Cases and Materials on EC Competition Law

Valentine Korah is Professor Emeritus of Competition Law at University College, London, and a Barrister

Part 1 Introduction and Article 81: introduction; dual application of Community and national competition law; analysis of Article 81; may affect trade between member states; not all restrictions of conduct restricted competition; object of restricting competition. Part 2 Exemptions and nullity: introduction. Part 3 Abuse of a dominant position: introduction; Europemballage Corporation and Continental Can Co. Inc. v. Commission; United Brands C and United Brands Continental BV v. Commission; Hoffmann-La Roche v. Commission (vitamins); notice on market definition; Nederlandsche Banden-Industrie Michelin NV v. Commission; CBEM v. CLT IPB (telemarketing); AKZO Chemi BV v. Commission; dominant position over a linked sector, predation and tying; discrimination; joint dominant position; refusal to licence; Volvo AB V. Erik Veng (UK) Ltd; Radio Telefis Eireann v Commission (Magill); refusal to supply; unfair pricing; Ministere Public V. Jean Louis Tournier and Jean Verney (SACEM). Part 4 Government measures: Article 10 in combination with the rules for free movement and competition; Article 86 in combination with the rules for free movement and competition; Clear Communications v. Telecom Corporation of New Zealand. Part 5 Enforcement under Regulation 17: proposal to replace Regulation 17; fines. Part 6 Civil law sanctions: the direct effect of Articles 81 and 82; the enforcement of contracts that may infringe Article 81; effect of comfort letters; Stergios Delimitis v. Henninger Brau; Re Film Purchasers by German TV stations (ARD); Automec Srl v. Commission. Part 7 Classes of agreements clearly prohibited: horizontal cartels; dyestuffs (re cartel in aniline dyes); ICI v. Commission (dyestuffs); re the European sugar cartel - Cooperative Vereniging "Suiker Unie" UA v. Commission; Soda Ash, Solvay/ICI; re wood pulp cartel - A. Ahlstrom Oy and others v. Commission (woodpulp II); Marc van der Woude; pre-insulated pipe carte; collusion will not be inferred from parallel conduct unless it does not make commercial sense otherwise; Ministere Public v. Jean Louis Tournier and Jean Verney (SACEM); agreements to exchange detailed information about parallel imports and amounts sold; seventh report on competition policy; UK agricultural tractor registration exchange; Fiatagri UK and New Holland Ford Ltd v. Commission; Cartonboard. Part 8 Distribution agreements: introduction; franchising and ancillary restraints; market analysis - single branding; agency; Regulation 2790/99; commission guidelines on vertical restraints. Part 9 Intellectual property rights and the principle of free movement of goods: introduction; exhaustion of patent rights; Centrafarm BV and de Pejiper V. Sterling Drug Inc.; cases on trade marks; rights other than in reputation; Derek Ridyard and David Lewis "parallel trade in patented medicines - economics in defence of market segmentation"; Trade Mark Directive 7; nera competition brief 14 - "Silhouette". (Part contents).