An Introductory Guide to EC Competition Law and Practice

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

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; state measures to protect firms from competition; the plan for the book. 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. Objections to economic strength; dominant position; relevant market; "abusive exploitation"; conclusion. Introduction; starting the procedure; obtaining information (articles 11-14); organisation of DG IV, the Competition Department; substantive powers of the Commission; whether to notify; criticism of the procedure. Injunctions and actions for damages; enforcement by national competition authorities; nullity (article 85(2)); whether to notify; undertakings given to the Commission. 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. Exemption of individual agreements; clearance of exclusive dealing agreements; group exemption for exclusive distribution agreements - regulation 1983/83; exclusive purchasing agreements; franchising; general comments on the regulations; the green paper on vertical restraints; agency; collective exclusive dealing. 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. 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; article 86 - obligation to grant licences; the subcontracting notice. Control under articles 86 and 85; the merger regulation - regulation 4064/89;conclusion. Specialisation agreements; co-operative joint ventures; conclusion. Introduction; the paucity of economic analysis in the Commission's public decisions under article 85(1); the Court's analysis has been more helpful than that of the Commission; the Court's judgements are often laconic; conclusion.