Guide to the EU Block Exemption for Vertical Agreements PDF Download

Author: Martin Mendelsohn
Publisher: Kluwer Law International B.V.
ISBN: 904119813X
Category : Business & Economics
Languages : en
Pages : 304

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Book Description
The revised EC policy on the application of competition law to vertical agreements is one of the most important developments in EC anti-trust for many years. The block exemption regulation, which came into effect on 1 June 2000, and the accompanying policy changes are crucially important for companies doing business in the European Union. Whichever route a business chooses to get its products to market, it needs to understand the impact of the EC rules. This guide provides a comprehensive and practical commentary on the new rules. The work contains the full text of the block exemption regulation, accompanying guidelines and other relevant Commission notices. Issues covered include: background to EC competition law and its application to vertical agreements; in-depth analysis of the provisions of the block exemption regulation; examination of how the rules apply to exclusive distribution; and selective distribution, franchising and agency agreements. The authoritative and in-depth analysis of the guide will be invaluable to in-house counsel, business people and practitioners involved in or advising on the distribution of goods or services in the EU.

Author: Frank Wijckmans
Publisher: Oxford University Press, USA
ISBN: 0199696411
Category : Law
Languages : en
Pages : 428

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Book Description
Providing a detailed and practical analysis of the entire scope of the law relating to vertical agreements, including the new general block exemption regulations and the Vertical Guidelines, this book is an indispensible tool for all practitioners active in the drafting or reviewing of vertical agreements.

Author: Van Bael & Bellis
Publisher: Kluwer Law International B.V.
ISBN: 9041154051
Category : Law
Languages : en
Pages : 1618

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Book Description
This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.

Author: Barry J. Rodger
Publisher: Routledge
ISBN: 1317907167
Category : Law
Languages : en
Pages : 335

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Book Description
Competition Law and Policy in the EU and UK provides a focused guide to the main provisions and policies at issue in the EU and UK, including topics such as enforcement, abuse of dominance, anti-competitive agreements, cartels, mergers, and market investigations. The book’s contents are tailored to cover all major topics in competition law teaching, and the authors’ clear and accessible writing style offers an engaging and easy to follow overview of the subject for course use. The fifth edition provides a full update for this well-established title, presenting and contextualising the impact of key cases, as well as changes to enforcement practice, and at a legislative and institutional level. There are new, separate chapters in this edition on private enforcement and UK market investigations to reflect the increasing significance of these key areas of competition law practice. Competition Law and Policy in the EU and UK integrates useful pedagogical features to help clarify topics and reinforce important points: chapter overviews and summaries highlight the key points to take away from each chapter to structure student learning discussion questions facilitate self-testing and seminar discussions of the major issues covered in each chapter, to help reinforce understanding of these topics further reading lists additional resources in order to guide research and develop subject knowledge a new glossary provides succinct explanations of competition law terminology, ideal for those studying the topic for the first time Clear, focused and student-friendly, this title offers a comprehensive resource for students taking competition law courses, and is supported online by updates to the law offered on Angus MacCulloch’s blog, Who’s Competing (http://whoscompeting.wordpress.com/).

Author: Lennart Ritter
Publisher: Kluwer Law International B.V.
ISBN: 9041122583
Category : Law
Languages : en
Pages : 1248

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Book Description
No branch of European law has been as subject to expansion and change as competition law. Between the enormous forces of globalisation, technology, and EU enlargement, the Commission and national competition authorities have been compelled to keep rethinking their practices and procedures and issuing new regulations. Now, in the wake of its highly acclaimed predecessors, the new Third Edition of European Competition Law offers the practitioner everything required to act in accordance with the latest developments in the field. Along with the thorough guide to continuing practice that its readers have come to expect, European Competition Law in its Third Edition fully covers such areas as the following: the Commission's new assessment of distribution practices and vertical restraints, in particular the block exemptions granted by Regulations 2790/1999 and 1400/2002; procedure before national competition authorities and national courts for enforcement of European rules under Regulation 1/2003; the new Merger Control Regulation in force as of 1 May 2004; the new Transfer of Technology Regulation; and, the increased fines for hard-core cartel practices or abuse of dominant market position. The Third Edition is remarkable in that it actually previews the substantive and procedural rules that will be coming into effect during 2004 and subsequent years. And, like prior editions, the work has no peer in its coverage of past administrative practice and the case law of the Court of Justice. All in all, European Competition Law, Third Edition, will be of immeasurable value to practitioners who need to keep informed about how EC competition laws are applied, so they can continue to render practical, meaningful advice to firms whose agreements, transactions and conduct in the marketplace are governed by competition rules.

Author: Jonathan D. C. Turner
Publisher: Richmond Law & Ted Limited
ISBN: 9781904501565
Category : Law
Languages : en
Pages : 200

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Book Description
This practical book provides a detailed analysis of the new regime including the block exemptions for vertical agreements and motor industry agreements, the Commission's Guidance and recent cases and decisions.

Author: Anna Battersby
Publisher: Butterworths
ISBN: 9781474323956
Category :
Languages : en
Pages : 0

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Book Description
Butterworths Competition Law Handbook contains the principal UK and EU legislation relating to competition law, foreign direct investment and subsidy control, together with extensive coverage of European Commission guidelines, CMA and sectoral regulator guidelines, and UK and EU court materials. This year''s edition has been restructured to make navigation easier, and now contains 11 Parts.Part 1 (UK Statutes) contains the key, fully-updated Acts relating to competition law. It includes the Competition Act 1998, the Enterprise Act 2002, and the relevant provisions of the Company Directors Disqualification Act 1986, the Water Industry Act 1991, FSMA 2000, the Enterprise and Regulatory Reform Act 2013, and the National Security and Investment Act 2021. This year''s edition also includes the Subsidy Control Act 2022, which replaces the EU State aid regime in the UK.Part 2 (UK Statutory instruments) contains the most important Orders and Regulations made under the Acts included in Part 1. This year''s edition contains the Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022, as well as a new section relating to Regulations made under the Subsidy Control Act 2022.Part 3 (CMA & other guidelines) contains the key antitrust and merger guidance issued by the CMA, as well as sectoral regulator guidance. New and revised material in this edition includes:* CMA8: Guidance on the CMA''s investigation procedures in Competition Act 1998 cases (January 2022)* CMA2(revised): Mergers - Guidance on the CMA''s jurisdiction and procedure (January 2022)* Ofgem Enforcement Guidelines (March 2022)* CMA166: Vertical Agreements Block Exemption Order - CMA guidance (July 2022).This year''s edition also includes a new section containing the Subsidy Advice Unit''s guidance on the operation of the subsidy control functions (SAU1: November 2022), and new and revised 2022 guidance from BEIS on the operation of the National Security and Investment Act 2021.Part 4 now contains UK Court Materials. These include the Competition Appeal Tribunal Rules 2015, and the Competition Appeal Tribunal Guide to Proceedings (2015), as well as new (2022) Practice Directions issued by the CAT. It also includes updated guidance on the service of documents on the CMA in court proceedings (July 2022).Part 5 contains Brexit-related materials. Relevant provisions of the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020 are included, together with the ''Exiting the EU Regulations'' made under the 2018 Act. Other material in this Part includes CMA and Commission guidance relating to the UK''s withdrawal from the EU and the end of the transition period.Part 6 (UK COVID-19-Related Materials) contains the UK materials that are still relevant in this field - including CMA guidance and the CAT Practice Direction.Part 7 contains EU material and Retained EU material (except State aid materials). Relevant original EU legislation is included in full with, where appropriate, notes detailing how that legislation applies in the UK post-IP completion day. This edition contains a new section containing the 2022 EU Digital Markets Act, and other new material includes:* The 2022 Vertical Agreements Block Exemption Regulation, together with the Commission''s accompanying guidance (June 2022)* Guidelines on collective agreements by solo self-employed people (September 2022)* Frequently Asked Questions on Leniency (October 2022)* The Commission''s revised Informal Guidance Notice (October 2022).Part 8 deals with State aid. As well as general materials, it covers: horizontal rules; sector specific rules (eg, transport, broadband, and agriculture & fisheries); specific aid instruments (eg, relating to state guarantees and tax); and SGEI. New and revised material in this edition includes:* The 2022 guidelines on State aid for climate, environmental protection and energy* New Commission guidelines on State aid for R&D&I (October 2022)* The Commission''s Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia (October 2022).Part 9 (Foreign Direct Investment) is new for this edition and contains the EU FDI Screening Regulation, together with the accompanying FAQs.Part 10 (EU Court Materials) includes consolidated versions of the Rules of Procedure of the Court of Justice and the Rules of Procedure of the General Court; the consolidated version of the Statute of the Court of Justice of the EU; and relevant Practice Directions, Recommendations of the Court of Justice, and advice to counsel.Part 11 contains EU COVID-19-Related Materials in so far as they are still relevant. These include the Joint statement by the ECN on the application of competition law during the Corona crisis (March 2020); Updated Commission guidance on the application of merger rules during the pandemic; and the Commission''s guidance on antitrust rules and Coronavirus (updated October 2022).Butterworths Competition Law Handbook presents the latest legislation and guidance in an easy-to-use format so you will be able to find information quickly and easily. It can be used as a standalone desktop reference. This is the essential reference source for lawyers, any firm of solicitors or in-house department that deals with competition law issues.

Author: Richard M. Asbill
Publisher: American Bar Association
ISBN: 9781570739736
Category : Business & Economics
Languages : en
Pages : 456

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Book Description

Author: Miroslava Marinova
Publisher: Kluwer Law International B.V.
ISBN: 9403505710
Category : Law
Languages : en
Pages : 226

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Book Description
This book examines the treatment of fdelity rebates as one of the most controversial topics in EU competition law. The controversy arose from the lack of clarity as to how to distinguish between rebates that constitute a legitimate business practice and those that might have anticompetitive e?ects, as the same type of rebates could be pro-competitive or anticompetitive depending on their e?ects on competition. This book clarifes the appropriate treatment of fdelity rebates under EU competition law by o?ering original insights on the way in which abusive rebates should be identifed, taking into account the wealth of EU case law in this area, the economics' literature and the perspective of US antitrust law. The critical discussion on the case law is centred on the idea as to whether the as efcient competitor (AEC) test is an important part of the assessment of fdelity rebates and in which circumstances it could be used as one tool among others. The analysis treats such issues and topics as the following: – What motivated the EU Courts to treat fdelity rebates as illegal ‘by object'? – Why has this case law drawn so much criticism from academics and other commentators? – What can we learn from the economic theories of exclusive dealing and fdelity rebates, and whether the strict approach of the Courts can be supported by economic empirical studies? – What is the meaning attached to the notion of an ‘e?ects-based' approach as an expression of the reform of Article 102? – Why is the controversy regarding the treatment of fdelity rebates still a live issue after the Intel and the Post Danmark II judgments? – In which circumstances the price-cost test can be used as a reliable tool to distinguish between anticompetitive and pro-competitive fdelity rebates? – Can we evaluate the e?ect of fdelity rebates without necessarily carrying out a price-cost test? – Can we consider the AEC test as a single unifying test for all types of exclusionary abuses? – What can we learn about the application of the AEC test in fdelity rebate cases from the recent US case law? A concluding chapter provides an original perspective and also policy recommendations on how the abusive character of fdelity rebates should be assessed including an appropriate legal test that is administrable, creates predictability and legal certainty and minimises the risk of errors and the cost of those mistakes. This book takes a giant step towards improving the understanding of the legal treatment of fdelity rebates and understanding as to whether the treatment of fdelity rebates could be e?ects-based, without necessarily carrying out an AEC test. It will also contribute signifcantly to the practical work of enforcement agencies, courts and private entities and their advisors. book's parallel study of US and EU competition law.

Author: Ariel Ezrachi
Publisher: Bloomsbury Publishing
ISBN: 1509920390
Category : Law
Languages : en
Pages : 799

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Book Description
This book is designed as a working tool for the study and practice of European competition law. It is an enlarged and updated sixth edition of the highly practical guide to the leading cases of European competition law. This sixth edition focuses on Article 101 TFEU, Article 102 TFEU and the European Merger Regulation. In addition it explores the public and private enforcement of competition law, the intersection between intellectual property rights and competition law, the application of competition law to state action and state aid laws. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, setting the analytical foundations for the case entries. Within this framework, cases are reviewed in summary form, accompanied by analysis and commentary. Praise for earlier editions: 'This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.' Ali Nikpay, Gibson, Dunn & Crutcher LLP 'The study of EU competition law requires the analysis and understanding of a number of increasingly complex European Commission and European Court decisions. Through the provision of case summaries, excerpts from the important passages and concise commentary linking these decisions to other key case law and Commission documents, this unique and impressive book, now in its fifth edition, provides the student and practitioner of EU competition law with an extremely clear and useful introduction to these leading decisions.' Dr Kathryn McMahon, Associate Professor, School of Law, University of Warwick 'This book is especially valuable for competition law specialists in Europe and abroad who are interested in the jurisprudence and policy of the European Union and its member states. Familiarity with the European regime is essential for proficiency in competition law today, and this volume provides an excellent foundation.' William E Kovacic, Global Competition Professor of Law and Policy, George Washington University Law School, Former Chairman, US Federal Trade Commission 'The Guide is an invaluable tool for both students and practitioners. It provides a compact overview of the fundamental cases and highlights the essential problems in a clear and sharp analysis.' Dr Christoph Voelk, Antitrust Practice Group, McDermott, Will & Emery LLP, Brussels