Horizontal Block Exemption Regulations
4.3 Additional Sector-Specific Exemptions

5 Abuse of a Dominant Position - Martina Repas & Sandra Fišer Šobot
1 Introduction
1.1 The Relationship Between Article 102 and Article 101 TFEU
1.2 The Objective Justification Approach
1.3 The Effects-Based Approach
2 Elements of Article 102 TFEU
2.1 Undertaking
2.2 Dominant Position
2.3 Substantial Part of the Internal Market
2.4 Effect on Trade Between Member States
2.5 Abuse of a Dominant Position: General Remark
3 Conducts Which Can Be Abuse: Abusive Practices
3.1 General
3.2 The Types of Abuses of Dominant Position

6 Public Enforcement of Antitrust Rules: Antitrust Procedure - Pieter Van Cleynenbreugel
1 Introduction
2 Public Enforcement by the European Commission
2.1 Start of the Investigations and Opening of the Procedure
2.2 European Commission’s Powers of Investigation
2.3 Adoption of Decisions
2.4 Fines and Periodic Penalty Payments
3 Public Enforcement by Member States’ Authorities and Courts
3.1 Obligation to Apply the Supranational Antitrust Law
3.2 Parallel Application with National Competition Law
3.3 Coordination Mechanisms Put in Place at the Supranational Level

7 Private Enforcement of Antitrust Rules - Nataša Samec Berghaus, Stefan Krenn & Klemen Drnovšek
1 Introduction
2 Origins of Private Enforcement of Antitrust Rules
3 Reasons for Special Regulation of Private Enforcement of Competition Law
4 Directive on Antitrust Damages Actions
4.1 Legal Standing and the Right to Full Compensation
4.2 Principles of Effectiveness and Equivalence
4.3 Disclosure of Evidence
4.3 Binding Effect of National Competition Authority Decisions
4.4 Statutes of Limitation
4.5 Joint and Several Liability
4.6 Passing on Defence
4.7 Special Rules Regarding Causation and Quantification of Harm

8 Concentrations Between Undertakings - Sandra Fišer Šobot & Martina Repas
1 Introduction
2 Legislative Sources
3 Types of Concentrations Between Undertakings 310
4 The Conditions for the EUMR’s Application 311
4.1 General 311
4.2 The Notion of Concentration Between Undertakings
4.3 Concentrations Between Undertakings Having the Supranational Dimension
4.4 Reallocation of Jurisdiction – Referrals
5 Substantive Appraisal of a Concentration Between Undertakings
5.1 General
5.2 The Substantive Test for Assessment of Concentration Between Undertakings
5.3 Analysis of Effects of a Concentration
5.4 Countervailing Factors
5.5 Side Agreements (Ancillary Restraints)
6 The Procedural Aspects
6.1 Pre-Notification Phase and Notification of Concentration
6.2 Suspension of Concentration Between Undertakings
6.3 Investigation
7 Commitments and Remedies
7.1 General
7.2 Divestiture
7.3 Removal of Link With Competitors
7.4 Other Remedies
7.5 Timeframe

9 Anti-Competitive Measures of Member States: General Observations on Market Intervention - Aleš Fercic & Tatjana Jovanic
1 Introduction
2 General Member States’ Obligation of Sincere Cooperation
3 Member States’ Obligations in Relation to Public and Privileged Undertakings under Article 106(1) TFEU: General Observations
3.1 Public Undertaking
3.2 Privileged Undertaking
3.3 Anti-Competitive Public Measures: Introduction
3.4 Anti-Competitive Public Measures: Indirect Application of Articles 101 and 102 TFEU 382
4 Exceptional Non-Application of Supranational Competition Rules to Operation of Services of General Economic Interest Under Article 106(2) TFEU
4.1 General Observations on Article 106(2) TFEU
4.2 Elements of Article 106(2) TFEU
5 Application of Article 106(1) TFEU and Article 106(2) TFEU
6 Non-competition Internal Market Rules Which Can Affect Market Competition
6.1 State Monopolies of Commercial Character
6.2 The Key Principles in Granting Exclusive or Special Rights in the Context of Free Movement Rules

10 Anti-Competitive Measures of Member States: State Aid - Aleš Fercic
1 Introduction
2 The Supranational State Aid Rules, Their Scope of Application and Relationship with Other Rules
3 The Notion of State Aid
3.1 The Member State Origin
3.2 The Aid
3.3 Selectivity
3.4 Distortion of Internal Market Competition
3.5 Effect on Trade Between Member States
4 Exceptional Compatibility of State Aid with the Internal Market
4.1 Exceptional Compatibility of State Aid with the Internal Market: Article 107(2) TFEU
4.2 Exceptional Compatibility of State Aid with the Internal Market: Article 107(3) TFEU
4.3 Exceptional Compatibility of State Aid with the Internal Market: Article 106(2) TFEU
4.4 Exceptional Compatibility of State Aid with the Internal Market: Article 42 TFEU
4.5 Exceptional Compatibility of State Aid with the Internal Market: Article 93 TFEU
4.6 Exceptional Compatibility of State Aid with the Internal Market: Article 346(1)(b) TFEU
4.7 Exceptional Compatibility of State Aid with the Internal Market: Article 108(2)(3-5) TFEU
4.8 Exceptional Compatibility of State Aid with the Internal Market: Block Exemptions

11 Public Enforcement of State Aid Rules - Denis Baghrizabehi
1 Introduction
2 Supervision by the European Commission: Different Types of State Aid Procedure
2.1 Unlawful Aid and Notified Aid
2.2 Existing Aid and New Aid
2.3 Misused Aid
3 Procedure Regarding Notified Aid
3.1 Preliminary Investigation
3.2 Formal Investigation
4 Procedure Regarding Unlawful Aid and Misuse of Aid
4.1 The Recovery Decision
4.2 Misuse of Aid
5 Procedure Regarding Existing Aid Schemes
6 The Role of National Courts in Public Enforcement Proceedings
7 The Bird’s-Eye View

12 Private Enforcement of State Aid Rules - Denis Baghrizabehi
1 Introduction
2 The Fundamentals of the Private Enforcement System
2.1 Taking Account of Third-Party Interest
2.2 ‘Unlawful’ State Aid and the Direct Effect of the Standstill Clause
2.3 Rights, Remedies and Procedures
3 The Role of National Courts
3.1 Assessing the State Aid Character of the Contested Measure
3.2 National Institutional, Procedural and Remedial ‘Autonomy’
3.3 Remedies for Violation of the Standstill Clause
4 Parallel Proceedings
5 Follow-on Actions
6 Concluding Remarks

13 The International Dimension of European Union Competition Law - Matjaž Tratnik
1 Introduction
2 The Effects Doctrine in the United States
3 The Extraterritoriality of the European Union Competition Law
3.1 The Legislative Jurisdiction: Articles 101 and 102 TFEU
3.2 The Enforcement Jurisdiction: Articles 101 and 102 TFEU
3.3 The Extraterritorial Applicability of the EUMR: the Gencor Case
4 International Cooperation
4.1 European Union’s Bilateral Agreements
4.2 Multilateral Cooperation

Table of Regulations
Table of Directives
Table of Commission Cases
Table of Courts Cases

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