CONTENTS

VOLUME I
Editors and Contributors
Corresponclent Editors
Foreword
Preface to the Sixth Edition
Note on Citation
Tables of Cases

1. Alphabetical Table of community cases and Decisions
2. Numerical Table of European Court of justice Cases
3. Numerical Table of Court of First instance cases
4. Numerical Tables of commission Merger and Joint. Venture Decisions
5. Tables of European Court of Human Rights, EFTA Court and National Cases
Tables of Treaties and Legislation
6. Table of EU/EC Teaties
7. Table of EC Regulations
8. Table of EC Directives
9. Table of EC and EEA Decisions
10. Tables of EC and EEA Notices, Guidelines and Other Informal Texts
11. Tables of National Legislation
12. Table of international Treaties, conventions and Agreements

1. The Treaty and its Territorial Reach
1. Introduction
2. The Community Treaties
3. Thc EC Treaty
(a) Generally
(b) The main competition provisions
(c) Other provisions of the Treaty,
4. The Institutional Structure of the Community
(a) The Community institutions
(b) The Community and EFTA Courts
(c) The Directorate-General for Competition
5. The Aims of the Community Rules on Competition
6. Territorial Ambit of EC Competition Rules
(a) The Member States: enlargement
(b) The Member States: current geographic scope
(c) EFTA and the EEA
(d) Agreements between the Community and third countries
7. The Territorial Jurisdiction of the Community Institutions
(a) Trade into the Community from third countries
(b) Trade from the Community to third countries
(c) Jurisdiction over undertakings outside the Community
8. Effect on Trade between Member States
(a) Generlly
(b) Particular aspects

2. Article 81(1)
1. Introduction
2. Undertakings
(a) Generailly
(b) The State as an undertaking
(c) Treatment of economically linked legal entities

3. Agreements, Decisions and Concerted Practices
(a) Agreements
(b) Concerted practices
(c) Agreements and concerted practices: other issues
(d) Decisions by associations of undertakings

4. Restriction of Competition
(a) Some conceptual issues
(b) The main decisions
(c) The present law
5. Appreciable Effect on Competition
(a) Jurisprudence of the Community Courts
(b) Commission guidance

3. Article 81 (3)
1. Introduction
2. Application in Individual Cases
(a) Generally
(b) The first condition: economic and other benefits
(c) The second condition: fair share of benefits for consumers
(d) The third condition: indispensability of restrictions
(e) The fourth condition: no elimination of competition
3. Block Exemption
(a) Generally
(b) Current block exemption regulations
(c) Withdrawal and disapplication
4. Article 53(3) of the EEA Agreement

4. Market Definition
1. Introduction and Overview
(a) The concept of the relevant market
(b) Relevance of market definition in EC competition law
(c) Methodology for determining market definition
2. Product Market
(a) Demand-side substitution
(b) Supply-side substitution
(c) Particular issues in determining the product market
3. Geographic Market
(a) Overview
(b) Demand-side substitution
(c) Supply-side substitution
(d) Particular issues in determining the geographic market
4. Temporal Market
5. Market Definitions in Particular Sectors

5. Common Horizontal Agreements
1. Introduction
2. Cartels and Other Covert Conduct
(a) The Commission's approach to cartel activity
(b) Anatomy of a classic cartel
(c) Ancillary restrictions supporting cartel activity
3. Agreements on Prices and Trading Conditions
(a) Price-fixing
(b) Agreements on other trading conditions
(c) Professional services
(d) Banking and payment services
4. Output Restrictions
5. Market-sharing and Customer Allocation
(a) Generally
(b) Buying and selling among competitors
(c) Bilateral market-sharing
(d) Sharing access to infrastructure or facilities
(e) Other market-sharing
(f) Customer allocation
6. Information Exchange
7. Collective Trading Arrangements
(a) Boycotts and collective exclusive dealing
(b) Collective selling of goods
(c) Collective selling of inteliectual property and media rights
(d) Joint tendering
(e) Collective buying of goods
(f) Collective buying of intellectual property and media rights
8. Trade Associations, Cooperatives and Exhibitions
(a) Membership rules
(b) Common standards
(c) Joint marketing
(d) Trade exhibitions and auctions
9. Sporting Bodies and Competitions

6. Vertical Agreements Affecting Distribution or Supply
1. Introduction
2. Regulation 2790/99
(a) Scope
(b) Market share
(c) Terms and conditions
(d) Withdrawal and disapplication
3. Agency Agreements
4. Exclusive Distribution and Supply Agreements
(a) Generally
(b) Application of Article 81 (1)
(c) Application of Article 81(3) to individual agreements
5. Selective Distribution Systems
(a) Generally
(b) Article 81(1)
(c) Application of Article 81(3)
(d) Motor vehicle distribution and servicing
6. Exclusive Purchasing, Single Branding and Tying
(a) Generally
(b) Application of Article 81 (1)
(c) Application of Article 81(3)
7. Franchising Agreements
(a) Generally
(b) Application of Article 81(1)
(c) Regulation 2790/99 and franchise agreements
(d) Application of Article 81(3)
8. Subcontracting
9. Waste Packaging Recycling Arrangements

7. Joint Ventures and Similar Collaborative Arrangements
1. Introduction
(a) Definitions
(b) Article 81 and the Merger Regulation
(c) Jurisdictional categories
2. Developing Treatment of JVs under EC Competition Law
3. The Application of Article 81 (1) to Joint Ventures
(a) Generally
(b) Formation of the JV
(c) Actual or potential competitors
(d) 'SpilI-ove'
(e) Foreclosure
(f) Network effect
(g) Specific restrictions
4. Application of Article 81(3)
(a) Introduction
(b) Application of the Article 81(3) conditions
(c) Duration of Article 81(3) protection
5. R & D Agreements
(a) Generally
(b) Application of Article 81 to R&D agreements
(c) Regulation 2659/2000: the R&D block exemption
6. Specialisation/Production Agreements
(a) Generally
(b) Assessment under Article 81
(c) Regulation 2658/2000: the specialisation block exemption
7. Joint Ventures in Practice
(a) Production joint ventures
(b) Infrastructure and natural resources projects
(c) TV and other media
(d) Fixed and mobile telecommunications
(e) E-commerce platforms
(f) Airline alliances

8. Merger Control
1. Introduction
(a) Summary
(b) Commission guidance
(c) Case law and statistics
2. Jurisdictional Scope of the Merger Regulation
(a) Overview of 'one-stop shop' principle
(b) Concentrations
(c) Full-function joint venture undertakings
(d) Community dimension
(e) Pre-notification reallocation of jurisdiction
(f) Post-notification reallocation of jurisdiction
(g) National investigations on grounds other than competition
3. Procedure
(a) In general
(b) Initial Phase I investigation
(c) In-depth Phase II investigation
(d) Commitments to enable clearance
(e) Commission's powers of investigation
(f) Commission's powers of sanction
4. Substantive Appraisal of Concentrations
(a) In general
(b) Market definition
(c) SIEC test
(d) Unilateral effects
(e) Coordinated effects
(f) Vertical and conglomerate effects
(g) Other considerations relevant to substantive appraisal
(h) Coordinative aspects of certain full-function joint ventures
5. Judicial Review by the Community Courts
(a) Procedures
(b) Acts of the Commission which may be appealed
(c) Persons entitled to appeal
(d) Scope of judicial review
(e) Standard of proof incumbent on Commission
(f) Consequences of annulment
6. Application of Articles 81 and 82 in Field of Mergers
and Acquisitions
(a) Background
(b) Ancillary restraints
(c) Minority shareholdings and other structural links
7. National Merger Control and International Cooperation
(a) National merger control regimes within EEA
(b) Cooperation under EEA Agreement
(c) Cooperation with countries outside EEA

9. Intellectual Property Rights
1. Introduction
2. Infringement Actions and the Free Movement Rules
(a) Generally
(b) Patents
(c) Trade marks
(d) Copyright and similar rights
3. Articles 81 and 82 and the Exercise of lntellectual
Property Rights
4. Licensing of Intellectual Property Rights
(a) Introduction
(b) Typical clauses in patent and know-how licences
(c) Technology pools
5. The Block Exemption for Technology Transfer Agreements
(a) Introduction
(b) The scope of Regulation 772/2004
(c) Market share thresholds
(d) Hard-core restrictions
(e) Excluded restrictions
(f) Withdrawal of the block exemption
(g) Relationship between Regulation 772/2004 and other block exemptions
6. Licences of Other Intellectual Property Rights
(a) Trade marks
(b) Copyright
(c) Plant variety rights

10. Article 82
1. Introduction
(a) Generally
(b) Relationship between Article 82 and other competition rules
2. Structure of Article 82
3. Dominant Position
(a) Generally
(b) The market position of the undertaking itself
(c) Barriers to entry and expansion
(d) Countervailing market power
(e) Appraisal of market power in more complex cases
(f) Collective or joint dominance
4. Abuse of a Dominant Position
(a) Introduction
(b) Own market abuses: exclusionary pricing practices
(c) Own market abuses: exclusionary non-price conduct
(d) Own market abuses: exploitative pricing
(e) Related market abuses: exclusionary pricing
(f) Related market abuses: exclusionary non-price practices
(g) Other forms of abuse

11. The Competition Rules and the Acts of Member States
1. Introduction
2. State Compulsion
3. The Application and Enforcement of the Prohibition in Article 86(1)
4. Unenforceability of National Measures: Article
5. State Monopolies of a Commercial Character: Article 31
6. Derogations under Articles 86(2) and 296
(a) Article 86(2): services of general interest
(b) Article 296: military equipment

12. Sectoral Regimes
1. Introduction
2. Transport
(a) Introduction
(b) Rail, road and inland waterway transport
(c) Maritime transport
(d) Air transport
3. Energy
(a) Introduction
(b) Electricity
(c) Gas
(d) Energy and the environment
4. Electronic Communications
(a) Regulatory framework
(b) Application of competition Iaw
5. Insurance
6. Postal Services
(a) Generally
(b) Liberalisation
(c) Application of competition rules
7. Agriculture
(a) The objectives of Article 33 of the EC Treaty
(b) Application of competition rules

13. Enforcement and Procedure
1. Introduction
2. The Former Enforcement Regime under Regulation 17
3. The European Competition Network and the Allocation of Cases
4. The Commission's Powers of lnvestigation
(a) Fundamental rights and the Commission's powers
Of investigation
(b) Power to obtain information
(c) Powers of inspection
(d) Privilege
5. Complaints
6.Formal Procedure Prior to an Adverse Decision
(a) The nature of Commission proceedings
(b) Initiation of procedure and the statement of objections
(c) Access to the file
(d) The hearing and subsequently
7.Commitments and Settlement
8.Interim Measures
9.Declarations of Infringement and Orders to Terminate
10.Fines for Substantive Infringements
(a) Generally
(b) Intentional or negligent infringement
(c) The calculation of the fine
(d) Basic amount
(e) Aggravating and mitigating circumstances and deterrence
(f) The Leniency Notice: cartel cases
(g) Periodic penalty payments
(h) Ancillary matters of law and practice
11.Review by the Court of First Instance
(a) Review under Articles 229 and 230
(b) Action under Article 232 in respect of failure to act
(c) Interim relief from the Court
12. Appeals to the Court of Justice

14. The Enforcement of the Competition Rules in the Member States
1. Introduction
2. Enforcement by National Competition Authorities
(a) The National Competition Authorities
(b) Avoidance of multiple proceedings
(c) Cooperation within the Network
(d) Enforcement of Community competition rules in the United Kingdom
3. Enforcement by National Courts: Jurisdiction
4. Convergence, Cooperation and Consistency in the
Application of the Competition Rules
(a) Parallel application of Community and national competition law
(b) The convergence rule
(c) Cooperation between the Commission and the national authorities
(d) Duty to ensure consistency with decisions of European Commission
(e) Relationship between national courts and the Community courts
5. Enforcement by National Courts: Remedies
(a) Declarations of invalidity
(b) Action for damages
(c) Injunctive relief
(d) Reliance on Articles 81 and 82 as a defence
6. Practice and Procedure in the UK
7. Arbitration Proceedings
8. Table of National Enforcement Regimes

15. State Aids
1. Introduction
2. The Concept of an Aid
(a) Generally
(b) Particular applications
3. Aids that are Compatible with the Common Market
4. Aids that may be Compatible with the Common Market
(a) Generally
(b) Article 87(3)(a)
(c) Article 87(3)(b)
(d) Article 87(3)(c)
(e) Article 87(3)(d)
(f) Aid authorised by the Council
(g) Article 86(2)
5. Supervision under Article 88
(a) Review of existing aids
(b) Notification of new aids
(c) The formal investigation procedure under Article 88(2)
6. The Council's Legislative Powers
7. Unlawful Aid and Misuse of Aid
8. Judicial Remedies
(a) National courts
(b) The Community Courts
9. The Relationship between Articles 87-89 and Other Provisions of the Treaty

Postscript on Microsoft

Index

VOLUME II
APPENDIX MATERIALS
Part A: Treaty Provisions
Part B: Modernisation and Procedural Matters
Part C: Substantive Antitrust Matters
Part D: Mergers and Concentrations
Part E: Sectoral Regimes
Part F: Public Undertakings
Part G: State Aids