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European Competition Law

A Case Commentary, Second Edition

Edited by Weijer VerLoren van Themaat and Berend Reuder

This updated second edition explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The book’s unique structure enables users to quickly locate information on procedural and substantive aspects of competition law. Containing an article by article overview of EU competition law jurisprudence and concise selected extracts from judgments in key cases, this book serves as an easy to navigate resource for practitioners, academics and competition authorities themselves.
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CONTENTS

A Case Commentary, Second Edition

List of contributors

Preface

Table of cases

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   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

Annex

Index