European Competition Law: A Practitioner's Guide by Lennart Ritter

By Lennart Ritter

No department of ecu legislations has been as topic to enlargement and alter as pageant legislation. among the large forces of globalization, know-how, and ecu growth, the fee and nationwide pageant specialists were forced to maintain rethinking their practices and systems and issuing new rules. Now, within the wake of its hugely acclaimed predecessors, the recent Third version of ecu pageant Law bargains the practitioner every thing required to behave in keeping with the newest advancements within the box.

Along with the thorough consultant to carrying on with perform that its readers have come to count on, European pageant Law in its 3rd version absolutely covers such parts because the following:

  • the Commission¿s new overview of distribution practices and vertical restraints, specifically the block exemptions granted by means of rules 2790/1999 and 1400/2002;
  • procedure sooner than nationwide festival gurus and nationwide courts for enforcement of eu principles less than legislation 1/2003;
  • the new Merger keep an eye on law in strength as of one may well 2004;
  • the new move of know-how legislation; and
  • the elevated fines for hard-core cartel practices or abuse of dominant industry place.

    The Third Edition is extraordinary in that it really previews the great and procedural ideas that would be entering impact in the course of 2004 and next years. And, like earlier variants, the paintings has no peer in its assurance of prior administrative perform and the case legislations of the court docket of Justice. All in all, European pageant legislation, 3rd variation, will be of immeasurable price to practitioners who have to continue trained approximately how EC festival legislation are utilized, to allow them to proceed to render sensible, significant suggestion to corporations whose agreements, transactions and behavior on the market are ruled by means of festival rules.

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    Extra resources for European Competition Law: A Practitioner's Guide

    Example text

    440 When several manufacturers from member countries with excess production agreed to divert the excess to non-EC countries, the inference was drawn that by reducing supplies in the Community they restrained the intensity of competition and altered the pattern of trade within the Community. 444 Exports to Non-Member Countries — Vertical Agreements In the case of vertical agreements governing exports to non-member countries, a more rigorous inquiry needs to be made. 446 Prohibitions against exporting to or re-importing from non-EC countries contained in vertical or license agreements are therefore caught by Article 81 (1) only if they have appreciable anticompetitive effects within the Common Market.

    294 However, the ‘intra-enterprise doctrine’ presupposes the possibility of exercising ‘control’. g. 295 Further, no economic entity will be deemed to exist between companies by virtue of joint control over another enterprise, as is ordinarily the case with joint ventures which are autonomous and independent undertakings. 296 However, an economic entity may be formed gradually between previously independent companies on the basis of links established over a period of time. 340 Indirect Effect on Trade The effect on trade may also be indirect.

    464 Restrictions of competition relating to imports from EEA countries into EC countries directly affect trade between EEA and EC countries and are prohibited under Article 53 (1) of the EEA Agreement. 478 The ‘effects doctrine’ holds that a state has 72 jurisdiction to prohibit restraints of competition committed by parties located outside its territory if the restraint causes anticompetitive effects within its territory. e. 479 The infringement of a fundamental legal principle — here, the principle of free and undistorted competition in the territory of the Community — by implementing an anticompetitive agreement or engaging in abusive conduct in the Community is regarded as a sufficient basis for the assertion of jurisdiction.

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