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This book is now Out of Print.
A new edition was published, see:
EU Competition Procedure 3rd ed isbn 9780199641833

EC Competition Procedure 2nd ed


ISBN13: 9780198268895
ISBN: 0198268890
New Edition ISBN: 9780199641833
Previous Edition ISBN: 0198259670
Published: March 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



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

Subjects:
Competition Law
Contents:
PART ONE: ANTITRUST RULES (Articles 81 and 82 EC)Luis Ortiz Blanco and Konstantin Joergens:
1. The Institutional Framework
2. The Organization of Proceedings
3. Opening of the File
4. Informal Guidance
5. Investigation of Cases (I): Leniency Policy
6. Investigation of Cases (II): Formal Investigative measures, in general. Interviews and Requests for Information
7. Investigation of Cases (III): Inspections
8. Investigation of Cases (IV): Penalties, Confidentiality
9. Infringement Procedures
10. Infringement Decisions and Penalties
11. Rejection of Complaints
12. Finding of Inapplicability
13. Voluntary Adjustments, Commitments and Conclusion of the Procedure without a Formal Decision
14. Special Procedures
15. Steps following the Adoption of a Formal Decision
PART TWO: MERGER CONTROL (Regulation No 139/2004)Marcos Araujo Boyd:
16. The Concentration Control Procedure
17. Scope of Application: Concentrations with a Community Dimension
18. Notification
19. The Initial Stage
20. Second Stage Proceedings
21. Legal Review of Decisions Adopted Under Regulation 139/2004
PART THREE: PUBLIC UNDERTAKINGS (Article 86 EC)José Luis Buendía Sierra:
22. Institutional and Procedural Questions - Article 86(3) of the EC Treaty
PART FOUR: STATE AID (Articles 87 and 88 EC)Jean-Paul Keppenne:
23. Procedural Questions Bound up with the Qualification of Measures as State Aid
24. Control of State Aid Compatibility
25. Procedure for Existing Aid Schemes
26. Remedies if Any of the Commission's Decisions are Breached
27. The Council´s Decision-Taking Powers
28. A Posteriori Control by the Commission
29. Block Exemption Regulations
PART FIVE: EUROPEAN ECONOMIC AREA COMPETITION PROCEDUREKieron Beal:
30. Introduction to the EEA Agreement
31. The Substantive Competition Rules of the EEA Agreement
32. The Procedure for the Application of the EEA Antitrust Rules
33. Practical Procedure Aspects in EEA Antitrust Cases
APPENDICES
1-15 Legislation, Commission Documents, Table of Fines.
16-21 Legislation, Commission Documents
22. European Commission XXVth Report On Competition Policy [1995]
23-29 Legislation, Commission Documents
30-33 EEA Agreement as amended by the EEA Enlargement Agreement, and Annex XIV