European Competition Law: A Case Commentary, Second Edition

This fully updated second edition of European Competition Law: A Case Commentary explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The selection is based on the interpretative value of the extracts and is limited to the essentials in order to clearly demonstrate how competition rules have been interpreted by the European Commission and the courts. The extracts originate primarily from the decisions of the European Commission and judgments of the Court of Justice of the European Union and the European Court of Human Rights. Key features include:• Updated extracts from newly arisen cases and documents on EU competition law• Article-by-article overview of EU competition law jurisprudence • Unique structure enabling users to quickly locate decisions and judgments on all relevant procedural and substantive aspects of EU competition law• Concise and judiciously selected extracts from the judgments in the most important and most instructive cases• A nuanced view of competition law rules provided through the use of extracts rather than author analysis, giving practitioners a more contextual insight• Greater number of case extracts than other books, giving a more complete picture of the way rules translate into European jurisprudence. This unique book is designed for everyday use by practitioners and academics who wish to better understand how competition rules are interpreted in practice, and as a starting point for legal analysis. The book also serves as a handy resource on the exact wording of the essential elements of the most important cases. It will appeal not only to practitioners and academics, but also to all competition authorities in Europe. Contributors: J. Derenne, G. van Heezik, M. Johnsson, K. Metzlaff, E. Oude Elferink, A. Pliego Selie, H. Speyart, P.Stauber

Table of Contents:
Contents: Preface PART 1 TREATY ON EUROPEAN UNION (TEU), TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION (TFEU) AND REGULATIONS Section 1 Treaty on European Union (TEU) 1. Article 3 TEU – Objectives of the Union 2. Article 4 TEU – Relations between the Union and the Member States; Principles of Subsidiarity, Equality and Sincere Co-operation 3. Article 6 TEU – The Charter and the ECHR Section 2 Treaty on the Functioning of the European Union (TFEU) 4. Article 101 TFEU – Cartel Prohibition 5. Article 102 TFEU – Abuse of Dominance 6. Article 103 TFEU – Regulation Regarding the Application of Arts 101 and 102 7. Article 104 TFEU – Competence of Authorities in Member States 8. Article 105 TFEU – Application of Arts 101 and 102 by the Commission 9. Article 106 TFEU – Public Undertakings 10. Article 107 TFEU – General Rule: Prohibition of Aid 11. Article 108 TFEU – Procedure before the Commission: Notification of Aid 12. Article 109 TFEU – Determination of Regulations Regarding the Application of Arts 107 and 108 Section 3 The Regulations 13. Regulation (EC) No 1/2003 on the Implementation of the Rules on Competition 14. Regulation (EC) No 139/2004 on the Control of Concentrations Between Undertakings 15. Regulation (EU) No 330/2010 on Vertical Agreements 16. Regulation (EU) No 461/2010 on Vertical Agreements in the Motor Vehicles Sector 17. Regulation (EU) No 1308/2013 Establishing a Common Organisation of the Markets in Agricultural Products and Repealing Council Regulations PART 2 EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR) AND CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION (CHARTER) Section 1 European Convention on Human Rights 18. Article 1 ECHR – Obligation to Respect Human Rights Section 2 Charter of Fundamental Rights of the European Union 19. Article 7 Charter – Respect for Private and Family Life 20. Article 16 Charter – Freedom to Conduct a Business 21. Article 17(1) Charter – Right to Property 22. Article 20 Charter – Equality before the Law 23. Article 41 Charter – Right to Good Administration 24. Article 47 Charter – Right to an Effective Remedy and to an Impartial Tribunal 25. Article 48 Charter – Presumption of Innocence and Rights of the Defence 26. Article 49 Charter – Principles of Legality and Proportionality of Criminal Offences and Penalties 27. Article 50 Charter – Right not to be Tried or Punished Twice in Criminal Proceedings for the Same Criminal Offence 28. Article 51 Charter – Field of Application 29. Article 52 Charter – Scope and Interpretation of Rights and Principles 30. Article 53 Charter – Level of Protection Index