Article 81 EC and Public Policy

Christopher Townley is a Lecturer in Law at King's College London. He previously worked as a solicitor at Clifford Chance LLP and then as Principal Case Officer at The Office of Fair Trading. He has since acted as a consultant for several bodies, including The Office of Fair Trading and Ofcom.

Introduction Part A: Considering Public Policy Objectives In Competition Law Introduction To Part A Chapter 1: Competition Policy and Public Policy Objectives in a Theoretical Framework 1. Introduction 2.Why Competition Policy Might Include Public Policy Objectives 3.When Competition Policy Might Include Public Policy Objectives 4. Conclusion Chapter 2: Competition Policy and Public Policy Objectives in a Community Law Framework 1. Introduction 2. In Favour of Balancing in Article 81 EC 3. Objections to Balancing in Article 81 EC 4. Conclusion Conclusion of Part A Part B: How and Where is Public Policy Balancing Performed in Article 81 EC? Introduction to Part B Chapter 3: How The Balance Is Implemented - Mere-Balancing in Article 81(1) EC 1. Introduction 2. Compromise Within Article 81(1) EC 3. Two Related Questions 4. Conclusion Chapter 4: How The Balance Is Implemented - Mere-Balancing In Article 81(3) EC 1. Introduction 2. Compromise Within Article 81(3) EC 3. The Balance 4. Conclusion Chapter 5: How The Balance Is Implemented - Market-Balancing In Article 81 EC 1. Introduction 2. Consumer (or Producer) Welfare 3. Productive and Dynamic (or Allocative) Efficiencies 4. Partial (or Total) Equilibrium 5. Conclusion Conclusion of Part B Part C: How and Where Should Public Policy Balancing Be Performed in Article 81 EC? Introduction to Part C Chapter 6: How and Where Should Public Policy Balancing Be Performed in Article 81(1) EC? 1. Introduction 2. Prevention, Restriction or Distortion of Competition 3. The Relevance of Public Policy Objectives in Article 81(1) EC 4. Conclusion Chapter 7: How and Where Should Public Policy Balancing Be Performed in Article 81(3) EC? 1. Introduction 2. The First Test: Balancing in the Public Interest 3. The Second Test: Consumers' Fair Share of the Resulting Benefit 4. The Third Test: Indispensability, Article 81(3)(A) 5. The Fourth Test: Do Not Eliminate Competition, Article 81(3)(B) 6. Conclusion Chapter 8: A Framework For Balancing In Article 81 EC 1. Introduction 2. Defining an Over-arching Objective 3.Weight for the Right Balance 4. Comparing Apples and Pears - A Common Meter 5. Conclusion Conclusion of Part C Conclusion Bibliography Books And Chapters Articles Speeches Non-Community Legislation, Guidelines, Court Judgments And Reports Community Legislation, Guidelines And Reports Community Cases Community Commission Decisions Newspaper Articles