Basic Handbook on the Essentials of EU Competition Law

Author: Marín Narros, Héctor Daniel
Publisher: Dykinson
ISBN: 9788490852804
eISBN Pdf: 9788413249605
Place of publication: Madrid , Spain
Pages: 280

Cover
Title page
Copyright page
Table of contents
Preface
Note on citation
Table Of Cases
- European court cases
- Commission decisions
List of abbreviations
First Chapter. Introduction to competition law
- 1.1. Competition law in Spain and the EU, and antitrust internationally
  - A) Spanish competition law
  - B) European competition law
  - C) The international dimension of competition law
- 1.2. Basic economics supporting competition law
- 1.3. Goals of competition law
- 1.4. Building blocks of EU competition law
- 1.5. Basic concepts on EU competition law
- 1.6. Relationship with other areas of economic law, such as unfair competition, trademark and IP law
Second Chapter. Collusion and concerted practices
- 2.1. Collusive practices – prohibition
  - A) Regulation
  - B) The prohibition of article 101 TFEU
    - i. The parties
    - ii. The single economic entity doctrine
    - iii. Corporate reorganization and business selling
    - iv. The forbidden conduct
    - v. Effect of the conduct
- 2.2. Legal consequences of the infringement: nullity
- 2.3. Efficiency defense
  - A) The first condition: the improvement in production or distribution of goods or in technical or economic progress
  - B) The second condition: the fair share of the benefits between the consumers and the parties of the agreement or the concerted practice
  - C) The third condition: indispensability of the restriction
  - D) The fourth condition: preserving effective competition
- 2.4. Block exemptions regulations and guidelines
Third Chapter. Abuse of a dominant position
- 3.1. Prohibition of the abuse of a dominant position
  - A) Regulation
  - B) The acts that are not allowed
    - i. Dominant position and its abuse
    - ii. The conduct that is prohibited under article 102 TFEU
    - iii. The effect that is required
    - iv. Parties subjected to article 102 TFEU. Collective dominance
  - C) The effects of breaking article 102 TFEU
- 3.2. Objective justification: treatment of efficiencies and justifying / mitigating factors
- 3.3. The case of technology-intensive sectors
  - A) Article 102 TFEU
  - B) Article 101 TFEU and Regulation 772/2004
  - C) Technology pools
- 3.4. State action: enforcement against public bodies and monopolies
  - A) Article 4(3) TEU
  - B) Article 37 TFEU
  - C) Article 106(1) TFEU
    - i. Parties that may infringe the article 106(1) TFEU
    - ii. Acts that are prohibited under article 106(1) TFEU
    - iii. The remedies that are available under article 106(1) TFEU
Fourth Chapter. Merger control
- 4.1. Concept of merger
  - A) The main rules
  - B) Aim of the concentration control
  - C) The concept of a merger
    - i. Asset control acquisition
    - ii. Sole control
    - iii. Joint control
    - iv. Full-function joint venture undertakings
    - v. Exceptions to the concentration control
- 4.2. EU and national filing thresholds and calculation of turnover for merger control purposes
  - A) Exclusive jurisdiction: the one-stop shop principle
  - B) The thresholds to establish European Union dimension
  - C) The concept of the undertaking concerned in relation to the merger control
  - D) The relevant date for establishing jurisdiction
  - E) The calculation of the turnover
  - F) The thresholds contemplated by the Spanish competition law
- 4.3. The compatibility assessment: SIEC test and competition forecasts
  - A) The factors that are taken into account in the Commission assessment
  - B) The SIEC test
  - C) Collective dominance
  - D) Criteria for horizontal mergers
  - E) Failing firm defense
  - F) The HHI test
  - G) The assessment of vertical mergers
  - H) Mergers with conglomerate effects
  - I) Ancillary restraints
- 4.4. Procedure before the European Commission: pre-notification, Phase I, Phase II and remedies
  - A) Notification and suspension
  - B) Procedure stages
  - C) Remedies
- 4.5. Procedure before national competition authorities and multijurisdictional mergers
  - A) The procedure before the Spanish competition authorities
  - B) Multijurisdictional mergers
    - i. Prenotification referrals
    - ii. Posnotification referrals
    - iii. The legitimate interest clause
- 4.6. Challenges to merger control decisions and damages awards
  - A) Acts that can be challenged and appealed
  - B) Interim measures
  - C) Standing
  - D) The standard of review
  - E) The expedited procedure
  - F) Damage claims
Fifth Chapter. State aid control and services of general economic interest
- 5.1. Concept of state aid
  - A) Main rules
  - B) Definition of state aid
- 5.2. Market economy investor principle, exemptions and justifications for state aid
  - A) The prudent investor principle
  - B) Exemptions set forth in article 107(2) TFEU
  - C) Exemptions under article 107(3) TFEU
  - D) Other block exemptions
- 5.3. State aid related to services of general economic interest
  - A) Relevant rules
  - B) Definition of a service of general economic interest
    - i. Meaning of entrusted
    - ii. Revenue-producing monopolies
    - iii. SGEIs
  - C) The exemption contemplated in article 106(2) TFEU
    - i. The obstruction of the performance of the SGEI tasks
    - ii. The absence of effect on trade contrary to the interests of the Union
  - D) Compensation for SGEI tasks
- 5.4. Procedure before the European Commission and eventual recovery of illegal state aid
  - A) Relevant procedure rules
    - i. Existing aid
    - iii. New aid
  - B) Recovery
  - C) Exception established in article 108 (2) TFEU
- 5.5. Private enforcement of state aid rules
  - A) Enforcement by European institutions
  - B) Enforcement by national courts
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