Show Less
You do not have access to this content

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.
Show Summary Details
This content is available to you

INDEX

A Case Commentary, Second Edition

ability to pay fines 13.175–7, 24.110, 26.27

see also fines

absence of intention to pay fines 14.175

see also fines

access

citizens’ right of access to documents 13.238

essential facilities and access time 5.95–6

file in criminal proceedings 24.92–4

right to access to a lawyer 24.119–25

rights to courts or tribunals 24.57–61

service provision and access time 5.94

accessibility of law, ECHR, respect for private and family life (Article 8) 19.22

acquisition of brand rights 14.89

see also brands

acquisition of control see control

acquisition by one company of an equity interest in a competitor 4.160

acquittal, final, and right not to be tried or punished twice for same criminal offence 27.07–8

administrative procedure

ECHR, full review of sanctions by an administrative court 24.51–6

ECHR imposition of fines by an administrative body 24.69–75

representation in administrative procedure, Regulation 1/2003 13.204–5

right to good see Charter, right to good administration (Article 41)

adversarial proceedings principle see ECHR, right to a fair trial (Article 6), fair trial, adversarial proceedings principle

advertising

restrictions 4.300

television advertising 9.01

trade association campaigns 10.18

agency agreements, cartel prohibition 4.276–81

agent and principal agreements 4.61, 5.122

aggravating circumstances, implementation of rules of competition 13.138–45

agreement conception, cartel prohibition see TFEU, Article 101 and cartel prohibition, agreement concept

agreements, and concerted practice concept 4.96, 4.114–24

agriculture policy 17.01, 17.02, 17.11

banana market 4.153, 5.26, 5.34, 5.130

cartel prohibition 4.07

cheese market 4.233

common agricultural policy 17.01, 17.04, 17.11, 17.14–17

exclusive supply obligation 17.08

fertilizer market 4.237, 5.31, 14.15, 14.52

livestock insemination centres 9.16

pig meat market 10.76

potash market 14.15, 14.52

product markets see Regulation 1308/2013, common organisation of markets in agricultural products

wine production 10.77

see also fisheries sector; food and drink sector

aid notification, TFEU, Article 108 see TFEU, Article 108, notification of aid

aid prohibition, TFEU, Article 107 see TFEU, Article 107, aid prohibition

air transport

air carriers, non-commercially viable routes 9.36

air navigation safety 4.51

airport charges 9.53, 10.25

airport management services 5.59, 5.124

cartel prohibition 4.08–9

civil air transport installations 4.45

dominance abuse 5.03, 5.47, 5.59

in-flight magazine 14.173

international air transport services between Community airports 4.09

Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2) 14.13, 14.76

Regulation 139/2004, control of concentrations between undertakings, turnover calculation (Article 5) 14.131

tariffs 2.06–7, 2.10

travel agent commission on airline tickets 5.80

see also transport

annulment decisions

action, TFEU, Article 108 see TFEU, Article 108, notification of aid, annulment action

and Commission liability 14.79–81

contested decision, hearings of parties 13.226, 13.231

inspection decision, right to a fair trial 24.65

no obligation to remand to a different body following 24.75

Regulation 1/2003 13.04, 13.169, 13.226, 13.231

another person, proceedings against a decision addressed to 11.91, 11.95, 11.98, 11.97

Anton Piller order, UK 19.20, 19.48

appeal

sanctions open to 24.69–72

setting aside of judgment under 24.116

by third party possible, Regulation 139/2004, control of concentrations between undertakings, referral to competent authorities of Member States 14.161

unlimited jurisdiction on 13.249–50

appraisal of concentrations, Regulation 139/2004 see Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2)

ARPU (average revenue per unit) calculation, horizontal mergers 14.53

assistance, granting assistance to Commission officials, inspection powers 13.61

association of undertakings

calculation turnover 13.168, 13.177

chartered accountant undertaking training 4.66

and competition restriction 4.152, 4.179–82, 25.11

concept 4.63–7, 4.125–9, 5.53

FIFA as 5, 55, 4.139

and single continuous infringement 4.116

trade union association as 4.17

see also undertakings

atomic energy 4.07

Austria

home-delivery services 5.41

judicial searches 19.44

mobile telephone charges 9.54

automobiles see vehicles

autonomy

concept 24.14–15

conduct that restricts competition 4.138

national procedural 8.02

principle 24.09

banana market 4.153, 5.26, 5.34, 5.130

see also agricultural policy

banking

guarantees 13.220

MasterCard scheme 4.129, 4.227, 4.231

mergers 14.47

savings deposits and maximum rates of interest 2.09

sector, TFEU, Article 101 and cartel prohibition, competition restriction 4.150

transfers 4.11, 4.103

bankruptcy, and aid recovery 11.121–3

beer supply agreements 4.161, 4.206, 4.311

Belgium

air tariffs 2.07

airport charges 10.25

BMW dealership 4.78, 15.08

CD-Contact Data and Nintendo 4.77

FEDETAB and tobacco imports 4.63, 4.70, 4.125, 4.239

international removal services 4.121, 4.197–8

judicial searches 19.42

shipbuilding and ship conversion aid 10.145

travel agencies 4.276

vehicle approval services 5.16

bidding, collusive 13.108

bidding markets (tenders) 9.34, 10.114, 14.37–40

block exemptions

and dominance abuse 5.154

exclusive supply contract and block exemption, Regulation 330/2010, vertical agreements 15.15

hardcore restrictions removing benefit of 16.09

restriction removing benefit see Regulation 330/2010, vertical agreements, restrictions removing benefit of block exemption (Article 4)

book sales 2.03, 4.10, 14.166

branding

acquisition of brand rights 14.89

brand name dominance and refusal to supply 5.93

chocolate brands 14.44

equity and product differentiation 5.48

single branding 4.310–11

breach of reserved area, TFEU, Article 106, public undertakings 9.09

breach of the rights of the defence complaint, Regulation 1/2003, implementation of rules of competition, hearings of parties, complainants and others (Article 27) 13.223–4

breaking a seal, Regulation 1/2003, implementation of rules of competition, fines (Article 23) 13.67

brewery sector, new entry issues, TFEU, Article 101 and cartel prohibition, competition restriction 4.161

broadcasting

control of concentrations between undertakings 14.128, 14.198

and dominance abuse 5.20, 9.14

intellectual property rights and broadcaster decoding 4.308

public undertakings 9.14

radio equipment, type approval requirements 9.17

television advertising 9.01

television broadcasting of horse-racing 5.108

television broadcasting of musical works 5.120

television programme listings 5.20, 5.106

TV broadcasting market 14.18

see also media

bundling

and dominance abuse 5.84–7

leverage a strong position from one market to another 14.66

of similar contracts and new entrant issues 4.161

burden of proof see proof, burden of

business

discrimination between business partners 5.125

freedom to conduct 20.01

premises, right to protection of 19.12–13

secrets 13.234–5, 13.237, 13.239

call option, control of concentrations between undertakings 14.91, 14.113, 14.134

capital

injections and aid prohibition 10.91–101

international movement 4.11

investment as entry barrier 5.34

see also economic activity

cars see vehicles

cartel prohibition

TFEU, Article 101 see TFEU, Article 101 and cartel prohibition

TFEU, Article 102 see TFEU, Article 102, cartel prohibition

carton market 14.67

cash register spares 5.84

censorship, retroactive 4.300

certification

services for public works contracts 4.54

systems and standards 4.258–9

chain of substitution 14.27–8

see also substitution

Charter Article 47 applicability, ECHR, right to a fair trial (Article 6) 24.07

Charter, equality before the law (Article 20) 22.01–7

finding of an infringement 22.02

fine calculation by Commission 22.04

fine review by EU courts and unlimited jurisdiction 22.05–7

leniency rebate 22.03

Charter, field of application (Article 51) 28.01–2

Charter, freedom to conduct a business (Article 16) 20.01

Charter, level of protection (Article 53) 30.01

Charter, presumption of innocence and rights of defence (Article 48) see ECHR, presumption of innocence and rights of defence (Article 6)

Charter, principles of legality and proportionality (Article 49) see ECHR, no punishment without proper law (Article 7)

Charter, respect for family life (Article 7) see ECHR, respect for private and family life (Article 8)

Charter, right not to be tried or punished twice for same criminal offence (Article 50) see ECHR, right not to be tried or punished twice for same criminal offence (Article 4 Protocol 7)

Charter, right to a fair trial (Article 47) see ECHR, right to a fair trial (Article 6)

Charter, right to good administration (Article 41) 23.01–30

exculpatory documents 23.29

file access 23.25–30

fines, level of 23.20–21

legal certainty requirement 23.03

notification of statement of objections 23.04

reasonable period 23.01–9

reasonable period, assessment in respect of administrative proceedings 23.07–8

reasonable period, consequences of failure to adopt decision within a reasonable period, EFTA court 23.09

reasonable period, test 23.02–6

right to be heard 23.14–15, 23.17–21, 23.25

rights of defence 23.10–30

rights of defence, preliminary enquiries applicability 23.13

statement of objections 23.16–24

unlimited jurisdiction in reviewing fine 23.09

Charter, right to property (Article 17) 21.1

Charter, scope and interpretation of rights and principle (Article 52) 29.01–4

exceptions 29.01–3

explanations 29.04

proportionality of interference 29.02

chartered accountants 4.53, 4.66

cheese market 4.233

see also agriculture policy

chemical sector 13.184

chocolate brands 14.44

see also branding

cigarettes see tobacco

citizens’ right of access to documents 13.238

see also access; documents

civil rights, determination of 24.08–13

clandestine contact between traders 25.10

closeness of competition, horizontal mergers 14.37–44

closeness of substitution, horizontal mergers 14.39

coffee espresso machines 14.43

collective bargaining 4.14–17

collective dominance

dominance abuse 5.49–56, 5.136

horizontal mergers 14.56, 14.57, 14.58, 14.81

theory 14.06

see also dominance abuse

collusion, collusive bidding 13.108

commercial information exchange 4.100

see also information

commercial interests, protecting 5.141–4

commercial lease agreement 4.154

commercial vehicle replacement 10.43

see also vehicles

Commission

competence in case of amendment of proposed concentration 14.02

competences, Commission versus Member States 14.193–5

decision powers see Regulation 139/2004, control of concentrations between undertakings, powers of Commission decision (Article 8)

failure to provide information within period fixed by Commission decision 14.174

investigation by 14.139–40

liability, annulment of decision 14.79–81

powers 9.46–54, 14.195

referrals 14.196–8

right to be heard, after concentration has been notified to Commission 14.188

commission income 13.194

common agricultural policy 17.01, 17.04, 17.11, 17.14–17

see also agricultural policy

communications apps 14.55

see also technology

compatibility

assessment, formal investigation procedure 11.18–21, 11.23, 11.24, 11.28–9, 11.36–8

concentrations with the common market 14.06

with internal market 10.126, 10.127–45

with rule of law 19.24–8

competences, Commission versus Member States 14.193–5

competition

authority searches see under ECHR, respect for private and family life (Article 8), interference justification, disproportionate national systems

closeness, horizontal mergers 14.37–44

competitors in non-Member countries, TFEU, Article 101 and cartel prohibition 4.20–21

concept see TFEU, Article 101 and cartel prohibition, competition concept

and concerted practice concept 4.109

distortion 10.54–7

and EEA Agreement 4.164

effect to prevent, restrict or distort 4.156–64

elimination, and abuse of dominance 5.05–6

elimination, horizontal mergers 14.48, 14.49–52

non-competition clauses 4.269–71

restrictions see TFEU, Article 101 and cartel prohibition, competition restriction

restrictions, and association of undertakings 4.152, 4.179–82, 25.11

ruinous 4.31

rules, and aid prohibition 10.81

rules implementation, Regulation 1/2003 see Regulation 1/2003, implementation of rules of competition

rules and State aid 10.81

uniform application of competition law 13.36–7

complaints

obligation of Commission to address 11.51

received by Commission, aid notification 11.123–4

complexity of dispute, right to a fair trial 24.111–12

compulsion, testimony obtained under 25.29, 25.30–32, 25.44

computer software and third party licence to use a product 5.110

see also technology

concentrations between undertakings see Regulation 139/2004, control of concentrations between undertakings

concerted practice

cartel prohibition see TFEU, Article 101 and cartel prohibition, concerted practice concept

causal link, presumption of innocence and rights of defence 25.18–20

ECSC Treaty 4.108

as having anti-competitive object 4.147

concurrence of wills

as agreement, and cartel prohibition 4.68–77, 4.84, 4.87

and vertical agreements 4.274

concurrent sanctions 13.164–5

conduct of applicant and conduct of court, right to a fair trial (Article 6) 24.110

conferred powers principle 8.02

confidentiality

information 13.233, 13.239, 14.181, 14.189

lawyer-client 1.55

procedure protection 13.55–6

written communications 13.51–2, 13.56

conglomerate mergers 14.64–9

see also mergers

consecutive acquisitions 14.132–5

constraints associated with use of languages 24.110

consumers

consumer protection associations and ‘sufficient interest’ 14.187

customer-sharing and price-fixing 13.153

direct access to sources of production 4.28

direct benefit for 4.228–31

horizontal mergers and cultural diversity 14.54

MasterCard scheme and benefit to consumers 4.227, 4.231

price information known by 4.268

contestable market, and abuse of dominance 5.147

continuing or repeated infringements 13.17–20, 13.213–14, 13.216

continuity, legal and economic 13.197–203

contract bundling see bundling

contract to contractor other than lowest bidder 4.248

contractual relations between suppliers and their approved distributors 16.05

contractual veto rights 14.91

control

acquisition of control by the State 14.109–10

change from joint to sole control 14.11–13

joint control 14.95–8, 14.105–7

sole control, see Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), sole control

cooperation

agreement between producer and wholesaler 4.232, 4.238

competition concept 4.29, 4.32

cooperative purchasing association 4.179

criteria, concerted practice concept 4.97

duty of genuine, aid recovery 11.111–12

implementation of rules of competition, inspection powers 13.31–2

obligation of active cooperation, information requests 19.55

obligation of sincere cooperation 24.36

coordination

competition concept 4.29, 4.32

and concerted practice concept 4.97

effects assessment, appraisal of concentrations 14.78

effects, horizontal mergers 14.56–60

effects, non-horizontal mergers 14.63

copper market 14.16, 14.21, 14.28, 14.58

copyright

musical composers 5.102, 5.120

and refusal to supply 5.99–100, 5.102–3

sound recordings 5.99

see also intellectual property rights

correspondence, respect for 19.09–10

see also documents

cosmetics, internet sales ban 4.305

countervailing buyer power 14.61

see also mergers

courts

access rights 24.57–61

conduct of 24.110

national courts, cooperation with 13.34–5

see also national courts; tribunals

credit information exchange 4.267

credit institutions 10.29, 14.127

criminal proceedings

access to file 24.92–4

right not to be tried or punished twice for same criminal offence 27.03–5

right to a fair trial see ECHR, right to a fair trial (Article 6), criminal charge

criminal sanctions, non-retroactivity of 26.09–10, 26.16

crisp bread market 14.41

see also food and drink sector

cross-subsidisation, aid prohibition 10.105

cultural diversity effects 14.54

customers see consumers

customs agents’ activities 4.42

customs searches 19.40

Czech Republic

banking sector 4.150

competition authority searches 19.46

damages

and aid notification 10.125

civil action for 24.36

claims against EU 24.116

claims, and failure to adjudicate within a reasonable period 24.117

compensation, and aid prohibition 10.125

data protection 4.52, 13.239

see also information

dawn raids 24.63–5

de facto control of concentrations see Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), de facto control

‘de facto control/economic dependence’ arguments, turnover calculation (Article 5) 14.137

de facto prohibition on sales via internet in selective distribution agreements 15.06–12

de minimis notice 4.175, 10.65–6, 13.21

dealers, conditions for admission of 17.05

dealing agreements with third country laws 4.19

see also third countries

debt arrangement, aid prohibition 10.102, 10.115

defence

breach of rights 13.223–4

respect for the rights of 9.49, 13.87

rights of, inspection powers (Article 20) 13.47, 13.51

rights of 14.80, 23.10–30, 25.23–4

rights of, preliminary enquiries applicability 23.13

rights of, and presumption of innocence see ECHR, presumption of innocence and rights of defence (Article 6)

deferred powers

decisions of the executive 24.49–50

Member State responsibility 18.17–25

Deggendorf-doctrine 11.90

democratic society necessity, respect for private and family life 19.32–52

Denmark, fertilizer market 5.31

derogation

exceptional derogation from Treaty rules 9.26–45

suspension of concentrations 14.149–52

TFEU, Article 106, public undertakings, exceptional derogation from Treaty rules 9.26–45

determination of civil rights 24.08–13

deterrence effect 13.120–22, 13.162, 24.19, 24.21–2

diamonds and exclusive purchasing 5.72

differentiated markets, dominance abuse 5.18–20

differentiation, product 5.48, 14.40–44

digital map databases 14.10, 14.63

see also technology

direct action against decision adopted by a Community institution 11.79, 13.12, 13.219, 13.236, 13.240

direct effect

aid prohibition 10.71–4

cartel prohibition 4.01–2, 5.01

disclosure

relevant evidence 24.93

to competitor of course of conduct 4.99

see also information

discounts

and dominance abuse 5.145–6

practical effect of thresholds for 5.78

quantity discount effect circumstances 5.79

discretionary powers 4.238, 8.05, 10.37, 10.142, 13.73, 13.75, 13.78, 13.81, 13.151–2

margin of discretion 13.77, 13.243

discrimination between business partners 5.125

discriminatory pricing predation 5.89

disproportionate national systems see ECHR, respect for private and family life (Article 8), interference justification, disproportionate national systems

distancing, undertaking publicly distancing itself from agreement or concerted practice 13.06–9

distortion of competition 10.54–7

see also competition

distribution system

contractual relations between suppliers and their approved distributors 16.05

de facto prohibition on sales via internet in selective distribution agreements 15.06–12

exclusive distribution 4.306–9

protection, motor vehicle sector 15.10–11

spare parts 5.17, 5.84–6, 5.104–5

unauthorised distributors definition 15.07

unilateral conduct 4.78–80, 4.82, 4.84–5

divestitures beyond geographical markets 14.147

dock work 9.15, 9.21

see also transportation

documentation

citizens’ right of access to documents 13.238

correspondence, respect for 19.09–10

failure to communicate a document 23.29

order to submit information or documents 25.36–43

preparatory documents 13.54

privileged correspondence between lawyer and client 13.53–4

probative data 4.112, 13.13–14

sealed envelope procedure 13.56, 19.59

written communications see written communications

see also file access; information

dominance abuse

collective see collective dominance

tariff approvals that lead to dominance abuse 9.18

TFEU, Article 102 see TFEU, Article 102, and abuse of dominance

double mark-up elimination 14.75

dual membership prohibition 4.179

duration of infringement see gravity and duration of infringement

ECHR, ne bis in idem principle 13.190

ECHR, no punishment without proper law (Article 7) 26.01–27

‘economic continuity’ test 26.24

foreseeability, EU courts 26.15–18

foreseeability, European Court of Human Rights 26.13–14, 26.17–18

gravity of infringements, determination of 26.21

joint and several liability 26.27

legality principle 26.01–7

legality principle, EU courts 26.05–7

legality principle, European Court of Human Rights 26.01–4

non-retroactivity of criminal sanctions 26.09–10, 26.16

penalty concept 26.08

personal liability principle 26.24–7

proportionality 26.19–23

retroactivity of the more lenient sanction, EU courts 26.12

retroactivity of the more lenient sanction, European Court of Human Rights 26.11

turnover of undertaking and calculation of fine 26.19, 26.22–3

ECHR, obligation to respect human rights (Article 1) 18.01–25

equivalence finding 18.23

equivalent guarantees 18.21–5

grant of exequatur for Commission Decision imposing a fine 18.24

international law sources 18.13–14

interpretation methods 18.02–14

as living instrument 18.04–5

Member State practice 18.12

Member State responsibility when deferring powers to EU 18.17–25

no binding effect vis-à-vis the EU 18.15

no binding effect vis-à-vis the EU as holder of powers 18.16

preliminary reference procedure 18.25

right to a fair trial 18.08

supplementary means of interpretation 18.03, 18.11

supra-national human rights treaty 18.01

two-step test, general level and protection in the individual case concerned 18.22

Vienna Treaty on the Law of Treaties 18.03, 18.06–13

ECHR, presumption of innocence and rights of defence (Article 6) 25.01–46

burden of proof 25.04–7, 25.11, 25.15

causal link in case of a concerted practice 25.18–20

clandestine contact between traders 25.10

degree of severity of the ensuing penalties 25.09–10

EU courts 25.09–14

European Court of Human Rights 25.01–8

legal certainty principle 25.17

obligation to answer truthfully under oath 25.35

obligation to give the name of the driver of a registered vehicle 25.39

obligation to indicate one’s whereabouts at a given time 25.34

obligation to mention the privilege against self-incrimination 25.46

obligation to provide information concerning the origin of certain income 25.38

order to submit information or documents 25.36–43

order to submit information or documents, EU courts 25.40–43

order to submit information or documents, European Court of Human Rights 25.36–9

parent company liability 25.16–17

participation in a meeting with an anti-competitive character 25.21

privilege against self-incrimination and right to remain silent 25.25–45

reversible presumptions of fact or law, possibility of use of 25.03

right to remain silent, inferences drawn from 25.44–5

right to remain silent stricto sensu25.33–5

rights of defence 25.23–4

testimony obtained under compulsion 25.29, 25.30–32, 25.44

ECHR, respect for private and family life (Article 8) 19.01–59

respect for correspondence 19.09–10

respect for the home 19.01–8

respect for the home, EU Court of Human Rights 19.01–4

respect for the home, EU Courts 19.05–8

respect for privacy of telephone calls 19.11

ECHR, respect for private and family life (Article 8), interference justification 19.13–55

absence of prior judicial search authorisation sufficiently compensated by other safeguards 19.55

accessibility 19.22

in accordance with the law 19.17–28

in accordance with national laws 19.19–21, 19.25, 19.39–53, 19.55, 19.57

in accordance with national laws, non-compliant Finnish system 19.27–8

Community law guarantees 19.53

compatibility with rule of law 19.24–8

democratic society necessity 19.32–52

EU system assessment 19.53–5

explanatory notes 19.55

foreseeability 19.23

and judicial review 19.53, 19.55

lawyer-client confidentiality 1.55

legal privilege 19.56–9

legal privilege, EU courts 19.57–9

legal privilege, European Court of Human Rights 19.56

legitimate aim 19.29–30

obligation of active cooperation 19.55

penalty payments 19.57, 19.59

prior judicial authorisation, importance of 19.37–8

proportionality test 19.35–6

reasonable suspicion requirement 19.54

right to legal representation 19.53, 19.56, 19.59

right to protection of business premises 19.12–13

safeguards, adequate 19.33–4

sealed envelope procedure 19.59

search and seizure as serious interference 19.26

statement of reasons 19.55

two-step test 19.35–6

written communication between lawyer and client 19.56, 19.57–9

ECHR, respect for private and family life (Article 8), interference justification, disproportionate national systems 19.39–47

Austrian judicial searches 19.44

Belgian judicial searches 19.42

Czech competition authority searches 19.46

French competition authority searches 19.47

French competition searches according to former legislation 19.41

French customs searches 19.40

German judicial searches 19.39

Romanian judicial searches 19.45

Russian judicial searches 19.43

ECHR, respect for private and family life (Article 8), interference justification, proportionate national systems 19.48–52

French competition authority searches 19.52

Swiss searches under telecommunications legislation 19.49

UK Anton Piller order 19.20, 19.48

UK judicial searches 19.50

ECHR, right not to be tried or punished twice for same criminal offence (Article 4 Protocol 7) 27.01–9

criminal proceedings 27.03–5

criteria 27.03–4

final acquittal or conviction in the first proceedings 27.07–8

non bis in idem principle 27.01–2, 27.05–7

same offence, understanding of 27.06

tax penalties and criminal penalties combined 27.05

tried or punished again, understanding of 27.09

ECHR, right to a fair trial (Article 6) 18.08, 23.09, 23.29, 24.01–130

access rights to courts or tribunals 24.57–61

access rights to courts or tribunals, restrictions 24.60–61

autonomy principle 24.09

Charter Article 47 applicability 24.07

civil rights and obligations 24.08–13

right of silence 13.45

right to access to a lawyer 24.119–25

right to public hearing 24.118

social security proceedings 24.118

tax matters 24.12

ECHR, right to a fair trial (Article 6), criminal charge 24.14–27

autonomy concept 24.14–15

EU courts 24.21–7

European Court of Human Rights 24.14–20

fines for infringement of road traffic rules 24.16–17

fines for infringement of tax rules 24.18

hard core criminal law and other criminal charges, distinction between 24.22

moment when charge is brought 24.23–7

nature of offence 24.14

presumption of innocence 24.21

‘reasonable time’ from arrest to prosecution 24.25

rule of law 24.14

severity of offence, punishment and deterrence objectives 24.19, 24.21–2

ECHR, right to a fair trial (Article 6), effective remedy (Article 13) 23.09, 24.01–6, 24.62–5

annulment of inspection decision 24.65

dawn raids 24.63–5

EU courts 24.03–6, 24.65

European Court of Human Rights 24.02, 24.63–4

legal standard 24.62

ECHR, right to a fair trial (Article 6), fair trial 24.66–101

access to the file in criminal proceedings 24.92–4

applicability to pre-trial proceedings, European Court of Human Rights 24.66–8

effective judicial protection principle 24.72

entitlement to disclosure of relevant evidence 24.93

equality of arms 24.88–91

equality of arms, EU courts 24.91

equality of arms, European Court of Human Rights 24.88–90

exclusionary rule 24.95–6

imposition of fines by an administrative body 24.69–75

imposition of fines by an administrative body, EU courts 24.72

imposition of fines by an administrative body, European Court of Human Rights 24.69–71

imposition of fines by an administrative body, except in relation to serious charges 24.73

inspectors, functions performed by 24.68

lawfulness of having one and the same body investigate and fine 24.74

legality review 24.72

no obligation to remand to a different body following annulment 24.75

obligation to comply 24.72

obligation to state the grounds of a judgment 24.97–9

prosecution and punishment of minor offences 24.70

right to be heard 24.86

sanction open to appeal 24.69–72

waiver of rights 24.100–101

ECHR, right to a fair trial (Article 6), fair trial, adversarial proceedings principle 24.76–87

applicability when the court applies grounds of its own motion 24.84–7

EU courts 24.82–3, 24.85–6

European Court of Human Rights 24.76–81, 24.84–5

exceptions 24.87

ECHR, right to a fair trial (Article 6), full jurisdiction 24.43–56

assessment 24.46–56

equal treatment principle 24.55

full review of sanctions by an administrative court 24.51–6

full review of sanctions by an administrative court, EU courts 24.55–6

full review of sanctions by an administrative court, European Court of Human Rights 24.51–4

gravity and duration of infringement, and setting of fines 24.55

insufficiency in case of deference of the court to decisions of the executive 24.49–50

insufficiency of a pure constitutionality review 24.46

insufficiency of a review restricted to points of law 24.47–8

legal standard 24.43–5

reciprocity clause 24.50

unlimited jurisdiction exercise 24.55

ECHR, right to a fair trial (Article 6), independent and impartial tribunal 24.28–42

civil action for damages 24.36

economic assessments 24.36

following remandment 24.40–42

following remandment, EU courts 24.42–3

following remandment, European Court of Human Rights 24.40–41, 24.43

impartiality 24.37–42

independence 24.35–6

independence, EU courts 24.35–6

independence, European Court of Human Rights 24.35

legality review 24.36

objective and subjective test 24.38–9

obligation of sincere cooperation 24.36

tribunal concept 24.28–34

tribunal concept, EU courts 24.32–4

tribunal concept, European Court of Human Rights 24.28–31

ECHR, right to a fair trial (Article 6), legal aid 24.126–29

assistance by a lawyer and dispensation of the cost of proceedings 24.127

availability to a legal person 24.129

grant procedure 24.128

principle of effective judicial protection 24.129

right to an effective remedy 24.129

ECHR, right to a fair trial (Article 6), reasonable period 24.102–18

assessment 24.110–12

complexity of dispute 24.111–12

conduct of applicant 24.110

conduct of court 24.110

constraints associated with use of languages 24.110

EU courts 24.103

European Court of Human Rights 24.102

failure to adjudicate within a reasonable period 24.113–17

failure to adjudicate within a reasonable period, damages claims 24.117

failure to adjudicate within a reasonable period, EU courts 24.115–17

failure to adjudicate within a reasonable period, European Court of Human Rights 24.113–14

legal certainty requirement 24.111

legal standard 24.108–9

relevant period 24.104–7

setting aside of judgment under appeal 24.116

superseded case law providing for immediate redress 24.115

ECHR, right to property (Article 1 Protocol) 21.01

economic activity

assessments, independent and impartial tribunal 24.36

and cartel prohibition 4.38–54

‘de facto control/economic dependence’ arguments 14.137

development of certain, aid prohibition 10.142

economic agents, provision of 16.03

economic aim pursued by parties 14.104

‘economic continuity’ test, ECHR, no punishment without proper law (Article 7) 26.24

economic progress, promotion of 4.218–27

economic unit 4.55–62, 4.93–4

economic value and excessive pricing 5.118, 5.119

financial crisis and emergency aid 10.141

legal and economic continuity 13.197–203

legal and economic links 13.194–6

restrictions inherent to an object of economic interest 4.179–82

retail pharmacies and economic progress 4.222

strength measurement 5.07

value of royalties 5.117

see also capital; investment

ECSC Treaty 4.07, 4.32

agreement concept 4.71

concerted practices 4.108

and exchange of information 4.265

ne bis in idem principle 13.164

ECUs conversion 13.92

EEA Agreement

and competition restriction 4.164

evidence, nature of 13.13

joint and several liability for infringement 13.190

effect to prevent, restrict or distort competition 4.156–64

effective judicial protection principle 13.244, 13.246, 24.72, 24.129

effective remedy, right to a fair trial see ECHR, right to a fair trial (Article 6), effective remedy (Article 13)

efficiencies, and dominance abuse 5.138, 5.145–6

efficiency defence of mergers 14.74–8

see also mergers

efficient competitor test 5.83

electricity

distribution 5.50

imports 9.39

elimination of competition concerns 14.45–52, 14.142

employment

collective bargaining between employers and workers 4.14, 4.15

fixed-term employment contracts 10.122

procurement activities 4.39, 9.13

small businesses and protection of workers against unfair dismissal 10.06

standard of living and employment levels 10.127

energy transport network 5.96

enforcement measures

limitation period for the enforcement of penalties 13.218–20

TFEU, Article 103 6.01–3

entry barriers

and cartel prohibition 4.35

and dominance abuse 5.34–43

and fixed costs 5.42

and infrastructure 5.41

reduction 14.143

and standardization 5.43

environmental factors

anti-pollution surveillance 4.41

pollution and aid prohibition 10.138

taxation 10.45–6

equal treatment principle 10.19, 13.75, 13.81, 13.159–63, 24.55

equality of arms, right to a fair trial 24.88–91

equality before the law see Charter, equality before the law (Article 20)

equity

interest acquisition of competitor 4.160

veto rights over issuance of fresh 14.114

equivalent guarantees 18.21–5

see also guarantees

essential facilities and access time 5.95–6

EU Charter see Charter

EU courts

equality of arms 24.91

failure to adjudicate within a reasonable period 24.115–17

fine review and unlimited jurisdiction 22.05–7

following remandment, EU courts, ECHR, right to a fair trial (Article 6), independent and impartial tribunal 24.42–3

full review of sanctions by an administrative court, EU courts, ECHR, right to a fair trial (Article 6), full jurisdiction 24.55–6

imposition of fines by an administrative body 24.72

independence 24.35–6

legal privilege 19.57–9

legality principle 26.05–7

no punishment without proper law 26.12, 26.15–18

order to submit information or documents 25.40–43

presumption of innocence and rights of defence 25.09–14

respect for private and family life 19.05–8, 19.53–5

right to a fair trial, adversarial proceedings principle 24.82–3, 24.85–6

right to a fair trial, criminal charge 24.21–7

right to a fair trial, effective remedy 24.03–6, 24.65

right to a fair trial, reasonable period 24.103

tribunal concept 24.32–4

European Convention on Human Rights see ECHR

European Court of Human Rights

equality of arms, right to a fair trial 24.88–90

legal privilege, respect for private and family life 19.56

no punishment without proper law 26.01–4, 26.11, 26.13–14, 26.17–18

presumption of innocence and rights of defence 25.01–8, 25.36–9

respect for private and family life 19.01–4

right to a fair trial, adversarial proceedings principle 24.76–81, 24.84–5

right to a fair trial, applicability to pre-trial proceedings 24.66–8

right to a fair trial, criminal charge 24.14–20

right to a fair trial, effective remedy 24.02, 24.63–4

right to a fair trial, failure to adjudicate within a reasonable period 24.113–14

right to a fair trial, full jurisdiction 24.51–4

right to a fair trial, imposition of fines by an administrative body 24.69–71

right to a fair trial, independent and impartial tribunal 24.28–31, 24.35, 24.40–41, 24.43

right to a fair trial, reasonable period 24.102

European Regional Development Fund 10.133

evidence

assessment and standard of proof 4.113, 4.116

entitlement to disclosure of relevant 24.93

probative value of statements 13.13–14

Regulation 1/2003 13.04–5, 13.12–15

sufficient to demonstrate existence of infringement 13.04

supplemented by inferences 13.05

testimony obtained under compulsion 25.29, 25.30–32, 25.44

examination of notification see Regulation 139/2004, control of concentrations between undertakings, examination of notification and initiation of proceedings (Article 7)

exceptional derogation from Treaty rules

derogation 9.26–45

TFEU, Article 106, public undertakings 9.26–45

exceptions

Charter, rights and principle 29.01–3

equality of arms, right to a fair trial 24.88–91

exceptional circumstances for suspension 14.170

exceptional derogation from Treaty rules 9.26–45

right to a fair trial, adversarial proceedings principle 24.87

serious charge 24.73

excessive pricing 5.116–21

see also pricing

exchange rates and turnover 13.92

exclusionary rule, right to a fair trial 24.95–6

exclusive distribution 4.306–9

see also distribution system

exclusive licence agreement, intellectual property rights and broadcaster 4.308

see also broadcasting

exclusive purchasing 5.71–2

exclusive rights 5.76, 9.08, 9.15, 9.16, 9.19, 14.195

and state intervention 5.35–40

exclusive supply contract and block exemption 15.15

exclusive supply obligation, agricultural products 17.08

see also agricultural policy

exculpatory documents 23.29

see also documentation

exemptions

block see block exemptions

individual 5.154

TFEU, Article 101 see TFEU, Article 101 and cartel prohibition, exemptions

vertical agreements 15.02, 16.02–8

exequatur, grant of 18.24

exports

dock work 9.15, 9.21

maritime import and export operations 5.58

motor trade restrictions 4.172

port duties 9.20

preferential rediscount rate 10.116

prohibition 4.81–2

extraordinary general meetings insufficient to create control 14.119

see also meetings

failing firm defence 14.70–73

failure to communicate a document 23.29

see also documents

failure to notify a concentration 14.176–7

failure to provide information within period fixed by Commission decision 14.174

fair trial

obligation to respect human rights 18.08

right to see ECHR, right to a fair trial (Article 6)

see also presumption of innocence

family life, respect for see ECHR, respect for private and family life (Article 8)

FEDETAB and tobacco imports 4.63, 4.70, 4.125, 4.239

see also tobacco

fees

airport management services 5.124

levels charged in other Member States 5.121, 5.123

self-employed substitutes 4.17

fertilizer market 4.237, 5.31, 14.15, 14.52

see also agriculture policy

FIFA see under football

file access

criminal proceedings 24.92–4

equality of arms, right to a fair trial 24.88–91

right to good administration 23.25–30

see also documentation

final acquittal or conviction in the first proceedings 27.07–8

final price composition 4.100

see also pricing

financial activity see economic activity

financial crisis and emergency aid 10.141

financial institutions 4.267, 14.127

fines

ability to pay 13.175–7, 24.110, 26.27

absence of intention to pay 14.175

calculation by Commission 22.04

grant of exequatur for Commission Decision 18.24

and gravity and duration of infringement 24.55

immunity or reduction 13.24

imposition by administrative body 24.69–75

infringement of road traffic rules 24.16–17

infringement of tax rules 24.18

lawfulness of having one and the same body investigate and fine 24.74

publication of decisions 13.236

Regulation 1/2003 see Regulation 1/2003, implementation of rules of competition, fines (Article 23)

Regulation 139/2004 see Regulation 139/2004, control of concentrations between undertakings, fines (Article 14)

review by EU courts and unlimited jurisdiction 22.05–7, 23.09

right to good administration 23.20–21

and turnover of undertaking 26.19, 26.22–3

see also sanctions

Finland, non-compliant system 19.27–8

fiscal measures, aid prohibition 10.118–19

fisheries sector 10.78, 11.17

see also agriculture policy

‘fix-it-first’ commitment 14.141–2, 14.147

fixed price agreements 4.71

see also pricing

fixed-term employment contracts 10.122

see also employment

fixing amount, fines 13.68–176

flour additives sector 5.14

‘follow-my-leader’ role in infringement 13.128, 13.136

food and drink sector

banana market 4.153, 5.26, 5.34, 5.130

beer supply agreements 4.161, 4.206, 4.311

cheese market 4.233

crisp bread market 14.41

flour additives sector 5.14

lysine market 13.93

sugar market 4.102, 5.57, 13.197, 14.25

wine production 10.77

see also agriculture policy

football

broadcast licences for Premier League matches 4.149

FIFA as association of undertakings 4.139, 5.55

national associations that are members of FIFA 4.128

see also sports

foreclosure, non-horizontal mergers 14.62

foreseeability

no punishment without proper law 26.13–18

respect for private and family life, interference justification 19.23

France

airport management services 5.59

competition authority searches 19.41, 19.47, 19.52

customs searches 19.40

Expedia and de minimis notice 4.175

racing companies and PMU 4.136

social plans and financial assistance 10.36

franchise agreements 4.189, 4.211, 4.312–13, 14.136–7

free movement of goods 10.80

freedom of establishment and freedom to provide services 13.51

freedom of movement, sports and freedom of movement, TFEU, Article 46 4.18

freedom to conduct a business 20.01

see also business

full jurisdiction, right to a fair trial see ECHR, right to a fair trial (Article 6), full jurisdiction

full review of sanctions by administrative court 24.51–6

see also sanctions

fundamental rights, respect for 13.12

funeral services 9.12

gambling

horse-racing 4.136, 4.182

television broadcasting of horse-racing 5.108

and unclaimed winnings 10.07

gentlemen’s agreement 4.35, 4.68

geographic allocation of power 14.130–31

geographic market

and dominance abuse 5.22–5

land sales 10.107–13

price discrimination 5.127–31

size and fines 13.105–6

Germany

copyright laws 5.103

intellectual property rights 9.33

judicial searches 19.39

motor vehicle industry 4.279, 15.09–10

potash market 14.15

reunification effects 10.139

shipbuilding and marine and defence electronics 10.62

statutory health insurance scheme 4.49

tobacco distribution improvement 4.220

vehicle leasing contracts 4.277

zinc sheet manufacture 4.167

glass, float glass trade 14.27

good faith intention 14.129

grant procedure, legal aid 24.128

gravity and duration of infringement

and fines 13.75, 13.82–5, 13.96, 13.98, 13.101, 13.107–19, 13.134, 13.139, 13.148–53, 13.162, 13.173, 13.230, 24.55

implementation of rules of competition 13.03, 13.08, 13.10–11

limitation periods for the imposition of penalties 13.214

no punishment without proper law 26.21

Greece, maritime transport fares 13.159

green card system 9.11

grounds of judgment, obligation to state 24.97–9

guarantees

and aid prohibition 10.104

equivalent 18.21–5

respect for private and family life, interference justification 19.53

vertical agreements 4.302, 4.303

gun jumping 14.128

GUPPI (gross upward pricing pressure index) test 14.53

hardcore criminal law and other criminal charges, distinction between 24.22

hardcore restrictions removing benefit of block exemption 16.09

health

healthcare costs 4.16, 9.45

hospital building investment 10.68

insurance scheme 4.49

patient transport services 9.24

public ambulance service 9.43

public health protection and dominance abuse 5.140

services and medical care provision, Ireland 9.35

specialist medical services 4.44, 4.171

heard, right to be see right to be heard

hearings of the parties see Regulation 1/2003, implementation of rules of competition, hearings of parties, complainants and others (Article 27)

high-quality products, vertical agreements 4.288–9, 4.291

high-technology products 4.80, 5.27

see also technology

hold-up problem, appraisal of concentrations 14.75

home, respect for 19.01–8

home-delivery services 5.41

horizontal agreements

cartel prohibition see TFEU, Article 101 and cartel prohibition, horizontal agreements

mergers see Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), horizontal mergers

see also vertical agreements

horse-racing 4.136, 4.182

see also gambling; sports

human rights see ECHR headings

illegal practices, prices derived from 13.146–7

immunity, fine immunity or reduction 13.24

see also fines

impartiality see fair trial

implementation of rules of competition see Regulation 1/2003, implementation of rules of competition

imputability

aid prohibition 10.12–16

infringement on parent company/companies and conduct of subsidiaries 13.181–8, 13.195, 13.204–6

income, obligation to provide information concerning origin of certain 25.38

incorrect or misleading information 13.66–7, 14.173–5

see also information

independent and impartial tribunal see ECHR, right to a fair trial (Article 6), independent and impartial tribunal

independent lawyer, position and status 13.51

independent leasing companies 4.83

individual exemption, competition restriction 5.154

individual legal entity comprising undertaking 4.58

individual liability principle 13.157

individual rights, preservation of and aid notification 11.84

individualised targets, rebate schemes 5.80, 5.81

inferences, evidence supplemented by 13.05

information

confidentiality 13.233, 13.239, 14.181, 14.189

data protection 4.52, 13.239

disclosure effect 4.99, 4.106, 4.108, 4.110, 4.112–13, 24.93

exchange 4.100, 4.260–68, 13.33

incorrect or misleading 13.66–7, 14.173–5

obligation to give name of driver of registered vehicle 25.39

obligation to provide information concerning origin of certain income 25.38

order to submit information or documents 25.36–43

professional secrecy 13.232–5, 13.237, 13.239, 14.180–81

public authority and data storage and access 4.52

requests see Regulation 1/2003, implementation of rules of competition, information requests (Article 18)

requests, control of concentrations between undertakings 14.171–2

requests, relevance of market tests 14.172

see also documentation

‘infringements by object’ and ‘infringements by effect’, distinction between 4.146, 4.175

initiation of proceedings see Regulation 139/2004, control of concentrations between undertakings, examination of notification and initiation of proceedings (Article 7)

innocence, presumption of see presumption of innocence

input market, and dominance abuse 5.15–17

insolvency or liquidation of credit institution 10.29

inspection, annulment of inspection decision, ECHR, right to a fair trial (Article 6), effective remedy (Article 13) 24.65

inspection powers see Regulation 1/2003, implementation of rules of competition, inspection powers (Article 20)

inspectors, functions performed by 24.68

insufficiency, right to a fair trial, full jurisdiction 24.46–50

insurance

agencies’ rules 2.13

and cartel prohibition 4.11–12

companies 14.127

contracts and car repairs 4.151

industry supervision 4.133

scheme as economic activity 4.46

transport liability 14.31

intellectual property rights

copyright see copyright

and dominance abuse 5.95, 5.97–112, 5.148

exclusive licence agreement and broadcaster 4.308

Germany 9.33

patent rights 5.97, 5.107, 5.111, 5.112, 5.132

and public undertakings 9.32–3

trade-mark rights 5.97, 5.101

see also property rights

inter-trade agreements, TFEU, Article 107, aid prohibition 10.16

interest, savings deposits and maximum rates 2.09

interested parties, notification of aid 11.39–51

interference justification see ECHR, respect for private and family life (Article 8), interference justification

interim measures, Regulation 1/2003 13.26–8

International Covenant, right of silence 13.44

international law sources 18.13–14

international movement of capital 4.11

international removal services 4.121, 4.197–8

internet

cosmetics sales ban 4.305

de facto prohibition on sales via internet in selective distribution agreements 15.06–12

see also technology

interpretation

methods 18.02–14

rights and principle see Charter, scope and interpretation of rights and principle (Article 52)

interrelated transactions see Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), interrelated transactions

interrupted infringement 4.120

interruption of limitation periods for the imposition of penalties 13.215–16

intra-community trade 4.284, 13.106

investigation by authorisation or ordered by decision, choice between 13.58

investment

capital investment as entry barrier 5.34

hospital building investment 10.68

public sector investment funds 10.12

see also economic activity

Ireland

health services and medical care provision 9.35

television programmes and weekly programme information 5.20

irreparable damage threat 13.27–8

IT services 14.155

see also technology

Italy

certification services for public works contracts 4.54

energy transport network 5.96

motor vehicle manufacturer and supply quotas 4.273

national quota system 4.130

jet engines 14.78

see also transport

joint control see control

joint and several liability 13.189–93, 26.27

joint and several liability for infringement, EEA Agreement 13.190

joint ventures 4.59, 4.234, 14.121–5

judicial protection principle, effective 13.244, 13.246, 24.72, 24.129

judicial review

aid prohibition 10.23, 10.86, 10.139

cartel prohibition 13.245

dominance abuse 13.245

legality review 13.243–6

prior judicial authorisation, importance of 19.37–8

public undertakings 9.52

Regulation 1/2003 see Regulation 1/2003, implementation of rules of competition, judicial review (Article 31)

Regulation 1/2003, implementation of rules of competition, fines (Article 23) 13.86

Regulation 139/2004, control of concentrations between undertakings 14.178–9

and respect for private and family life, interference justification 19.53, 19.55

judicial searches see under ECHR, respect for private and family life (Article 8), interference justification, disproportionate national systems

judicial warrants, Regulation 1/2003, implementation of rules of competition, inspection powers 13.49

land sales 10.107–13

see also geographic market

language, constraints associated with use of 24.110

lawfulness principle 13.238

lawyers

fair trial, right to see ECHR, right to a fair trial (Article 6)

lawyer-client confidentiality 1.55

legal aid see ECHR, right to a fair trial (Article 6), legal aid

legal professional privilege 8.02, 13.51–7, 13.142, 19.55, 19.56–9

position and status as independent 13.51

right of access to 24.119–25

written communication between lawyer and client 19.56, 19.57–9

leasing companies 4.83

legal aid see ECHR, right to a fair trial (Article 6), legal aid

legal certainty principle 11.119, 13.211–13, 23.03, 24.111, 25.17

legal and economic continuity 13.194–203

legal framework, fines 13.71–5

legal professional privilege 8.02, 13.51–7, 13.142, 19.55, 19.56–9

see also lawyers

legal representation right 19.53, 19.56, 19.59

legal standard 24.43–5, 24.62, 24.108–9

legality of Commission decision 24.33

legality principle 26.01–7

legality review

judicial review 13.243–6

right to a fair trial 24.36, 24.72

TFEU, Article 263 13.244–6, 19.53, 24.36, 24.55, 24.65

leisure equipment 4.238, 10.67

see also sports

leniency

fines 13.131, 13.135, 13.171–4

grounds, Regulation 1/2003 13.14, 13.24, 13.45

judicial review 13.244

rebate 22.03

retroactivity of more lenient sanction 26.11, 26.12

leveraging, non-horizontal markets 14.66

liability, Regulation 1/2003 and fines 13.178–206

lignite deposits 9.10

limitation defence/duration 13.10–11

limitation periods for imposition of penalties see Regulation 1/2003, implementation of rules of competition, limitation periods for the imposition of penalties (Article 25)

limited review, Regulation 139/2004, referral to competent authorities of Member States 14.164

liquid gas distribution 14.49

liquidation of an undertaking 13.176

livestock insemination centres 9.16

see also agriculture policy

living standards, standard of living and employment levels 10.127

loans and interest rates 10.103

lysine market 13.93

see also food and drink sector

mail distribution 4.13, 9.09, 9.38, 9.44, 9.49, 14.26, 14.69

manufacturer’s guarantee restrictions 4.302

margin of appreciation, aid prohibition 10.85–8

margin of discretion 13.77, 13.243

see also discretionary powers

margin squeeze, dominance abuse 5.113–15

maritime import and export operations 5.58

see also exports

maritime transport fares 13.159

see also transport

markets

agricultural products see Regulation 1308/2013, common organisation of markets in agricultural products

bundling, horizontal mergers 14.66

cartel prohibition, exemptions 4.224

conduct and relationship of cause and effect 4.101–13

contestable 5.147

definition 5.13–26

differentiated 5.18–20

economy investor principle 10.22–39

entry delay of generic undertakings 4.155

entry and potential competition 4.37

exclusion agreements 4.155

foreclosure 5.147

geographic market, relevant 5.22–5

high market share, horizontal mergers 14.31–6

input market 5.15–17

interpenetration of national 4.28

power and dominance abuse 5.29–48

products belonging to different 5.18

relevant see Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), relevant market

share 14.33–6

share and market power 5.29–33

share threshold 15.03

share and turnover 13.93, 13.95–6, 13.98, 13.103–4, 13.138, 13.140, 13.159–60

shares and competitors, relationship between 5.08–11

sharing negotiations and joint intentions 4.73–7

sharing of 4.253–7

sharing or price-fixing agreements 13.108, 13.110–11

tests 14.172

transparency 14.56

maverick competitive force 14.45–8

maximum aggregate amount, fines 13.63

media

broadcasting see broadcasting

newspaper distribution 4.290, 4.295, 5.95

players and abusive bundling 5.87

meetings

between minority shareholder and management insufficient to create control 14.117

extraordinary general meetings insufficient to create control 14.119

lack of stable majority at 14.86

participation in a meeting with anti-competitive character 25.21

shareholder attendance rates 14.85

see also shareholders

Member States

acquisition of control by 14.109–10

action defence 5.149

aid notification, requirement to notify and standstill obligation 11.60–61, 11.87

aid prohibition, effect on trade between 10.58–70

aid prohibition, no effect on trade between 10.69–70

competences versus Commission 14.193–5

dominance abuse, effect on trade between 5.150–51

dominance abuse and trade limitations between 5.129–31

human rights obligation 18.12

intervention and exclusive rights 5.35–40

mergers and competent authority referral see Regulation 139/2004, control of concentrations between undertakings, referral to competent authorities of Member States

power of competition authorities 13.23–4

responsibility when deferring powers to EU 18.17–25

tariff fixing 10.124

see also national legislation; State aid; trade

mergers

banking 14.47

conglomerate 14.64–9

countervailing buyer power 14.61

efficiency defence of 14.74–8

horizontal see Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), horizontal mergers

rescue 14.70–71

vertical agreements 14.62–3

minimum retail prices 10.123

see also pricing

ministerial orders 2.08–9

minor offences, prosecution and punishment of 24.70

mitigating circumstances 13.80, 13.123–37

mobile telephony 9.54, 14.45, 14.149

see also telecommunications

motivation inspection decision 13.59–60

motor vehicles see vehicles

museums, local museum projects 10.70

music

appliances for cleaning gramophone records 4.166

composers’ copyright 5.102, 5.120

digital music services 14.54

sound recordings 5.99

television broadcasting of musical works 5.120

national courts

cooperation with 13.34–5

legislation 3.02, 3.07

role 11.83–90

see also courts

national insurance bureaux and green card system 9.11

national legislation

administrations, activity of assisting 4.51

cartel prohibition 4.51, 4.133, 4.136, 4.140

competition laws 13.21–2, 14.192, 17.17

disproportionate national systems see ECHR, respect for private and family life (Article 8), interference justification, disproportionate national systems

procedural autonomy 8.02

quota system 4.130

respect for private and family life, interference justification 19.19–21, 19.25, 19.27–8, 19.39–53, 19.55, 19.57

restrictions 2.02–5

and TFEU Article 101 see TFEU, Article 101 and cartel prohibition, national law relationship

see also Member States; State aid; trade

national preferences 14.18–19

ne bis in idem principle 13.164–70, 13.190, 27.01–2, 27.05–7

Netherlands

cheese market cooperative 4.233

electricity distribution 5.50

insurance agencies’ rules 2.13

oil products and rebate scheme 5.74

pension schemes 9.23, 9.42

postal services 9.49

professional body as regulatory body 4.65

standard of living and employment levels 10.127

TV broadcasting 14.198

Watts brand and restricted intra-Community trade 4.166

network effects 4.188, 14.55–61

new aid 11.01–3, 11.05–10, 11.12–15

new calculation method, fines 13.158

new entrants, bundle of similar contracts and new entrant issues 4.161

new product markets 4.222, 5.21, 5.106, 5.108, 5.110, 14.14

newspaper distribution 4.290, 4.295, 5.95

see also media

no binding effect 18.15–16

non-competition clauses 4.269–71

non-contractual liability 14.79

non-disclosure obligation, professional secrecy 14.181

non-discrimination, equal treatment principle 10.19, 13.75, 13.81, 13.159–63, 24.55

non-horizontal mergers see Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), non-horizontal mergers

non-profit-making associations 4.50

non-retroactivity of criminal sanctions 26.09–10, 26.16

Nordic countries

mail delivery services 14.26

telecommunications mergers 14.49

notification incorrect and misleading 14.175

notification of statement of objections 23.04

notified transactions 14.102, 14.101–4

nullity of agreements

agricultural cooperative 17.16

and cartel prohibition 4.201–9, 15.05

vertical agreements in the motor vehicle sector 16.02–3

nullum crimen, nulla poena sine lege (no crime without law) principle 26.01, 26.09, 26.16, 26.18

oath, obligation to answer truthfully under 25.35

objections, statement of 23.04, 23.16–24

obligations

active cooperation 19.55

answer questions relating to stock rates 25.33

answer truthfully under oath 25.35

Commission’s obligation to address complaints parties 11.51

give name of driver of a registered vehicle 25.39

indicate one’s whereabouts at a given time 25.34

mention privilege against self-incrimination 25.46

provide information concerning the origin of certain income 25.38

respect human rights see ECHR, obligation to respect human rights (Article 1)

sincere cooperation 24.36

state the grounds of a judgment 24.97–9

offence, same offence, understanding of 27.06

oil products 5.74, 15.05, 15.14–18

order to submit information or documents 25.36–43

see also documents; information

packaging fees 5.123

packaging products 5.13, 14.22

parallel behaviour

concerted practice concept 4.101, 4.103

exports 5.143

imports 4.77, 4.219, 4.294, 4.307, 16.05

notifications 14.08–10

trade agreements 4.77, 4.148

parent companies

decisive influence over subsidiary 13.180–81, 13.183–8

imputability of infringement on 13.181–8, 13.195, 13.204–6

joint ventures 4.59

liability 25.16–17

subsidiary’s failure to carry out parent company’s instructions 4.67

transfer from parent company to subsidiary 4.91–2, 4.94

particle board trade 14.20

patent rights 5.97, 5.107, 5.111, 5.112, 5.132

see also intellectual property rights

pay-for-delay, horizontal agreements 4.272

penalties

concept 26.08

degree of severity of ensuing 25.09–10

effectiveness 13.35

limitation period for enforcement of 13.218–20

limitation periods for imposition of see Regulation 1/2003, implementation of rules of competition, limitation periods for the imposition of penalties (Article 25)

precludes penalising more than once 13.167, 13.190

respect for private and family life, interference justification 19.57, 19.59

tax penalties and criminal penalties combined 27.05

pensions 4.15, 9.23, 9.42

compulsory membership of occupational pension fund 4.180

sectoral pension funds 4.43

supplementary pension benefits of medical specialists 4.171

personal liability principle 26.24–7

petroleum products 5.74, 15.05, 15.14–18

pharmaceutical products

company refusal to supply wholesalers involved in parallel exports, TFEU, Article 102, and abuse of dominance, abuse 5.143

cosmetics, internet sales ban 4.305

and dominance abuse 5.21

generic products, competition from 5.144

out of proportion to those previously sold 5.131

quinine price fixing 4.243

retail pharmacies and economic progress 4.222

photographic equipment dealers 4.294

pig meat market 10.76

see also agriculture policy

pipe sector, pre-insulated 13.159

plasterboard imports 5.76

plastics sector, TFEU, Article 102, and abuse of dominance, dominance 5.14

Poland, TEU, Article 6, Charter and ECHR 3.15

Portugal

airport charges 9.53

chartered accountant regulation 4.53

postal services 4.13, 9.09, 9.38, 9.44, 9.49, 14.26, 14.69

potash market 14.15, 14.52

see also agricultural policy

pre-existing agreements 2.09

pre-notification referrals 14.128–9

pre-trial proceedings 24.66–8

predatory pricing 5.88–91

see also pricing

preferential rediscount rate for exports 10.116

preferential tariffs 10.21

preliminary examination, aid notification 11.75–7, 11.87

preliminary reference procedure 18.25

preparatory documents 13.54

see also documentation

preservation of individual rights 11.84

presumption of causal connection 4.111, 4.113

presumption of innocence

criminal charge 24.21

principle, vertical agreements 4.274

Regulation 1/2003, implementation of rules of competition 13.05, 13.233

and right to a fair trial, criminal charge 24.21

and rights of defence see ECHR, presumption of innocence and rights of defence (Article 6)

see also fair trial

pricing

alignment on those previously charged by a competitor 5.142

announcements as evidence of price concertation 4.107

below average variable cost or below average total cost 5.88

common price list adoption 4.247

controls 4.135, 4.137

differences 14.17

discrimination 5.89, 5.124–8

excessive 5.116–21

final price composition 4.100

fixed price agreements 4.71

fixing 4.105, 4.121, 4.144, 4.163, 4.243, 4.250, 13.108, 13.110–11, 13.153, 17.11

geographic price discrimination 5.127–31

loss recoupment possibility, no requirement to show 5.90–91

minimum retail prices 10.123

objectives 4.252

predatory 5.88–91

production costs and excessive pricing 5.117

resale price clauses 4.281, 15.04–5

retail selling prices 2.04–5

see also profits; tariffs

prior judicial authorisation, importance of 19.37–8

prior judicial search, respect for private and family life, interference justification 19.55

prior notification of concentrations and pre-notification referrals 14.128–9

privacy

respect for privacy of telephone calls 19.11

respect for private and family life see ECHR, respect for private and family life (Article 8)

private investor

behaviour in comparable circumstances 10.28–9

of comparable size to public body 10.20

test 10.22, 10.23–5, 10.28, 10.29

TFEU, Article 108, notification of aid, formal investigation procedure 11.31

privatisation by tendering 10.114

privilege against self-incrimination and right to remain silent 25.25–45

privileged correspondence between lawyer and client 13.53–4

see also documentation

probative data 4.112, 13.13–14

see also documentation

procedure protection confidentiality 13.55–6

product differentiation 5.48, 14.40–44

product packaging 5.13, 14.22

production capacity increase 10.128

production costs 5.117, 13.100

production and distribution improvement 4.218–27

products belonging to different markets 5.18

products related to those covered by an agreement or practice 4.196

professional body acting as association of undertakings 4.64

professional body as regulatory body 4.65

professional secrecy 13.232–5, 13.237, 13.239, 14.180–81

profits

derived from illegal practices 13.146–7

rebates on retailers’ profit margins 4.169

see also pricing

prohibited measures, public undertakings 9.11–25

prohibition of sales between authorized dealers 4.301

proof

agreement between undertakings 4.84

evidence assessment and standard of 4.113, 4.116

Regulation 139/204, TFEU, Article 102, and abuse of dominance 14.154

proof, burden

aid notification of aid, formal investigation procedure 11.30

cartel prohibition 4.216, 4.226

presumption of innocence and rights of defence 25.04–7, 25.11, 25.15

Regulation 1/2003 13.01–11, 13.13, 13.181, 13.213–14

property rights 21.1

see also intellectual property rights

proportionality principle

cartel prohibition, exemptions 4.232–6

and interference 29.02

and legality see ECHR, no punishment without proper law (Article 7)

price fixing 17.11

public undertakings 9.36–45

Regulation 1/2003, implementation of rules of competition 13.30, 13.58, 13.75, 13.86, 13.97, 13.101, 13.121, 13.146–58, 13.161

respect for private and family life see ECHR, respect for private and family life (Article 8), interference justification, proportionate national systems

restorative measures 14.156

test 19.35–6

prosecution, ‘reasonable time’ from arrest to prosecution, ECHR, right to a fair trial (Article 6), criminal charge 24.25

prosecution and punishment of minor offences, ECHR, right to a fair trial (Article 6), fair trial 24.70

protection, Charter, level of protection (Article 53) 30.01

protection of business premises 19.12–13

see also business

protection of written communications principle 13.53

see also documentation

public authorities

cartel prohibition 4.52

data storage and access 4.52

employment procurement activities 4.39, 9.13

market economy investor principle 10.22–39

share capital owned by 10.26

public health see health

public hearing, right to 24.118

public interest protection 13.52

public law, trade association governed by 10.17–18

public sector investment funds 10.12

public service obligations 10.34–5

public undertakings

TFEU, Article 106 see TFEU, Article 106, public undertakings

TFEU, Article 107, aid prohibition 10.13–14, 10.30

public works, certification services for 4.54

publication of decisions see Regulation 1/2003, implementation of rules of competition, publication of decisions (Article 30)

publishers, book sales 2.03, 4.10, 14.166

punished twice, right not to be tried or punished twice for same criminal offence see ECHR, right not be tried or punished twice for same criminal offence (Article 4 Protocol 7)

punishment

minor offences 24.70

no punishment without proper law see ECHR, no punishment without proper law (Article 7)

objectives, right to a fair trial, criminal charge 24.19, 24.21–2

purchasing

cooperative purchasing association 4.179

exclusive purchasing 5.71–2

goods, economic activity issues 4.48

Share Purchase Agreement 14.105

PVC market 4.250

quality of control 14.100–3

quantity discounts 5.73, 5.79, 5.82

quinine price fixing 4.243

see also pharmaceutical products

quota agreements 4.130, 4.273, 13.108

radio equipment, type approval requirements 9.17

see also broadcasting

raw materials market 5.15, 5.92, 11.43, 13.100, 14.61, 17.10

reasonable grounds, inspection powers 13.48

reasonable period

right to a fair trial see ECHR, right to a fair trial (Article 6), reasonable period

right to good administration 23.01–9

reasonable suspicion requirement 19.54

reasonable time from arrest to prosecution 24.25

reasons, statement of, respect for private and family life, interference justification 19.55

rebate schemes see TFEU, Article 102, and abuse of dominance, abuse, rebate schemes

rebates on retailers’ profit margins 4.169

reciprocity clause, right to a fair trial 24.50

recovery of aid see TFEU, Article 108, notification of aid, recovery of aid

reference period calculation, rebate schemes 5.75

referral to competent authorities see Regulation 139/2004, control of concentrations between undertakings, referral to competent authorities of the Member States (Article 9)

refusal to supply see TFEU, Article 102, and abuse of dominance, abuse, refusal to supply

regional aid 10.133, 10.134–7

regional selectivity, aid prohibition 10.40

Regulation 1/2003, implementation of rules of competition 13.01–252

annulment of decision 13.04

Article 101 and time of entry into force of Treaty 4.27

bank guarantees 13.220

burden and standard of proof (Article 2) 13.01–11, 13.181

commitments (Article 9) 13.29–30

competition rules and State aid 10.81

cooperation (Article 11) 13.31–2

de minimis notice thresholds 13.21

designation of competition authorities of Member States (Article 35) 13.252

dispute concerning existence of infringement 13.11

economic unit and infringement of competition law 4.58

evidence, nature of 13.12–15

evidence, nature of, probative value of statements 13.13–14

evidence sufficient to demonstrate existence of infringement 13.04

evidence supplemented by inferences 13.05

fine immunity or reduction 13.24

fundamental rights, respect for 13.12

information exchange (Article 12) 13.33

infringement duration 13.03, 13.08

infringement, finding and terminating (Article 7) 13.25

insurance industry 4.12

interim measures (Article 8) 13.26–8

irreparable damage threat 13.27–8

leniency grounds 13.14, 13.24, 13.45

limitation defence/duration 13.10–11

limitation period for the enforcement of penalties (Article 26) 13.218–20

Member States, power of competition authorities (Article 5) 13.23–4

national competition laws (Article 3) 13.21–2

national courts, cooperation with (Article 15) 13.34–5

presumption of innocence 13.05, 13.233

prima facie case 13.26

professional secrecy (Article 28) 13.232–3

proportionality principle 13.30

single and continuous or repeated infringement 13.17–20

single and continuous or repeated infringement, continuous versus repeated infringement 13.19–20

tacit approval rules 13.08

transitional provisions (Article 34) 13.251

undertaking publicly distancing itself from agreement or concerted practice 13.06–9

uniform application of Community competition law (Article 16) 13.36–7

validity period of commitment decisions 13.29

Regulation 1/2003, implementation of rules of competition, fines (Article 23) 13.62–206, 24.36

ability to pay 13.175–7, 24.110, 26.27

aggravating circumstances 13.138–45

and annulment decisions 13.169

assessment conduct undertaking in relation to gravity infringement 13.148–53

assessment factors 13.82–122

associations of undertakings, calculation turnover 13.177

breaking a seal 13.67

chemical sector 13.184

classification of undertakings by category 13.161–2

commission income 13.194

compliance programmes 13.124

consequences of infringement 13.116–19

decisive influence by parent over subsidiary 13.180–81, 13.183–8

deterrence effect 13.120–22, 13.162

discretionary powers 13.81, 13.151–2

equal treatment or non-discrimination principle 13.75, 13.81

equality of treatment 13.159–63

exchange rates and turnover 13.92

fixing amount 13.68–176

‘follow-my-leader’ role in infringement 13.128, 13.136

geographic market size 13.105–6

gravity and duration of infringement 13.75, 13.82–5, 13.96, 13.98, 13.101, 13.107–19, 13.134, 13.139, 13.148–53, 13.162, 13.173, 13.230

guidelines on method of setting 13.76–81

imputability of infringement on parent company/companies and conduct of subsidiaries 13.181–8, 13.195, 13.204–6

incorrect or misleading information 13.66–7

individual liability principle 13.157

joint and several liability 13.189–93

judicial review 13.86

legal and economic continuity 13.197–203

legal and economic links 13.194–6

legal framework 13.71–5

legal professional privilege 13.142

leniency grounds 13.131, 13.135, 13.171–4

liability 13.178–206

liquidation of an undertaking 13.176

lysine market and turnover 13.93

margin of discretion 13.77

maritime transport fares 13.159

market share and turnover 13.93, 13.95–6, 13.98, 13.103–4, 13.138, 13.140, 13.159–60

market-sharing or price-fixing agreements 13.108, 13.110–11

maximum aggregate amount 13.63

mitigating circumstances 13.80, 13.123–37

ne bis in idem principle (dual procedures) 13.164–70, 13.190

ne bis in idem principle (dual procedures), Member State prior to accession to EU 13.170

ne bis in idem principle (dual procedures), and turnover of Members 13.168

new calculation method 13.158

number of undertakings committing infringement 13.82–3, 13.154–5

pre-insulated pipe sector 13.159

price-fixing and customer-sharing 13.153

prices derived from illegal practices 13.146–7

production cost exclusions 13.100

proportionality principle 13.75, 13.86, 13.97, 13.101, 13.121, 13.146–58, 13.161

quota agreements 13.108

relation fine undertakings involved in the same infringement 13.154–7

repeat infringements 13.85–7, 13.144

representation in administrative procedure 13.204–5

respect for the rights of the defence 13.87

size differences between undertakings 13.159

small- or medium-sized undertakings 13.99, 13.154

sugar market 13.197

transparency of decisions 13.174

turnover of undertaking 13.88–102

vertical relation 13.206

Regulation 1/2003, implementation of rules of competition, hearings of parties, complainants and others (Article 27) 13.222–31

annulment of contested decision 13.226, 13.231

breach of the rights of the defence complaint 13.223–4

right to be heard 13.226, 13.228, 13.232

statement of objections 13.221–5, 13.227–8, 13.231

third-party observations 13.226, 13.229

Regulation 1/2003, implementation of rules of competition, information requests (Article 18) 13.38–45

Commission powers 13.39–41

obligation to cooperate 13.44–5

purpose of request, stating 13.43

request by decision 13.42–3

right of silence 13.44–5

specification and time limits 13.43

Regulation 1/2003, implementation of rules of competition, inspection powers (Article 20) 13.46–61, 24.65

confidentiality of written communications 13.51–2, 13.56

documents other than privileged correspondence between lawyer and client 13.53–4

freedom of establishment and freedom to provide services 13.51

granting assistance to Commission officials 13.61

investigation by authorisation or ordered by decision, choice between 13.58

judicial warrants 13.49

legal professional privilege 13.51–7, 19.55, 19.57, 19.59

legal professional privilege, limitation for in-house lawyers 13.57

motivation inspection decision 13.59–60

position and status as independent lawyer 13.51

preparatory documents 13.54

principle of protection of written communications 13.53

procedure protection confidentiality 13.55–6

proportionality principle 13.58

public interest protection 13.52

reasonable grounds 13.48

rights of the defence 13.47, 13.51

sealed envelope procedure 13.56

searches of premises 13.48, 13.50

Regulation 1/2003, implementation of rules of competition, judicial review (Article 31) 13.240–50, 24.72

economic assessments 13.243

effective judicial protection principle 13.244, 13.246

legality review 13.243–6

leniency grounds 13.244

margin of discretion 13.243

unlimited jurisdiction 13.241–2, 13.244–8

unlimited jurisdiction on appeal 13.249–50

Regulation 1/2003, implementation of rules of competition, limitation periods for the imposition of penalties (Article 25) 13.207–17

applicable periods 13.207–10

burden of proof, single and continuous infringement 13.213–14

continuing or repeated infringements 13.216

court proceedings pending 13.217

gravity and duration of infringement 13.214

information requests 13.215

interruption of 13.215–16

legal certainty principle 13.211–13

repeated infringements 13.208, 13.210

Regulation 1/2003, implementation of rules of competition, publication of decisions (Article 30) 13.234–9

appropriateness of amounts of fines 13.236

and business secrets 13.234–5, 13.237, 13.239

citizens’ right of access to documents 13.238

principle of lawfulness 13.238

and professional secrecy 13.234–5, 13.237

Regulation 45/2001, business secrets 13.237

Regulation 139/2004, control of concentrations between undertakings 14.01–200

air transport, in-flight magazine 14.173

Commission competence in case of amendment of proposed concentration 14.02

educational material sales 14.166

extraterritorial application 14.01

information requests (Article 11) 14.171–2

information requests (Article 11), relevance of market tests 14.172

IT services 14.155

judicial review (Article 16) 14.178–9

mobile telephony 14.149

prior notification of concentrations and pre-notification referrals (Article 4) 14.128–9

prior notification of concentrations and pre-notification referrals (Article 4), good faith intention 14.129

prior notification of concentrations and pre-notification referrals (Article 4), suspensive effect and gun jumping 14.128

professional secrecy (Article 17) 14.180–81

professional secrecy (Article 17), incidentally gained information 14.180

professional secrecy (Article 17), non-disclosure obligation 14.181

referral to Commission (Article 22) 14.196–7

referral to Commission (Article 22), influence of trade between States 14.197–8

suspension of concentrations (Article 7) 14.148–52

suspension of concentrations (Article 7), derogation 14.149–52

third country relations (Article 24) 14.200

time limits for initiating proceedings and for decisions (Article 10) 14.169–70

time limits for initiating proceedings and for decisions (Article 10), exceptional circumstances for suspension 14.170

TV broadcasting 14.128, 14.198

‘undertakings concerned’, notion of 14.03

Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2) 14.04–81

air transport 14.13, 14.76

annulment of decision, Commission liability 14.79–81

bidding markets (tenders) 14.37–40

carton market 14.67

collective dominance theory 14.06

compatibility of concentrations with the common market 14.06

coordinated effects assessment 14.78

counterfactual in case of change from joint to sole control 14.11–13

crisp bread trade 14.41

digital map databases 14.10, 14.63

double mark-up elimination 14.75

efficiency defence of mergers 14.74–8

elimination of strong competitive force (‘maverick’) 14.45–8

failing firm defence 14.70–73

first notification prevails over second notification 14.09–10

hold-up problem 14.75

incorrect substantive assessment 14.81

jet engines 14.78

liability in case of breach of an undertaking’s right of defence 14.80

liner shipping services 14.12

mobile telephony services 14.45

new product markets 14.14

non-contractual liability 14.79

parallel notifications 14.08–10

parties’ products are close substitutes 14.41

price differences 14.17

prohibition decision 14.05

prospective analysis 14.04–5

rescue merger 14.70–71

sealed-bid first price auction 14.40

simultaneous analysis 14.08

standard of proof 14.04–7

telecommunications networks 14.49, 14.53

Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), horizontal mergers 14.29–61

agricultural potash market 14.52

alpine skis and alpine bindings 14.42

ARPU (average revenue per unit) calculation 14.53

chocolate brands 14.44

closeness of competition 14.37–44

closeness of substitution 14.39

coffee espresso machines 14.43

collective dominance conditions 14.56, 14.81

collective dominance, conditions may be established indirectly 14.57

collective dominance as result of participation in a competitor 14.58

communications apps 14.55

coordinated effects 14.56–58

copper shapes market 14.58

countervailing buyer power 14.61

cruise ship market 14.32, 14.51

effects on consumers and cultural diversity 14.54

elimination of maverick in mergers from four to three players 14.47

elimination of a potential competitor 14.49–52

extending scope of ‘important competitive force’ 14.48

GUPPI (gross upward pricing pressure index) test 14.53

high market share 14.31–6

high market share and dependence on one customer 14.31

high market share neutralised by immature market without significant expansion barriers 14.32

liquid gas distribution 14.49

market share of 50 per cent + 14.33

market share of 70–80 per cent, combined 14.34

market share (high) not indicative of market power in case of short innovation cycles and free products 14.36

market share relevance 14.35

market transparency 14.56

network effects 14.55–61

oceanic cruises 14.32

parties are close competitors 14.44

parties’ products are differentiated 14.43

product differentiation 14.40–44

product differentiation used to rebut high market shares 14.42

recorded music markets 14.54

retaliation mechanisms 14.56

tacit coordination 14.59–60

transport liability insurance 14.31

Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), non-horizontal mergers 14.62–9

bundling, leverage a strong position from one market to another 14.66

conglomerate mergers 14.64–9

coordinated effects as result of vertical merger 14.63

foreclosure 14.62

mail preparation services 14.69

relation assessment of conglomerate mergers and Art. 102 TFEU 14.67–9

vertical mergers 14.62–3

Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), relevant market 14.14–28

chain of substitution 14.27–8

copper rod suppliers 14.28

copper scrap trade 14.16, 14.21

float glass trade 14.27

mail delivery services 14.26

motor vehicle parts 14.23, 14.61

national preferences 14.18–19

packaging products 14.22

particle board trade 14.20

potash imports 14.15

regulatory differences 14.24–6

sugar industry and beet quota reduction 14.25

toy market 14.19

trade patterns 14.15–16

transportation costs and distances 14.20–23

TV broadcasting market 14.18

Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3) 14.82–127

acquisition of control by the State 14.109–10

credit institutions, financial institutions or insurance companies 14.127

joint control 14.95–8

joint control, acquisition of indirect 14.98

joint venture creation 14.121–6

joint venture creation, full function 14.122–6

joint venture creation, not full function 14.121

lasting structural change, minimum time period 14.120

‘undertakings concerned’ in case of acquisition of control by state-owned enterprises (SOE) 14.111–12

‘undertakings concerned’ in case of acquisition of control by state-owned enterprises (SOE), independent power of decision from State 14.111

‘undertakings concerned’ in case of acquisition of control by state-owned enterprises (SOE), power to coordinate commercial conduct 14.112

Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), de facto control 14.82–7, 14.137

intent to acquire control by a shareholder 14.87

lack of stable majority at meetings 14.86

passive acquisition 14.85

shareholder attendance rates 14.85

voting rights 14.82

without de jure control 14.83

Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), interrelated transactions 14.99–108

changes in quality of control 14.100–3

economic aim pursued by the parties 14.104

joint control acquisition 14.105–7

notified transactions 14.102, 14.101–4

Share Purchase Agreement 14.105

treatment of several transactions as single concentration 14.108

unitary nature of transactions 14.104

Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), no control/concentration 14.113–19

call option insufficient to create control 14.113

meetings between minority shareholder and management insufficient to create control 14.117

no acquisition of control in case of minority shareholdings 14.116

request for extraordinary general meetings insufficient to create control 14.119

veto rights over issuance of fresh equity and substantial acquisitions insufficient to create control 14.114

voting against shareholders’ resolutions insufficient to create control 14.118

voting in concert 14.115

Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), sole control 14.88–94

acquisition of brand (rights) 14.89

contractual veto rights 14.91

negative 14.92–4

special rights for minority shareholder 14.90

Regulation 139/2004, control of concentrations between undertakings, examination of notification and initiation of proceedings (Article 7) 14.139–47

acceptance of other commitments than divestitures 14.143

commitments 14.141–7

commitments involving pre-existing contractual rights of a third party 14.145

divestitures beyond geographical markets 14.147

elimination of competition concerns 14.142

entry barriers reduction 14.143

‘fix-it-first’ commitment 14.141–2, 14.147

investigation by Commission 14.139–40

‘up-front buyer’ commitment 14.141

Regulation 139/2004, control of concentrations between undertakings, fines (Article 14) 14.173–7

absence of intention 14.175

failure to notify a concentration 14.176–7

failure to provide information within period fixed by Commission decision 14.174

notification was incorrect and misleading 14.175

providing incorrect or misleading information 14.173–5

relation between failure to notify and implementation prior to clearance 14.177

Regulation 139/2004, control of concentrations between undertakings, hearing of the parties and of third persons (Article 18) 14.182–9

access to files 14.189

right to be heard 14.187–8

right to be heard, after concentration has been notified to Commission 14.188

right to be heard, ‘sufficient interest’ in case of consumer protection associations 14.187

Regulation 139/2004, control of concentrations between undertakings, hearing of the parties and of third persons (Article 18), statement of objections 14.182–6

arguments put forward by parties after 14.185

competition problems not mentioned in 14.186

delimits scope of administrative procedure 14.184

functions and requirement 14.183

must be sufficiently clear 14.182

procedures for reviewing concentrations 14.183

Regulation 139/2004, control of concentrations between undertakings, powers of Commission decision (Article 8) 14.153–60

ancillary restraints assessment 14.155

restorative measures 14.156–60

restorative measures, adoption of divestiture decision 14.157

restorative measures, implementation, meaning of 14.160

restorative measures, implementation and relevant point in time 14.158

restorative measures, proportionality principle 14.156

TFEU Article 102 versus remedies 14.154

unnecessary or insufficient commitments 14.153

Regulation 139/2004, control of concentrations between undertakings, referral to competent authorities of the Member States (Article 9) 14.161–7

appeal by third party possible 14.161

Commission decision regarding request for referral 14.163–8

comprehensive review 14.162

explicit rejection of referral request 14.168

limited review 14.164

non-referral decision by Commission may not be contested by third parties 14.167

significant effect within a Member State 14.162

transfer of exclusive competence 14.165

Regulation 139/2004, control of concentrations between undertakings, regulation and jurisdiction application (Article 21) 14.190–95

Commission versus Member States competences 14.193–5

exclusive competence for Commission 14.190–91

merger control without prejudice to separate assessment under State aid rules 14.191

national competition law applicability 14.192

no competence of Commission for decision after abandonment of merger 14.194

transformation into infringement procedure 14.195

Regulation 139/2004, control of concentrations between undertakings, turnover calculation (Article 5) 14.130–38

air transport 14.131

attribution of turnover 14.136–8

consecutive acquisitions 14.132–5

‘de facto control/economic dependence’ arguments 14.137

franchises 14.136–7

geographic allocation 14.130–31

global assessment 14.133

notified concentration does not meet turnover thresholds 14.132, 14.135

Regulation 169/2009, inland transport services 4.225

Regulation 267/2010, insurance industry 4.12

Regulation 330/2010, vertical agreements 15.01–20

beer supply agreements 4.206

exclusive supply contract and block exemption 15.15

exemption (Article 2) 15.02

market share threshold (Article 3) 15.03

motor vehicle sector 15.01, 15.08–10

non-complete and exclusivity clauses for petroleum products 15.14–18

overview 15.13–18

resale price clauses 4.281, 15.04–5

secondary markets definition 15.03

specified criteria 15.01

transitional period (Article 9) 15.19–20

Regulation 330/2010, vertical agreements, restrictions removing benefit of block exemption (Article 4) 15.04–12

de facto prohibition on sales via internet in selective distribution agreements 15.06–12

integrity of selective distribution system 15.07

resale price clauses 15.04

resale price clauses in vertical agreements for petroleum products 15.05

territorial restrictions 15.08–12

unauthorised distributors definition 15.07

Regulation 461/2010, vertical agreements in the motor vehicle sector 16.01–9

contractual relations between suppliers and their approved distributors 16.05

distribution system protection 15.10–11

exemption (Article 4) 16.02–8

freedom of contract 16.04

hardcore restrictions removing benefit of block exemption (Article 5) 16.09

mandatory provisions directly affecting validity of clauses of a contract 16.08

nullity of agreement 16.02–3

provision of economic agents 16.03

selective distribution system, imperviousness of 16.06

specified criteria 16.01

Regulation 659/1999

existing aid 11.10

new aid 11.14

notification of aid 11.35–7, 11.46, 11.52, 11.93–4, 11.105–6

Regulation 773/2004, professional secrecy 13.239

Regulation 802/2004, request to be heard 14.188

Regulation 1017/68, inland transport services 4.225

Regulation 1049/2001, information confidentiality 13.233, 13.239, 14.181, 14.189

Regulation 1184/2006, common agricultural policy 17.01, 17.04, 17.11, 17.14–17

Regulation 1234/2007, common agricultural policy 17.04

Regulation 1308/2013, common organisation of markets in agricultural products 17.01–17

conditions for admission of dealers 17.05

division of competence in Regulation 1184/2006 17.14–17

exclusive supply obligation 17.08

farmers and farmers’ associations (Article 209) 17.03, 17.05–17

individual earnings in the agricultural sector, jeopardizing 17.10

national competition authorities 17.17

price fixing and proportionality principle 17.11

resignation clauses 17.08

restrictive practices 17.12

scope of articles 206 and 20917.03

Regulation 1534/91, insurance industry 4.12

Regulation 1768/92, patents and lack of transparency 5.132

Regulation 2759/75, pig meat market 10.76

Regulation 2842/98

infringement, finding and terminating 13.25

professional secrecy 13.239

Regulation 2988/74, legal certainty principle and limitation period 13.211–12, 13.215

relevant market

appraisal of concentrations see Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), relevant market

share definition 4.197–8

relevant period, right to a fair trial 24.104–7

remandment, impartiality following 24.40–42

remedies

effective, and, legal aid 24.129

right to a fair trial see ECHR, right to a fair trial (Article 6), effective remedy (Article 13)

versus TFEU Article 102 14.154

renewal application, cartel prohibition, exemptions 4.241

repeat infringements 13.17–20, 13.213–14, 13.216

and fines 13.85–7, 13.144

limitation periods for the imposition of penalties 13.208, 13.210, 13.216

representation in administrative procedure 13.204–5

request to be heard, Regulation 802/2004 14.188

res judicata principle 11.88, 27.06, 27.08

resale price clauses 4.281, 15.04–5

see also pricing

rescue mergers 14.70–71

see also mergers

resignation clauses, common organisation of markets in agricultural products 17.08

respect for private and family life see ECHR, respect for private and family life (Article 8)

respect for the rights of the defence 9.49, 13.87

restorative measures 14.156–60

restraints, ancillary restraints assessment 14.155

restrictions

access rights to courts or tribunals 24.60–61

agreement between traders within common market and competitors in third countries 4.187

common organisation of markets in agricultural products 17.12

effect on trade between Member States 4.192

inherent to an object of economic interest 4.179–82

manufacturer’s guarantee 4.302

retail selling prices 2.04–5

see also pricing

retaliation mechanisms, horizontal mergers 14.56

retroactive censorship, vertical agreements 4.300

retroactivity of the more lenient sanction 26.11–12

right of access see access

right to an effective remedy 24.129

right to a fair trial see ECHR, right to a fair trial (Article 6)

right to good administration see Charter, right to good administration (Article 41)

right to be heard

hearing of the parties and of third persons 14.187–8

right to a fair trial 24.86

right to good administration 13.226, 13.228, 13.232, 14.188, 23.14–15, 23.17–21, 23.25

right to legal representation 19.53, 19.56, 19.59

right not to be tried or punished twice for same criminal offence see ECHR, right not be tried or punished twice for same criminal offence (Article 4 Protocol 7)

right to property 21.1

right to protection of business premises 19.12–13

right to public hearing 24.118

right to silence 13.45, 25.25–45

rights, interpretation of rights and principle see Charter, scope and interpretation of rights and principle (Article 52)

rights of defence 13.47, 13.51, 14.80, 23.10–30, 23.13, 25.23–4

presumption of innocence see ECHR, presumption of innocence and rights of defence (Article 6)

road traffic rules, fines for infringement of 24.16–17

Romania, judicial searches 19.45

royalties 5.111, 5.117, 5.120

ruinous competition 4.31

see also competition

rule of law 19.24–8, 24.14

rule of reason, cartel prohibition 4.176–8

Russia, judicial searches 19.43

safeguard measures

aid notification 11.85, 11.87

respect for private and family life, interference justification 19.33–4, 19.55

same offence, right not be tried see ECHR, right not be tried or punished twice for same criminal offence (Article 4 Protocol 7)

sanctions

full review by administrative court 24.51–6

non-retroactivity of criminal sanctions 26.09–10, 26.16

open to appeal 24.69–72

retroactivity of the more lenient sanction 26.11–12

see also fines

savings deposits and maximum rates of interest 2.09

sealed envelope procedure 13.56, 19.59

see also documentation

sealed-bid first price auction 14.40

search and seizure as serious interference 19.26

searches of premises 13.48, 13.50

secondary markets 5.134–5, 15.03

secrecy, professional 13.232–5, 13.237, 13.239, 14.180–81

sectoral over-capacity, aid prohibition 10.135

selective distribution

aid prohibition 10.36–53

and cartel prohibition 4.80–82

de facto prohibition on sales via internet 15.06–12

high-technology products 4.80

taxation context 10.41–53

vertical agreements 4.283, 4.285–9, 4.292–9, 4.301–5, 16.06

self-employed substitutes, fees for 4.17

self-incrimination, privilege against, and right to remain silent 25.25–45

serious charge, exceptions 24.73

serious difficulties concept, aid notification 11.27–31

service provision and access time 5.94

services

and cartel prohibition 4.199

freedom to provide 13.51

SGEI (services of general economic interest) 9.31–42, 10.30–35

several transactions, treatment as single concentration 14.108

severity of offence, punishment and deterrence objectives 24.19, 24.21–2

SGEI (services of general economic interest) 9.31–42, 10.30–35

sham action 5.133

shareholders

attendance rates 14.85

intent to acquire control by 14.87

meetings between minority shareholder and management insufficient to create control 14.117

no acquisition of control in case of minority shareholdings 14.116

share capital owned by public authorities 10.26

Share Purchase Agreement 14.105

special rights for minority shareholders 14.90

voting against shareholders’ resolutions insufficient to create control 14.118

see also meetings

shipping

cruise ship market 14.32, 14.51

liners 5.89, 14.12

merchant vessels in International Shipping Register 10.04

mooring marinas 10.69

port duties 9.20

sailboards trade 4.190

shipbuilding and marine and defence electronics 10.62

shipbuilding and ship conversion aid 10.145

silent, right to remain 13.45, 25.25–45

single branding 4.310–11

see also branding

single and continuous infringement 13.17–20, 13.213–14, 13.216

single undertakings 4.56, 14.126

size differences between undertakings 13.159

skis, alpine skis and bindings 14.42

see also sports

Slovak Republic, Postal Regulatory Office 9.09

SMEs 4.04, 10.06, 13.99, 13.154

social policy 4.14–17, 10.36, 10.82

social security system 4.40, 4.43, 4.49, 10.41, 10.115, 24.118

see also taxation

sole control of concentrations see Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), sole control

sound recordings 5.99

see also music; technology

Spain

commercial vehicle replacement 10.43

theme park sale 10.107

spare parts distribution 5.17, 5.84–6, 5.104–5

see also distribution

special rights see exclusive rights

sports

alpine skis and bindings 14.42

football see football

and freedom of movement 4.18

horse-racing 4.136, 4.182

leisure equipment 4.238, 10.67

SSNIP test 5.21

standard of living and employment levels 10.127

standstill obligation see TFEU, Article 108, notification of aid, requirement to notify and standstill obligation

State aid

aid notification 10.05, 10.75–7

aid prohibition 10.01–11

and cartel prohibition 9.55

and competition rules 10.81

dominance abuse 9.55

merger control without prejudice to separate assessment 14.191

notification in case of 11.52–4

public undertakings 9.55–6

see also Member States; national legislation; trade

statement of objections

and cartel prohibition 14.184

hearing of the parties see Regulation 139/2004, control of concentrations between undertakings, hearing of the parties and of third persons (Article 18), statement of objections

respect for private and family life (Article 8), interference justification 19.55

right to good administration 23.16–24

TFEU, Article 102, and abuse of dominance 14.184

structural change, minimum time period 14.120

subsidiaries see under parent companies

subsidiarity principle 4.194

subsidy concept 10.89–90

substitution

chain 14.27–8

close 14.39, 14.41

sugar market 4.102, 5.57, 13.197, 14.25

see also food and drink sector

sui generis protection and databases 4.52

superseded case law providing for immediate redress 24.115

supra-national human rights treaty 18.01

suspensive effect 11.96, 11.98, 14.128, 14.148–52, 14.149–52, 14.170

suspicion, reasonable suspicion requirement, respect for private and family life, interference justification 19.54

Switzerland, telecommunications legislation 19.49

tacit acceptance of agreement, cartel prohibition 4.86, 5.56

tacit approval rules 13.08

tacit coordination 5.56, 14.59–60

tariffs

air tariffs 2.06–7, 2.10

approvals that lead to dominance abuse 9.18

fixed at level lower than normal 10.21

fixing by Member States 10.124

long-distance transport of goods by road 2.12

preferential 10.21

public undertakings 9.18

quotas 10.02

see also pricing

taxation

aid notification of aid and method of financing 11.56–9

corporate income tax and change of ownership 10.48

direct business 10.44

environmental factors 10.45–6

exemptions 10.119

fines for infringement of tax rules 24.18

as integral part of aid measure 10.120

penalties and criminal penalties combined 27.05

and right to a fair trial 24.12

selectivity 10.41–53

see also social security system

technology

communications apps 14.55

computer software and third party licence to use a product 5.110

digital map databases 14.10, 14.63

digital music services 14.54

high-technology products 4.80, 5.27

internet see internet

IT services 14.155

sound recordings 5.99

technologically advanced equipment 10.17

telecommunications

digital subscriber line 5.114

end-user access services 5.113

ex ante regulation 6.04

legislation 19.49

mergers 14.49

mobile telephony 9.54, 14.45, 14.149

networks 14.49, 14.53

telephone calls, respect for privacy of 19.11

telephone equipment market 9.37

telephone installations 5.24

television broadcasting see under broadcasting

tenders 9.34, 10.114, 14.37–40

territoriality principle

and cartel prohibition 4.19–24

and dominance abuse 5.04–6

extraterritorial application 14.01

territorial limits, lack of 13.90

vertical agreements 15.08–12

testimony obtained under compulsion 25.29, 25.30–32, 25.44

see also evidence

TEU, Article 3

common market establishment 1.01–3

social policy 4.14

TEU, Article 4 2.01–16

aeronautical authorities and tariff agreements 2.10

air tariffs 2.06–7, 2.10

binding domestic and Community rules 2.16

collective bargaining and healthcare costs 4.16

duty not to jeopardise Union objectives re TFEU Articles 101 and 102a 2.01–13

duty not to jeopardise Union objectives re TFEU articles 107 and 1082.14, 11.111

inspection powers 13.46

insurance agencies’ rules 2.13

ministerial orders 2.08–9

national legislation restrictions 2.02–5

pre-existing agreements 2.09

procedural aspects 2.15–16

retail selling prices 2.04–5

review in context of procedures provided for in TFEU Articles 258 and 2672.15

savings deposits and maximum rates of interest 2.09

tariffs for long-distance transport of goods by road 2.12

TEU, Article 6, Charter and ECHR 3.01–15

Charter 3.01–2

direct effect in relation to EU law 3.11

direct effect in relation to national law 3.12–14

EHRC application by EU courts 3.03–14

EHRC application by EU courts, prior to Lisbon Treaty 3.03–8

EHRC as source of law 3.01–10

national court legislation 3.02, 3.07

position of Poland and UK 3.15

TEU, Article 51, competition infringements 1.03

TFEU, Article 4, social policy 4.14

TFEU, Article 15, citizens’ right of access to documents 13.238

TFEU, Article 16, data protection 13.239

TFEU, Article 34, exclusive right to organize dock work 9.15

TFEU, Article 39, agriculture policy 10.77, 17.01, 17.11

TFEU, Article 42, agriculture policy 17.02

TFEU, Article 43, agriculture policy 17.01

TFEU, Article 45

exclusive right to organize dock work 9.15

sports and freedom of movement 4.18

TFEU, Article 46, sports and freedom of movement 4.18

TFEU, Article 49, special or exclusive rights 9.08, 14.195

TFEU, Article 56, special or exclusive rights 9.08

TFEU, Article 101 and cartel prohibition 4.01–313

agriculture 4.07

air transport 4.08–9

atomic energy 4.07

bank transfers 4.11

books 4.10

coal and steel and ECSC Treaty 4.07

collective bargaining 4.14–17

competition rules and State aid 10.81

competitors in non-Member countries 4.20–21

direct effect 4.01–2, 5.01

healthcare costs 4.16

insurance industry 4.11–12

judicial review 13.245

motor vehicles 4.13

nullity of agreements 4.201–9

pension funds 4.15

postal services 4.13

ratione loci 4.19–24

ratione materiae 4.07–18

ratione personae and activities of undertakings 4.03–6

ratione temporis 4.25–7

self-employed substitutes, fees for 4.17

selling contractual product outside contractual territory assigned to it 4.23

simultaneous application with TFEU Article 102 5.155–6

social policy 4.14–17

sports and freedom of movement 4.18

State aid 9.55

statement of objections and Regulation 139/2004 14.184

territoriality principle 4.19–24

TFEU Article 102 relation 5.152–6

trade between Member States 4.20–24

transport 4.08–9

TFEU, Article 101 and cartel prohibition, agreement concept 4.68–94

agreements no longer in force 4.69–70

between two or more undertakings 4.88–94

concurrence of wills 4.68–77, 4.84, 4.87

contractual variation acceptance 4.85

export prohibition 4.81–2

fixed price agreements 4.71

gentlemen’s agreement 4.68

high-technology products, selective distribution services 4.80

independent leasing companies 4.83

market-sharing negotiations and joint intentions 4.73–7

motor vehicle dealership 4.78–9, 4.83

parallel trade agreement 4.77

proof of agreement between undertakings 4.84

selective distribution system 4.80–82

tacit acceptance of agreement 4.86, 5.56

transfer from parent company to subsidiary 4.91–2, 4.94

undertakings forming economic unit 4.93–4

unilateral conduct and apparently unilateral conduct 4.78–87

TFEU, Article 101 and cartel prohibition, association of undertakings concept 4.63–7, 4.125–9, 5.53

chartered accountant undertaking training 4.66

professional body acting as 4.64

professional body as regulatory body 4.65

subsidiary’s failure to carry out parent company’s instructions 4.67

TFEU, Article 101 and cartel prohibition, competition concept 4.28–37

coordination and cooperation 4.29, 4.32

and ECSC Treaty 4.32

entry barriers 4.35

function 4.28

Gentlemen’s Agreement 4.35

interpenetration of national markets 4.28

market entry and potential competition 4.37

nature and intensiveness of competition, variations in 4.30–31

potential competition 4.33–7

ruinous competition 4.31

TFEU, Article 101 and cartel prohibition, competition restriction 4.141–82

acquisition by one company of an equity interest in a competitor 4.160

agreement intended to limit parallel trade 4.148

anti-doping rules 4.182

appliances for cleaning gramophone records 4.166

appreciable restriction of competition 4.174–75

association of undertakings 4.179–82

banking sector 4.150

brewery sector, new entry issues 4.161

bundle of similar contracts and new entrant issues 4.161

commercial lease agreement 4.154

compulsory membership of occupational pension fund 4.180

concerted practice as having anti-competitive object 4.147

cooperative purchasing association 4.179

cross-border transactions 4.198

de minimis notice 4.175

dual membership prohibition 4.179

effect to prevent, restrict or distort competition 4.156–64

exclusive licences for the broadcasting of Premier League football matches 4.149

food sector, quotation prices for bananas 4.153

individual exemption 5.154

‘infringements by object’ and ‘infringements by effect’, distinction between 4.146, 4.175

insurance contracts and car repairs 4.151

market entry delay of generic undertakings 4.155

market exclusion agreements 4.155

method of analysis required by settled case-law 4.164

motor trade, export restrictions 4.172

object to prevent, restrict or distort competition 4.141–55

price fixing 4.144, 4.163

rebates on retailers’ profit margins 4.169

restrictions inherent to an object of (non) economic interest 4.179–82

rule of reason 4.176–8

supplementary pension benefits of medical specialists 4.171

transport sector, horizontal agreements between undertakings 4.170

zinc sheet manufacture 4.167

TFEU, Article 101 and cartel prohibition, concerted practice concept 4.95–124

and agreements, distinction between 4.96

and agreements, single continuous infringement 4.114–24

and agreements, single continuous infringement, interrupted infringement 4.120

and agreements, single continuous infringement, three conditions 4.121

bank transfers and debiting bank charges 4.103

commercial information exchange 4.100

and competition restriction 4.109

concertation 4.96–100

coordination and cooperation criteria 4.97

disclosure to competitor of course of conduct 4.99

evidence assessment and standard of proof 4.113, 4.116

final price composition 4.100

information disclosure effect 4.106, 4.108, 4.110, 4.112–13

market conduct and relationship of cause and effect 4.101–13

parallel behaviour 4.101, 4.103

presumption of causal connection 4.111, 4.113

price announcements as evidence of price concertation 4.107

price fixing 4.105, 4.120

probative data 4.112

raw sugar transactions 4.102

as substitute for risks of competition cooperation between undertakings 4.98

travel agencies 4.113

TFEU, Article 101 and cartel prohibition, decision of associations of undertakings concept 4.125–9

FEDETAB and tobacco imports 4.125

MasterCard and bank services 4.129

national associations that are members of FIFA 4.128

TFEU, Article 101 and cartel prohibition, effect on trade between Member States 4.20–24, 4.183–200

agreement constituting a threat to trade 4.184

applicant’s individual participation 4.191

existence of similar contracts 4.185

franchise agreements for the distribution of goods 4.189

presumption that trade between Member States is affected 4.195

probability factor 4.193

processed tobacco products 4.196

products that are related to those covered by an agreement or practice’ 4.196

relevant market share definition 4.197–8

restrictive agreement between traders within common market and competitors in third countries 4.187

restrictive arrangements, effects of 4.192

sailboards trade 4.190

services 4.199

subsidiarity principle 4.194

traders applying for admission to a distribution network 4.188

TFEU, Article 101 and cartel prohibition, exemptions 4.210–42

burden and standard of proof 4.216, 4.226

car manufacture and technological progress 4.223

cheese market cooperative 4.233

compound potash fertilizers 4.237

cooperation agreement between producer and wholesaler 4.232, 4.238

cumulative conditions 4.218–42

demarcation of the market 4.240

direct benefit for consumers 4.228–31

electronic leisure equipment sector and cooperation agreements 4.238

FEDETAB and tobacco imports 4.239

franchises 4.211

improvement of production and distribution, promotion of technical and economic progress 4.218–27

inland transport services 4.225

joint ventures 4.234

market transparency 4.224

MasterCard scheme and benefit to consumers 4.227, 4.231

no elimination of competition 4.237–42

proportionality 4.232–6

renewal application 4.241

retail pharmacies and economic progress 4.222

tobacco distribution improvement 4.220

TFEU, Article 101 and cartel prohibition, horizontal agreements 4.253–72

certification systems and standards 4.258–9

exchange of information 4.260–68

non-competition clauses 4.269–71

pay-for-delay 4.272

sharing of markets 4.253–7

TFEU, Article 101 and cartel prohibition, horizontal agreements, agreements concerning prices and other trading conditions 2.43–52, 4.243–72

common price list adoption 4.247

contract to contractor other than lowest bidder 4.248

FETTCSA and customer discounts 4.251

price fixing in PVC market 4.250

price fixing of quinine 4.243

price objectives 4.252

TFEU, Article 101 and cartel prohibition, national law relationship 4.130–40

autonomous conduct that restricts competition 4.138

FIFA association 4.139

insurance industry supervision 4.133

national quota system 4.130

price controls 4.135, 4.137

racing companies and PMU 4.136

TFEU, Article 101 and cartel prohibition, undertaking concept 4.38–62

agent and principals, economic unit determination 4.61

air navigation safety 4.51

anti-pollution surveillance 4.41

certification of motor vehicles 4.54

certification services for public works contracts 4.54

chartered accountants 4.53

civil air transport installations 4.45

customs agents’ activities 4.42

economic activity 4.38–54

economic unit 4.55–62

employee incorporated into economic unit 4.62

insurance scheme as economic activity 4.46

joint ventures 4.59

national administrations, activity of assisting 4.51

non-profit-making associations 4.50

offer of goods or services without profit 4.50

public authority and data storage and access 4.52

purchasing goods, economic activity issues 4.48

sectoral pension fund 4.43

service provider acting under control of undertaking that is using its services 4.62

single undertakings 4.56, 14.126

social security system 4.40, 4.43, 4.49

specialist medical services and self-employment 4.44

statutory health insurance scheme 4.49

sui generis protection and databases 4.52

transfer of activities date 4.60

TFEU, Article 101 and cartel prohibition, vertical agreements 4.273–313, 15.01–3, 15.12, 15.14, 15.19–20, 16.01–8

advertising restrictions 4.300

agency 4.276–81

beer supply agreements 4.311

car insurance companies and bilateral arrangements with car dealers 4.275

car sales and fuel agencies 4.279–81

concurrence of wills 4.274

exclusive distribution 4.306–9

exclusive licence agreement concluded between holder of intellectual property rights and broadcaster 4.308

franchising 4.312–13

high-quality products 4.288–9, 4.291

‘impervious’ guarantee 4.303

internet sales ban for cosmetics 4.305

and intra-community trade 4.284, 13.106

motor vehicle distribution system 4.273–4, 4.285, 4.298

nature of products 4.288–91

newspaper and periodical distribution 4.290, 4.295

photographic equipment dealers 4.294

presumption of innocence principle 4.274

price undertaking condition 4.299

prohibition of sales between authorized dealers 4.301

restriction of the manufacturer’s guarantee 4.302

retroactive censorship 4.300

selection criteria 4.292–8

selective distribution systems 4.283, 4.285–9, 4.292–9, 4.301–5

single branding 4.310–11

travel agencies 4.276

vehicle leasing contracts 4.277

verification obligations 4.282

TFEU Article 101 and time of entry into force of Treaty, Regulation 1/2003, implementation of rules of competition 4.27

TFEU, Article 102, and abuse of dominance 5.01–158

air transport 5.03

Community law 5.04

competitor elimination 5.05–6

conglomerate mergers and Regulation 139/2004 14.67–9

contestable market 5.147

dangerous waste disposal 9.22

direct effect 5.01–2

effect on trade between Member States 5.150–51

employment procurement activities 9.13

exclusive right to organize dock work 9.15

exercise of the exclusive right necessarily leading to abuse 9.16

individual exemption 5.154

judicial review 13.245

mobile telephone charges 9.54

motorcycling events 9.25

proof, and Regulation 139/20414.154

public undertaking charging unreasonable port duties pursuant to national regulations 9.20

radio equipment, type approval requirements 9.17

ratione loci (territorial jurisdiction) 5.04–6

simultaneous application with TFEU Article 101 5.155–6

State aid 9.55

statement of objections and Regulation 139/2004 14.184

tariff approvals that lead to dominance abuse 9.18

TFEU Article 101 relation 5.152–6

TFEU Article 106 relation 5.157–8

TV broadcast services 9.14

waste management 9.30

TFEU, Article 102, and abuse of dominance, abuse 5.60–149

agent and principal agreements 5.122

banana ripeners 5.130

capability of restricting competition 5.66–9

cash register spares 5.84

categories 5.70–133

collective dominance 5.136

commercial interests, protecting 5.141–4

dangerous products 5.139

diamonds and exclusive purchasing 5.72

discounts 5.145–6

discrimination between business partners 5.125

discriminatory pricing predation 5.89

economic value and excessive pricing 5.118, 5.119

economic value of royalties 5.117

efficiencies 5.145–6

efficiency gains 5.138

excessive pricing 5.116–21

exclusive purchasing 5.71–2

fee levels charged in other Member States 5.121, 5.123

fee system for airport management services 5.124

geographic price discrimination 5.127–31

intellectual property rights 5.148

justification 5.137–49

knowledge of abusive nature of conduct 5.64–5

liner conference 5.89

margin squeeze 5.113–15

market foreclosure 5.147

media players and abusive bundling 5.87

musical copyright and royalties 5.120

objective concept 5.60–65

objective necessity 5.139–40

packaging fees 5.123

patents and lack of transparency 5.132

pharmaceutical products out of proportion to those previously sold 5.131

pharmaceuticals company refusal to supply wholesalers involved in parallel exports 5.143

pharmaceuticals, competition from generic products 5.144

predatory pricing 5.88–91

price alignment on those previously charged by a competitor 5.142

price discrimination 5.124–8

price loss recoupment possibility, no requirement to show 5.90–91

pricing below average variable cost or below average total cost 5.88

production costs and excessive pricing 5.117

public health protection 5.140

royalties for use of patents 5.111

secondary markets 5.134–5

sham action 5.133

State action defence 5.149

telecommunication end-user access services 5.113

telecommunications digital subscriber line 5.114

trade limitations between Member States 5.129–31

transparency, lack of 5.132

tying and bundling 5.84–7

tying and bundling, conditions for abusive bundling 5.87

tying sales of spare parts to maintenance and repair services 5.84–6

unfair conditions 5.116–23

vehicle industry discount system 5.145

TFEU, Article 102, and abuse of dominance, abuse, rebate schemes 5.69, 5.71, 5.73–83

conditional on exclusivity 5.76

efficient competitor test 5.83

individualised targets 5.80

individualised targets leaving margin of discretion to supplier 5.81

meeting competition 5.77

oil products and rebate scheme 5.74

plasterboard imports 5.76

practical effect of thresholds for discounts 5.78

quantity discount effect circumstances 5.79

Quantity rebate versus Loyalty rebate 5.73, 5.82

reference period calculation 5.75

travel agent commission on airline tickets 5.80

vehicle tyres 5.75, 5.80

TFEU, Article 102, and abuse of dominance, abuse, refusal to supply 5.92–112, 5.115, 16.09

brand name dominance 5.93

computer software and third party licence to use a product 5.110

copyright of sound recordings 5.99

copyrights 5.99–100, 5.102–3

energy transport network 5.96

essential facilities and access time 5.95–6

intellectual property rights 5.95, 5.97–112

newspaper distribution 5.95

patent ambush 5.111

patent rights 5.97, 5.107

patents, standard essential patents 5.112

product indispensable for operating on secondary market 5.109

raw materials 5.92

service provision and access time 5.94

spare parts 5.104–5

television broadcasting of horse-racing 5.108

television programme listings 5.106

third party licence to use a product 5.110

trade-mark rights 5.97, 5.101

TFEU, Article 102, and abuse of dominance, dominance 5.07–56

airport management 5.47

banana market 5.26, 5.34

brand equity and product differentiation 5.48

cigarette filters 5.44

collective dominance 5.49–56

declining market share 5.32–3

differentiated market 5.18–20

differentiated products 5.19–20

economic strength measurement 5.07

electricity distribution 5.50

entitlement to discontinue contractual relations 5.46

entry barriers 5.34–43

fertilizer market 5.31

FIFA membership and collective dominance 5.55

fixed costs and entry barriers 5.42

flour additives sector 5.14

highly technical products 5.27

home-delivery services 5.41

infrastructure and barriers to entry 5.41

input market 5.15–17

market definition 5.13–26

market power 5.29–48

market share and market power 5.29–33

market shares and competitors, relationship between 5.08–11

nail market and transport costs 5.25

pharmaceutical products 5.21

plastics sector 5.14

product packaging, light metal containers 5.13

products belonging to different markets 5.18

raw materials 5.15

relevant geographic market 5.22–5

relevant product market 5.13–21

spare parts 5.17

SSNIP test 5.21

standardization and entry barriers 5.43

state intervention and exclusive rights 5.35–40

tacit coordination 5.56

telephone installations 5.24

television programmes and weekly programme information 5.20

temporal markets 5.26

transport costs 5.25

unavoidable trading partner 5.45–8

vehicle approval services 5.16

vehicle tyres 5.19

vertical integration 5.44

TFEU, Article 102, and abuse of dominance, substantial part of internal market 5.57–9

airport management services 5.59

maritime import and export operations 5.58

sugar market 5.57

TFEU, Article 102, cartel prohibition

autonomous conduct that restricts competition 4.138

insurance industry 4.11–12

insurance industry supervision 4.133

national administrations, activity of assisting 4.51

and national law 4.133, 4.136, 4.140

products that are related to those covered by an agreement or practice 4.196

public authority and data storage and access 4.52

racing companies and PMU 4.136

sports and freedom of movement 4.18

TFEU Article 102 versus remedies, Regulation 139/2004, control of concentrations between undertakings, powers of Commission decision (Article 8) 14.154

TFEU, Article 103

enforcement measures 6.01–3

ne bis in idem principle 13.164

regulation regarding application of Article 101 and 1026.01–4

telecommunications market, ex ante regulation 6.04

TFEU, Article 104

air transport 4.09

Article 101 and time of entry into force of Treaty 4.25

TFEU, Article 104, competence of authorities in Member States 7.01–2

TFEU, Article 105, air transport 4.09

TFEU, Article 105, application of Articles 101 and 102 by Commission 8.01–6

applicability from time of entry into force of Treaty 4.25

conferred powers principle 8.02

legal professional privilege 8.02

national procedural autonomy 8.02

objective impartiality 8.03

TFEU, Article 105, Article 101 and time of entry into force of Treaty 4.25

TFEU, Article 106

bank transfers 4.11

direct effect 5.02

exclusive rights 5.38

TFEU, Article 106, public undertakings 9.01–56

air carriers, non-commercially viable routes 9.36

airport charges 9.53

anti-competitive conduct by undertakings on their own initiative 9.05–6

breach of reserved area 9.09

Commission powers 9.46–54, 14.195

dangerous waste disposal 9.22

dock-work company, exclusive right to supply 9.21

electricity imports 9.39

exceptional derogation from Treaty rules 9.26–45

exclusive right necessarily leading to abuse 9.16

exclusive right to organize dock work 9.15

exclusive rights 9.19

funeral services 9.12

health services and medical care provision 9.35

healthcare costs reimbursement scheme 9.45

intellectual property rights 9.32–3

judicial review rights 9.52

livestock insemination centres 9.16

mail delivery, universal service provider 9.44

mobile telephone charges 9.54

motorcycling events 9.25

national insurance bureaux and green card system 9.11

patient transport services 9.24

pension schemes 9.23, 9.42

postal services 9.38, 9.49

preferential rights for the exploration and exploitation of lignite deposits 9.10

prohibited measures 9.11–25

proportionality test 9.36–45

public ambulance service 9.43

public employment agency including executive search 9.13

public undertaking charging unreasonable port duties pursuant to national regulations 9.20

radio equipment, type approval requirements 9.17

respect for the rights of the defence 9.49

State aid 9.55–6

tariff approvals that lead to dominance abuse 9.18

telephone equipment market 9.37

television advertising 9.01

tenders 9.34

TFEU Article 107 relation 9.55–6

TV broadcast services 9.14

undertakings entrusted with the operation of services of general economic interest (SGEI) 9.31–43

waste management 9.30

TFEU, Article 106

TFEU, Article 102 relation 5.157–8, 9.27, 9.29–30, 9.54–5

transport 4.08

TFEU, Article 107, aid prohibition 9.55–6, 10.01–144, 11.09, 11.19, 11.27, 11.52–3, 11.67, 11.71, 11.87, 11.86–7, 11.94, 11.123

airport charges 10.25

amount of aid/de minimis 10.65–6

behaviour of private investor in comparable circumstances (pari passu) 10.28–9

capital injections 10.91–101

commercial vehicle replacement 10.43

compatibility with internal market 10.126

compatibility with internal market, may be considered 10.127–45

competition rules 10.81

corporate income tax and change of ownership 10.48

criteria 10.01–70

cross-subsidisation 10.105

damages compensation 10.125

debt arrangement 10.102, 10.115

development of certain economic activities or of certain economic areas 10.142

direct business taxation 10.44

direct effect 10.71–4

distortion of competition 10.54–7

ecotax 10.46

effect on trade between Member States 10.58–70

environmental pollution 10.138

environmental protection levy 10.45

equal treatment principle 10.19

financial crisis and emergency aid 10.141

fiscal measures 10.118–19

fisheries sector 10.78

fixed-term employment contracts 10.122

form in which aid is provided 10.83–124

free movement of goods 10.80

gambling and unclaimed winnings 10.07

guarantees 10.104

hospital building investment 10.68

imputability 10.12–16

insolvency or liquidation of credit institution 10.29

inter-trade agreements 10.16

judicial review 10.23, 10.86, 10.139

leisure pool renovation costs 10.67

loans and interest rates 10.103

local museum projects 10.70

margin of appreciation 10.85–8

market economy investor principle 10.22–39

merchant vessels in International Shipping Register 10.04

minimum retail prices 10.123

mooring marinas 10.69

no effect on trade between Member States 10.69–70

non-financial regulatory measures 10.121–22

operating aid 10.106, 10.129

and other Treaty provisions 10.75–82

pig meat market 10.76

preferential rediscount rate for exports 10.116

private investor of comparable size to public body 10.20

private-investor test 10.22, 10.23–5, 10.28, 10.29

privatisation by tendering 10.114

production capacity increase 10.128

public sector investment funds 10.12

public service obligations 10.34–5

public undertakings 10.13–14, 10.30

reductions and non-payment of social security contributions 10.115

regional aid 10.133, 10.134–7

regional aid and European Regional Development Fund 10.133

regional aid and sectoral overcapacity 10.135

regional selectivity 10.40

sale of land 10.107–13

selectivity 10.37–53

selectivity in taxation context 10.41–53

services of general economic interest (SGEI) 10.30–35

share capital owned by public authorities 10.26

shipbuilding and marine and defence electronics 10.62

shipbuilding and ship conversion aid 10.145

shipping undertakings and social security contributions 10.121

small businesses and protection of workers against unfair dismissal 10.06

SMEs and de minimis rule 10.65

social measures 10.82

social plans and financial assistance 10.36

social security system 10.41

standard of living and employment levels 10.127

State resources 10.01–11

subsidy concept 10.89–90

tariff fixed at level lower than normal 10.21

tariff fixing by Member States 10.124

tariff quotas 10.02

tax exemptions 10.119

technologically advanced equipment 10.17

TFEU Article 106 relation 9.55–6

trade association advertising campaign 10.18

trade association governed by public law 10.17–18

transnational European programmes 10.138

transport services, local or regional 10.63

venture capital 10.27

wine producers 10.77

TFEU, Article 108, notification of aid 11.01–125

appropriate measures 11.16–17

complaints received by Commission 11.123–4

damages compensation 10.125

existing aid 11.01–12, 11.14–15

extension of period to submit comments 11.45

fisheries sector 10.78

fishing vessel construction 11.17

interested parties 11.39–51

interested parties, rights of 11.44–7

limited role of interested parties 11.48–49

new aid 11.01–3, 11.05–10, 11.12–15

obligation of Commission to address complaints parties 11.51

pig meat market 10.76

State aid 10.05, 10.75–7

supply difficulties and restructuring plan 11.25–6

trade union as interested party 11.42

TFEU, Article 108, notification of aid, annulment action 11.91–9

admissibility 11.91–5

assessment by Union courts 11.97–9

compatibility of State aids with common market 11.99

TFEU, Article 108, notification of aid, formal investigation procedure 11.21–38

alleged unlawful aid 11.22

burden of proof into existence of serious difficulties 11.30

compatibility assessment 11.18–21, 11.23, 11.24, 11.28–9, 11.36–8

decision to initiate 11.36–7

initiation obligation 11.21–23

length and circumstances of preliminary examination procedure 11.38

private investor test 11.31

procedure between Commission and Member State granting aid 11.32–4

serious difficulties concept 11.27–31

withdrawal of act as contested act 11.37

TFEU, Article 108, notification of aid, recovery of aid 11.100–123

absolutely impossible 11.114–15

in accordance with national law 11.110

duty of genuine cooperation 11.111–12

legal certainty principle 11.119

legitimate expectations 11.117–20

objective of recovery 11.108–9

recovery and bankruptcy 11.121–3

tax as integral part of aid measure 10.120

TFEU, Article 108, notification of aid, requirement to notify and standstill obligation 11.52–90

alterations to existing aid 11.55

compatibility of aid with common market 11.80, 11.86

Deggendorf-doctrine 11.90

direct applicability 11.74

examination of unlawful aid 11.68–9

injunction to suspend 11.73

Member State obligation 11.60–61, 11.87

national courts role 11.83–90

no ruling on compatibility of aid 11.89

notification after the implementation of the aid measure 11.64–7

notification of aid and method of financing the aid (taxes) 11.56–9

notification in case of State aid 11.52–4

notification time 11.62

preliminary examination 11.75–7, 11.87

preservation of individual rights 11.84

res judicata principle 11.88

safeguard measures 11.85, 11.87

standstill obligation 11.70–73

TFEU, Article 109, Member State obligation 10.76, 11.87

TFEU, Article 153, collective bargaining between employers and workers 4.14, 4.15

TFEU, Article 155, dialogue between management and labour 4.14, 4.15

TFEU, Article 236, legality of a Commission decision 24.33

TFEU, Article 258, Commission powers 9.48, 14.195

TFEU, Article 258–60, suspension of operation of decision 11.96

TFEU, Article 261, unlimited jurisdiction powers 13.236, 13.240, 13.242, 13.244–6, 24.36, 24.72

TFEU, Article 263

direct action against decision adopted by a Community institution 11.79, 13.12, 13.219, 13.236, 13.240

legality review 13.244–6, 19.53, 24.36, 24.55, 24.65

proceedings against a decision addressed to another person 11.91, 11.95, 11.98, 11.97

TFEU, Article 267, preliminary ruling 18.25

TFEU, Article 278 and 279, compliance with treaty rules on competition 13.55

TFEU, Article 279, suspension of operation of decision 11.98

TFEU, Article 288 4.02

TFEU Article 296

compliance with duty to state reasons for decision 13.236

notification of aid, obligation of Commission to address complaints parties 11.51

TFEU, Article 297, citizens’ right of access to documents 13.238

TFEU, Article 339

business secrets 13.237

professional secrecy 12.232, 13.239, 14.181

third countries

control of concentrations between undertakings 14.200

dealing agreements 4.19

restrictive agreements 4.187

third parties

appeal by third party possible 14.161

hearing of the parties see Regulation 139/2004, control of concentrations between undertakings, hearing of the parties and of third persons (Article 18)

licence to use a product 5.110

non-referral decision by Commission may not be contested by 14.167

pre-existing contractual rights 14.145

thresholds

de minimis notice 13.21

discount 5.78

market share 15.03

time factors

aid notification time 11.62

extension of period to submit comments, aid notification 11.45

failure to provide information within period fixed by Commission decision 14.174

lasting structural change, minimum time period 14.120

reasonable period, right to good administration 23.01–9

time of entry into force of Treaty 4.27

time limits for initiating proceedings 14.169–70

tobacco products 4.196, 4.220

cigarette filters 5.44

FEDETAB and tobacco imports 4.63, 4.70, 4.125, 4.239

toy market 14.19

trade

association governed by public law 10.17–18

between Member States see TFEU, Article 101 and cartel prohibition, effect on trade between Member States

influence of trade between States 14.197–8

limitations between Member States 5.129–31

patterns 14.15–16

unavoidable trading partner 5.45–8

see also Member States; national legislation; State aid

trade unions 4.17, 11.42

trade-mark rights 5.97, 5.101

see also intellectual property rights

transfer of activities date 4.60

transfer of exclusive competence 14.165

transfer from parent company to subsidiary 4.91–2, 4.94

transnational European programmes 10.138

transparency

exemptions 4.224

and fines 13.174

lack of 5.132

market, and horizontal mergers 14.56

transportation

air see air transport

and cartel prohibition 4.08–9

costs and distances 14.20–23

dock work 9.15, 9.21

horizontal agreements 4.170

inland transport services 4.225

jet engines 14.78

liability insurance 14.31

local or regional, and aid prohibition 10.63

maritime transport fares 13.159

patient transport services 9.24

public ambulance service 9.43

tariffs for long-distance transport of goods by road 2.12

see also vehicles

travel agencies 4.113, 4.276, 5.80

tribunals

access rights 24.57–61

independent and impartial see ECHR, right to a fair trial (Article 6), independent and impartial tribunal

see also courts

tried twice, right not to be see ECHR, right not be tried or punished twice for same criminal offence (Article 4 Protocol 7)

truth under oath 25.35

turnover

calculation see Regulation 139/2004, control of concentrations between undertakings, turnover calculation (Article 5)

and exchange rates 13.92

fines calculation 13.88–102, 13.177, 26.19, 26.22–3

and lysine market 13.93

and market share 13.93, 13.95–6, 13.98, 13.103–4, 13.138, 13.140, 13.159–60

TV broadcasting see under broadcasting

twice, right not to be tried or punished twice for same criminal offence see ECHR, right not be tried or punished twice for same criminal offence (Article 4 Protocol 7)

two-step test 18.22, 19.35–6

tying and bundling see bundling

UK

Anton Piller order 19.20, 19.48

judicial searches 19.50

obligation to give the name of the driver of a registered vehicle 25.39

oceanic cruises, new entry expansion 14.32

photographic equipment dealers 4.294

TEU, Article 6, Charter and ECHR applicability 3.15

unauthorised distributors definition 15.07

see also distribution system

unavoidable trading partner 5.45–8

undertakings

and aid prohibition 10.121

and cartel prohibition 4.03–6, 4.84, 4.88–94, 4.98, 4.155, 4.170, 4.299

concept see TFEU, Article 101 and cartel prohibition, undertaking concept

control of concentrations between see Regulation 139/2004, control of concentrations between undertakings

and dominance abuse 9.20

economic unit formation 4.93–4

and fines 13.99, 13.148–57, 13.159, 13.161–2, 13.176

fines and turnover of undertaking 13.88–102

number committing infringement 13.82–3, 13.154–5

public see TFEU, Article 106, public undertakings

public, and aid prohibition 10.13–14, 10.30

publicly distancing itself from agreement or concerted practice 13.06–9

single 4.56, 14.126

size differences between undertakings 13.159

‘undertakings concerned’ notion 14.03, 14.111–12

see also association of undertakings

unfair conditions, TFEU, Article 102, and abuse of dominance, abuse 5.116–23

unfair dismissal 10.06

see also employment

uniform application of competition law 13.36–7

see also competition

unilateral conduct and apparently unilateral conduct 4.78–87

unlawful aid 11.68–9

unlimited jurisdiction

on appeal 13.249–50

exercise 24.55

judicial review 13.241–2, 13.244–8

powers 13.236, 13.240, 13.242, 13.244–6, 24.36, 24.72

reviewing fine 23.09

‘up-front buyer’ commitment 14.141

validity period of commitment decisions 13.29

vehicles

approval services 5.16

car insurance companies and bilateral arrangements with car dealers 4.275

car manufacture and technological progress 4.223

car sales and fuel agencies 4.279–81

certification 4.54

commercial vehicle replacement 10.43

dealerships 4.78–9, 4.83

distribution system 4.273–4, 4.285, 4.298

export restrictions 4.172

industry discount system 5.145

industry, Germany 4.279, 15.09–10

insurance contracts and car repairs 4.151

leasing contracts 4.277

manufacture and supply quotas 4.273

motorcycling events 9.25

obligation to give name of driver of registered vehicle 25.39

obligation to give the name of the driver of a registered vehicle, UK 25.39

parts 14.23, 14.61

sector vertical agreements 15.01, 15.08–10

TFEU, Article 101 and cartel prohibition 4.13

TFEU, Article 101 and cartel prohibition, vertical agreements 4.277

TFEU, Article 102, and abuse of dominance, dominance 5.19

TFEU, Article 106, public undertakings 9.25

tyres, TFEU, Article 102, and abuse of dominance, abuse, rebate schemes 5.75, 5.80

vertical agreements, Regulation 461/2010 see Regulation 461/2010, vertical agreements in the motor vehicle sector

see also transportation

venture capital 10.27

verification obligations, vertical agreements 4.282

vertical agreements

and cartel prohibition see TFEU, Article 101 and cartel prohibition, vertical agreements

and fines 13.206

integration and dominance abuse 5.44

mergers 14.62–3

Regulation 330/2010 see Regulation 330/2010, vertical agreements

see also horizontal agreements

veto rights 14, 114, 14.91

Vienna Treaty on the Law of Treaties 18.03, 18.06–13

voting rights 14.82, 14.115, 14.118

waiver of rights, and right to a fair trial 24.100–101

waste management 9.22, 9.30

whereabouts, obligation to indicate one’s whereabouts at a given time 25.34

wine production 10.77

see also agriculture policy; food and drink sector

written communications

between lawyer and client 19.56, 19.57–9

confidentiality of 13.51–2, 13.56

see also documentation

Zaire, Ogefrem Agreement 5.39

zinc sheet manufacture 4.167