European Competition Law


European Competition Law

A Case Commentary, Second Edition

2nd edition

9781786435460 Edward Elgar Publishing
Edited by Weijer VerLoren van Themaat, Houthoff Cooperatief U.A. and Berend Reuder, formerly Stek, the Netherlands
Publication Date: 2018 ISBN: 978 1 78643 546 0 Extent: 1024 pp
This updated second edition explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The book’s unique structure enables users to quickly locate information on procedural and substantive aspects of competition law. Containing an article by article overview of EU competition law jurisprudence and concise selected extracts from judgments in key cases, this book serves as an easy to navigate resource for practitioners, academics and competition authorities themselves.

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This fully updated second edition of European Competition Law: A Case Commentary explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The selection is based on the interpretative value of the extracts and is limited to the essentials in order to clearly demonstrate how competition rules have been interpreted by the European Commission and the courts. The extracts originate primarily from the decisions of the European Commission and judgments of the Court of Justice of the European Union and the European Court of Human Rights.

Key features include:

• Updated extracts from newly arisen cases and documents on EU competition law

• Article-by-article overview of EU competition law jurisprudence

• Unique structure enabling users to quickly locate decisions and judgments on all relevant procedural and substantive aspects of EU competition law

• Concise and judiciously selected extracts from the judgments in the most important and most instructive cases

• A nuanced view of competition law rules provided through the use of extracts rather than author analysis, giving practitioners a more contextual insight

• Greater number of case extracts than other books, giving a more complete picture of the way rules translate into European jurisprudence.

This unique book is designed for everyday use by practitioners and academics who wish to better understand how competition rules are interpreted in practice, and as a starting point for legal analysis. The book also serves as a handy resource on the exact wording of the essential elements of the most important cases. It will appeal not only to practitioners and academics, but also to all competition authorities in Europe.
Critical Acclaim
Acclaim for the first edition:

‘This book is unique. It does not contain any text from the authors themselves, but the story of EU competition law is entirely told through a smart selection of quotes from the Commission and EU courts. This approach is extremely valuable. The article by article categorization and the extensive index ensure that influential cases are found quickly and easily. This book should be on the desk of every competition authority official and practitioner.’
– Alexander Italianer, Director-General for Competition, European Commission, Belgium

‘A remarkable work; for each article of the relevant legislation – covering not only the core competition provisions but also State aid and the Charter on Fundamental Rights – the editors have extracted relevant passages from the mass of EU jurisprudence and then presented them in a structured fashion that is easy to navigate. This book will provide an invaluable tool for the busy practitioner – and for judges too.’
– Sir Peter Roth, President, UK Competition Appeal Tribunal

‘This book explains European Union competition law in detail, not by means of learned commentary by expert authors, but by actual quotes from relevant passages chosen and extracted from the massive body of EU jurisprudence. In adopting this virtually unique approach, the two editors, together with nine other contributors, have produced rather a prodigious feat of scholarly research here. . . If you are involved professionally in advising on any aspect of EU competition law, this book should definitely be in your professional library.’
– The Barrister Magazine
Contributors: J. Derenne, M. Johnsson, K. Metzlaff, E. Oude Elferink, A. Pliego Selie, H. Speyart, P.Stauber, G. van Heezik


Section 1 Treaty on European Union (TEU)
1. Article 3 TEU – Objectives of the Union
2. Article 4 TEU – Relations between the Union and the Member States; Principles of Subsidiarity, Equality and Sincere Co-operation
3. Article 6 TEU – The Charter and the ECHR

Section 2 Treaty on the Functioning of the European Union (TFEU)
4. Article 101 TFEU – Cartel Prohibition
5. Article 102 TFEU – Abuse of Dominance
6. Article 103 TFEU – Regulation Regarding the Application of Arts 101 and 102
7. Article 104 TFEU – Competence of Authorities in Member States
8. Article 105 TFEU – Application of Arts 101 and 102 by the Commission
9. Article 106 TFEU – Public Undertakings
10. Article 107 TFEU – General Rule: Prohibition of Aid
11. Article 108 TFEU – Procedure before the Commission: Notification of Aid
12. Article 109 TFEU – Determination of Regulations Regarding the Application of Arts 107 and 108

Section 3 The Regulations
13. Regulation (EC) No 1/2003 on the Implementation of the Rules on Competition
14. Regulation (EC) No 139/2004 on the Control of Concentrations Between Undertakings
15. Regulation (EU) No 330/2010 on Vertical Agreements
16. Regulation (EU) No 461/2010 on Vertical Agreements in the Motor Vehicles Sector
17. Regulation (EU) No 1308/2013 Establishing a Common Organisation of the Markets in Agricultural Products and Repealing Council Regulations

Section 1 European Convention on Human Rights
18. Article 1 ECHR – Obligation to Respect Human Rights

Section 2 Charter of Fundamental Rights of the European Union
19. Article 7 Charter – Respect for Private and Family Life
20. Article 16 Charter – Freedom to Conduct a Business
21. Article 17(1) Charter – Right to Property
22. Article 20 Charter – Equality before the Law
23. Article 41 Charter – Right to Good Administration
24. Article 47 Charter – Right to an Effective Remedy and to an Impartial Tribunal
25. Article 48 Charter – Presumption of Innocence and Rights of the Defence
26. Article 49 Charter – Principles of Legality and Proportionality of Criminal Offences and Penalties
27. Article 50 Charter – Right not to be Tried or Punished Twice in Criminal Proceedings for the Same Criminal Offence
28. Article 51 Charter – Field of Application
29. Article 52 Charter – Scope and Interpretation of Rights and Principles
30. Article 53 Charter – Level of Protection

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