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European Antitrust Law

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European Antitrust Law

Prohibitions, Merger Control and Procedures

9781845426958 Edward Elgar Publishing
Lorenzo Federico Pace, Professor of EU Law, University of Molise and Member of the Bar of Rome, Italy
Publication Date: 2007 ISBN: 978 1 84542 695 8 Extent: 424 pp
The recent modification of the European Antitrust Law system, which concerns both the substance of the prohibitions and the system of enforcement, called for a thorough re-examination of this sector. Against this background, this book offers a new and coherent organisation of the subject. It takes into consideration the changes not only to the interpretation of Articles 81 and 82 EC, but also to the procedural aspects related to Reg. 1/03. In this context, the reform of Reg. 139/04 on European merger control is also fully taken into consideration.

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Critical Acclaim
Contents
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The recent modification of the European Antitrust Law system, which concerns both the substance of the prohibitions and the system of enforcement, called for a thorough re-examination of this sector. Against this background, this book offers a new and coherent organisation of the subject. It takes into consideration the changes not only to the interpretation of Articles 81 and 82 EC, but also to the procedural aspects related to Reg. 1/03. In this context, the reform of Reg. 139/04 on European merger control is also fully taken into consideration.

European Antitrust Law places current EC antitrust and merger control rules in their historical context, considering both the economic foundations and guiding principles of the law. It will therefore be an invaluable and stimulating guide to EC antitrust for scholars, students and practitioners alike.
Critical Acclaim
‘Given the importance of European competition law and significant changes in the enforcement process. . . Professor Pace’s book is a valuable addition to the literature. . . It merits a place on the bookshelf for those interested in such an examination of EU competition law.’
– Terry Calvani, Journal of Economic Literature

‘. . . the book with its integrated and historical approach, the critical assessment and the inclusion of the recent developments, is a book that one can wholeheartedly recommend to practitioners, scholars and students alike. . . The book is a true monograph and a valuable piece in any library.’
– Pál Béla Szilágyi, Journal of Current Legal Studies

‘This book provides a thoughtful, comprehensive and yet concise contribution to the competition law literature and should be of interest to students in the field in Europe and worldwide.’
– Renato Nazzini, University of Southampton, UK

‘The book is so comprehensive that it cannot be summarised in a few lines,
precisely because it deals with the entire subject matter without shirking
any of the pertinent issues. The author analyses these thoroughly and
meticulously, and backs up his assertions with the appropriate legislative,
jurisprudential and bibliographical references. However, what is most
striking is not so much the range and variety of the subjects which the
author tackles, or the sometimes punctilious accuracy of the information
that he includes, but rather his enormous knowledge of the subject matter
and the enthusiasm that he brings to bear to his treatment of it.’
– Antonio Tizzano, European Court of Justice

‘This book definitely contributes an original perspective into EC antitrust rules.’
– Luis Ortiz Blanco, Garrigues, Abogados y Asesores Tributarios, Spain
Contents
Contents:

Preface

PART I: CARTELS AND THE PROCESS OF EUROPEAN INTEGRATION
1. The Worldwide Industrialisation of the 19th Century and the ‘Cartelisation’ of the European Economy

2. The Dissolution of the Worldwide Steel Cartel and the Establishment of the ECSC System

3. The EEC and the Birth of European Competition Law

PART II: EUROPEAN ANTITRUST POWERS
4. The Antitrust Powers of the EC Treaty and the Concept of Antitrust Law

5. The Goals of European Antitrust Law

6. The Characteristics of Articles 81 and 82 EC

7. The Scope of of Articles 81 and 82 EC

PART III: ARTICLE 81 EC
8. The Drafting of Article 81 EC

9. The Implementation of Article 81 EC

10. The Content of Article 81 EC

11. Article 81 EC and Horizontal Agreements

12. Article 81 EC and Vertical Agreements

PART IV: ARTICLE 82 EC
13. The Drafting of Article 82 EC

14. The Implementation of Article 82 EC

15. The Content of Article 82 EC

16. Article 82 EC and Exclusionary Abuses

17. Article 82 EC and Exploitative Abuses

18. Article 82 and Discriminatory Abuses

PART V: ARTICLES 81 AND 82 EC APPLIED TO THE MEMBER STATES
19. The Combined Effect of Articles 10 and 81 EC

20. The Combined Effect of Article 82 and 86(1) EC

21. The Binding Nature of Unlawful National Measures and the Antitrust Liability of Private Persons and the Member States

PART VI: VERTICAL ASPECTS OF EUROPEAN ANTITRUST LAW
22. European Antitrust Powers and the Principles of Subsidiarity and Proportionality

23. Principles to Resolve the Conflict between European Antitrust Law and National Laws under the EC Treaty and Regulation 1/03

PART VII: THE BODIES AND INSTITUTIONS OF THE EUROPEAN ANTITRUST ENFORCEMENT SYSTEM
24. The Commission

25. National Antitrust Authorities

26. Antitrust Federalism

27. National Courts

PART VIII: THE ANTITRUST ENFORCEMENT SYSTEM ESTABLISHED BY THE EC TREATY
28. The Commission: Powers, Decisions and Penalties

29. National Antitrust Authorities: Powers, Decisions and Penalties

30. Mechanisms Allowing Cooperation between the Commission and National Antitrust Authorities

31. Mechanisms Allowing the Commission and National Antitrust Authorities to Control Each Other

32. Judicial Enforcement of Antitrust Law

PART IX: THE ANTITRUST ENFORCEMENT SYSTEM ESTABLISHED BY REGULATION 1/03
33. The Evolution of the Policy of Decentralising Antitrust Law

34. The Commission: Decisions, Powers of Investigation and Penalties

35. National Antitrust Authorities: Decisions, Powers of Investigation and Penalties

36. Mechanisms Allowing Cooperation between the Commission and National Antitrust Authorities: Vertical and Horizontal Cooperation

37. Control Mechanisms Allowing the Commission and National Antitrust Authorities to Control Each Other: Vertical Descending, Peer and Vertical Ascending Control

38. Judicial Enforcement of Antitrust Law

39. Mechanisms Allowing Cooperation between the Commission and the National Courts

40. Mechanisms Allowing the Commission and National Antitrust Authorities to Monitor the Decisions of the National Courts

PART X: EUROPEAN MERGER CONTROL
41. The Role of Merger Control in the EC Treaty

42. Competence in the Field of Merger Control in the EC Treaty

43. Basic Concepts of European Merger Control: The Concept of Merger, Merger Subject to Notification and Prohibited Merger

44. Allocation of European Merger Control Powers as between the Community and the Member States

PART XI: THE MERGER CONTROL SYSTEM ESTABLISHED BY REGULATION 139/04
45. The Commission: Powers, Proceedings Assessing the Merger and Penalties

46. National Antitrust Authorities: Powers

47. Mechanisms Allowing Cooperation between the Commission and National Antitrust Authorities

48. Mechanisms Allowing the Commission and National Antitrust Authorities to Control Each Other

Bibliography

Index
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