An Introductory Guide to EC Competition Law and Practice

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

Part 1 Introduction: the common market; the competition rules; the economics of market power; EC institutions; enforcement of the competition rules; extraterritorial competence; the European Economic Area (EEA); the importance of the competition rules; the plan for the book. Part 2 Analysis of Article 81(1): introduction; collusion between undertakings; "which may affect trade between member states"; "have as their object or effect the prevention, restriction or distortion of competition within the common market"; exemptions; nullity; white paper on modernisation. Part 3 Abuse of a dominant position: objections to economic strength; dominant position; "abusive exploitation"; that may affect trade between member states; conclusion. Part 4 State measures to protect firms from competition: introduction - special and exclusive rights (article 86); state aids (articles 87-89); anti-dumping duties (article 133). Part 5 Enforcement under Regulation 17: introduction; starting the procedure in the EC; obtaining information (articles 11-14); organisation of the competition department; procedure (article 19 and regulation 99); substantive powers of the Commission; whether to notify; criticism of the procedure and future legislation; white paper on modernisation. Part 6 Civil law sanctions: injunctions and actions for damages; enforcement by national competition authorities; nullity; whether to notify. Part 7 Classes of agreement clearly prohibited: distinction between naked and ancillary restrictions of competition and horizontal and vertical agreements; naked horizontal cartels affecting price and allocating markets; collective discrimination - boycotts and reciprocal exclusive dealing; collective aggregated discounts; agreements to tie the sale of one item to another; export bans; conclusion. Part 8 Distribution agreements: exemption of individual agreements; clearance of exclusive dealing agreements; former group exemptions for exclusive distribution and exclusive purchasing agreements; selective distribution; franchising; group exemptions for exclusive distribution agreements Regulation 1790/9913; agency; collective exclusive distribution. Part 9 Intellectual property rights and the free movement of goods: intellectual property rights and competition; birth of the distinction between the existence of rights and their exercise; free movement of goods; the exhaustion of intellectual property rights when a product has been sold by or with the consent of the holder in another member state; harmonisation of intellectual property rights; conclusion. Part 10 Licences of industrial and commercial property rights: introduction - rationale for the grant of patent protection; the Commission's view; the court's view; the former group exemptions for patent, know-how and mixed licences; the group exemption for technology transfer - regulation 240/96; licences of other kinds of commercial and industrial property rights; the subcontracting notice. (Part Contents).