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Chapter

Cover Competition Law of the EU and UK

15. The Chapter II Prohibition  

This chapter provides an outline of the operation of Chapter II Prohibition, pointing out the relevant guidelines and decisions. This Chapter II Prohibition, contained in section 18 of the Competition Act 1998 (CA), is the UK domestic equivalent of Article 102 TFEU. It is to be applied, and its terms interpreted, in a way that is consistent with the application of Article 102 TFEU, unless there is a ‘relevant difference’. If Article 102 TFEU is applicable to any practice being examined under Chapter II Prohibition, it must be applied. A breach of Chapter II Prohibition may incur penalties, damages, and a requirement of conduct modification.

Chapter

Cover Concentrate Questions and Answers EU Law

8. Competition and Merger Law  

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about EU competition. The questions on competition law range from a general overview question, to questions which surveys the basic concepts and requirements of Arts 101 and 102 TFEU. The 2007 Lisbon Treaty made little substantive change to the competition law provisions, which can be found in Arts 101–106 of the TFEU. More significant is the Competition Regulation 1/2003 and the Merger Regulation, 139/2004.

Chapter

Cover European Union Law

17. Competition law  

Alison Jones and Christopher Townley

This chapter examines the two core competition rules that govern anticompetitive agreements (Article 101 TFEU) and abuse of a dominant position (Article 102 TFEU). It begins with an overview of EU competition law and a consideration of the objectives of the rules. It then discusses the enforcement and consequences of infringement, and how Articles 101 and 102 have been interpreted. In particular, who Articles 101 and 102 TFEU apply to, when they apply, and how anticompetitive agreements and conduct are identified. It also sets out some case studies involving agreements and dominant firm conduct which may infringe Articles 101 and 102.

Chapter

Cover European Union Law

17. Competition law  

Alison Jones and Christopher Townley

This chapter examines the two core competition rules that govern anti-competitive agreements (Article 101 TFEU) and abuse of a dominant position (Article 102 TFEU). It begins with an overview of EU competition law. It then discusses the enforcement and consequences of infringement; who Articles 101 and 102 TFEU apply to and when they apply. It also identifies anti-competitive agreements and conduct.

Chapter

Cover Steiner & Woods EU Law

26. Introduction to EU competition policy  

This chapter examines the competition policy in the European Union (EU), discusses the economics of the social market, and describes the structure and objectives of EU competition provisions and policy. The chapter focuses on Articles 101 and 102 TFEU and covers the basic principles established by Regulation 1/2003. It highlights the decentralisation of the enforcement of competition policy. It also explores policies on competition with third countries. The chapter highlights the complexities that can arise when law and economics interact and reveals the difficult role of the Court of Justice (CJ) to make complex assessments of economics.

Chapter

Cover Competition Law of the EU and UK

22. Competition law and intellectual property  

This chapter discusses the relationship between competition law and intellectual property rights. Competition law may limit the ability to exercise intellectual property rights. Article 101 TFEU and Chapter I Prohibition may apply to agreements to license intellectual property, as well as pay-for-delay settlements between a patent holder and potential competitors. Article 102 TFEU and Chapter II Prohibition may apply to the use of intellectual property rights by a dominant undertaking, particularly when the protected asset is essential to third parties. The existence of intellectual property rights does not automatically confer a dominant position — the product or service may still face competition.

Chapter

Cover Complete EU Law

15. Enforcement of EU competition law  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the enforcement of EU competition law. It covers the enforcement regime; burden of proof; the relationship between Articles 101 and 102 TFEU, and national competition laws; cooperation with national authorities; cooperation with national courts; the powers of the competition authorities of the Member States; the European Commission’s powers; safeguards for undertakings; the 2006 Leniency Notice; and private enforcement, as well as the impact of Brexit on the enforcement of EU competition law.

Chapter

Cover Steiner & Woods EU Law

27. EU competition law  

This chapter examines the core elements of competition law in the European Union (EU). It provides a number of examples of the types of agreements covered by EU competition law and shows the dangers which may arise when independent undertakings come together to coordinate their activities to distort competition. The chapter reviews the impact of anti-competitive agreements on the internal market and focuses on the abuse of market power and controls over concentrations. Overall, the chapter discusses the provisions and enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

Book

Cover Jones & Sufrin's EU Competition Law

Brenda Sufrin, Niamh Dunne, and Alison Jones

EU Competition Law: Text, Cases, and Materials provides a complete guide to European competition law in a single authoritative volume. Carefully selected extracts from key cases, academic articles, and statutory materials are accompanied by in-depth author commentary from three experienced academics in the field. Thorough footnoting and referencing give a tour of the available literature, making this an ideal text and stand-alone resource for undergraduate and postgraduate students, as well as for competition law scholars engaged in specialised study. This eighth edition has been fully updated with detailed coverage and commentary on recent developments. These include contemporary concerns about the objectives, interpretation, and application of competition law in the light of sustainability imperatives including the EU’s Green Deal, worldwide economic and political upheaval stemming in particular from the Covid-19 pandemic and the war in Ukraine, and continuing developments in the digital economy; the EU Courts’ judgments on Articles 101, 102, and mergers including Intel (RENV), Google and Alphabet, Google (Android), Slovak Telekom, Generics, Lundbeck, and CK Telecoms; cases on the Commission’s enforcement powers and judicial review, including Sped-Pro and Slovak Telekom; new legislation, guidelines, and notices (in final form or draft) on vertical agreements, horizontal agreements, and market definition; Commission actions in the pharmaceutical, energy, and financial sectors, including interaction with regulatory rules, liberalisation programmes, and intellectual property law; private litigation in the wake of the directive on damages, including the Court’s judgments in Sumal and Paccar; and thorough discussion of ongoing developments in competition law such as the Commission’s enforcement policy against cartels, the appraisal of mergers, the use of commitments decisions, the use of comfort letters during Covid-19 and the Commission’s revised notice on informal guidance, and the increasing activity by national competition authorities. The eighth edition contains an entirely new chapter on the digital economy, including detailed coverage of the Digital Markets Act.

Book

Cover Jones & Sufrin's EU Competition Law

Alison Jones, Brenda Sufrin, and Niamh Dunne

EU Competition Law: Text, Cases, and Materials provides a complete guide to European competition law in a single authoritative volume. Carefully selected extracts from key cases, academic articles, and statutory materials are accompanied by in-depth author commentary from three experienced academics in the field. Thorough footnoting and referencing give a tour of the available literature, making this an ideal text and stand-alone resource for undergraduate and postgraduate students, as well as for competition law scholars engaged in specialized study. This seventh edition has been fully updated with detailed coverage and commentary on recent developments. These include the EU Courts’ judgments on Articles 101, 102 and 106 including Intel; cases on the Commission’s enforcement powers and judicial review; new legislation and guidelines on technology transfer; the revised de minimis notice; Commission actions in the digital economy, including the Google case; the directive on damages; and thorough discussion of ongoing developments in competition law such as the Commission's enforcement policy against cartels, the appraisal of mergers, the use of commitments decisions and the compatibility of EU competition procedures with human rights provisions.

Chapter

Cover Competition Law of the EU and UK

14. The elements of Article 102 TFEU  

This chapter discusses Article 102 TFEU, which applies to abusive conduct engaged in by undertakings in a dominant position. The dominant position must be held in a ‘substantial part’ of the internal market for EU competition law to apply. Abuses can take many forms, and include conduct designed to preserve or expand the power of the undertaking (‘exclusionary abuses’) and conduct aiming to exploit the power of the undertaking (‘exploitative abuses’). No exemptions are available, but the alleged abusive conduct may be defended on the grounds that it is ‘objectively justifiable’ or if there are efficiency justifications. A breach of Article 102 TFEU may incur penalties, damages, and a requirement of conduct modification.

Chapter

Cover Competition Law

17. Abuse of dominance (1): non-pricing practices  

This chapter considers abusive non-pricing practices under Article 102 TFEU and the Chapter II prohibition in the Competition Act 1998. It deals in turn with exclusive dealing agreements; tying; refusals to supply; abusive non-pricing practices that are harmful to the single market; and miscellaneous other non-pricing practices which might infringe Article 102 or the Chapter II prohibition. Reference is made where appropriate to the Commission’s Guidance on the Commission’s Enforcement Priorities in Applying Article [102 TFEU] to Abusive Exclusionary Conduct by Dominant Undertakings.

Chapter

Cover Jones & Sufrin's EU Competition Law

2. The Competition Law and Institutions of the European Union  

Alison Jones, Brenda Sufrin, and Niamh Dunne

This chapter sketches the history and functions of the EU and its institutions in order to set the EU competition rules in context. It then describes the competition provisions themselves and outlines the way in which the rules are applied and enforced, including the public enforcement of Articles 101 and 102 under Regulation 1/2003, the control of mergers with a European dimension under Regulation 139/2004, public enforcement by the national competition authorities of the Member States, and the role of private enforcement. It discusses the position and powers of the European Commission, particularly the role of the Competition Directorate General (DG Comp); the powers of the EU Courts; the significance of fundamental rights and the general principles of EU law in competition cases; the application of competition rules to particular sectors of the economy; and the application of the EU rules to the EEA.

Chapter

Cover Jones & Sufrin's EU Competition Law

2. The Competition Law and Institutions of the European Union  

This chapter sketches the history and functions of the EU and its institutions in order to set the EU competition rules in context. It then describes the competition provisions themselves and outlines the way in which the rules are applied and enforced, including the public enforcement of Articles 101 and 102 under Regulation 1/2003, the control of mergers with a European dimension under Regulation 139/2004, public enforcement by the national competition authorities of the Member States, and the role of private enforcement. It discusses the position and powers of the European Commission, particularly the role of the Competition Directorate General (DG Comp); the powers of the EU Courts; the significance of fundamental rights and the general principles of EU law in competition cases; the application of competition rules to particular sectors of the economy; and the application of the EU rules to the EEA.

Chapter

Cover Steiner and Woods EU Law

23. EU Competition Law  

This chapter examines the competition policy in the European Union (EU), discusses the economics of the social market, and describes the structure and objectives of EU competition provisions and policy. The chapter focuses on Articles 101 and 102 TFEU and covers the basic principles established by Regulation 1/2003. It highlights the decentralisation of the enforcement of competition policy. It also explores policies on competition with third countries. The chapter highlights the complexities that can arise when law and economics interact and reveals the difficult role of the Court of Justice (CJ) to make complex assessments of economics. This chapter also examines the core elements of competition law in the European Union (EU). It provides a number of examples of the types of agreements covered by EU competition law and shows the dangers which may arise when independent undertakings come together to coordinate their activities to distort competition. The chapter reviews the impact of anticompetitive agreements on the internal market and focuses on the abuse of market power and controls over concentrations. Overall, the chapter discusses the provisions and enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

Chapter

Cover Foster on EU Law

10. An Introduction to EU Competition Policy and Law  

The idea of competition lies at the heart of the capitalist system and at the heart of European Union (EU) economic law. The broad policy objective remains to maintain and encourage competition for the benefit of the EU and its citizens. This chapter discusses EU competition law and covers the basic outline of EU competition policy; Art 101 TFEU; Art 101(2) TFEU and the consequence of a breach; Art 101(3) TFEU exemptions; Art 102 TFEU and the abuse of a dominant position; the relationship between Arts 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law, state aid; and EU merger control.

Chapter

Cover EU Law in the UK

15. Competition law  

This chapter analyses the foundations of EU competition law. Competition law is an attempt to regulate the behaviour of private companies when active in the internal market so as to ensure that competition between different entities remains and is fair. The rules of competition law aim both to assist the completion of the internal market as well as addressing consumer welfare in more general terms. A further particularly interesting dimension is that unlike most internal market law, competition law applies regardless of the nationality of the companies or businesses active in the internal market. As such, UK companies active on the continent after Brexit will have to know these rules, regardless of whether they continue to apply in the UK. The chapter then details the two Treaty provisions that address anti-competitive behaviour: Articles 101 and 102 TFEU (Treaty on the Functioning of the European Union).

Chapter

Cover EU Law Directions

13. An introduction to EU competition policy and law  

This chapter provides an introduction to Competition Policy and law in the European Union (EU). There are three sets of rules: one relating to the activities of legal persons—that is, the business undertakings, which now includes rules on concentrations and mergers; one relating to anti-dumping measures; and, finally, one relating to the activities of the member states, principally state aid. The rules concerned with private undertakings are further subdivided into: Article 101 TFEU for agreements between cartels involving more than one entity; Article 102 TFEU, concerned with dominant positions, dealing predominantly with one entity but also applicable to one or more undertakings; and the rules applicable to concentrations and mergers.

Chapter

Cover EU Law Directions

13. An introduction to EU competition policy and law  

This chapter provides an introduction to Competition Policy and law in the European Union (EU). There are three sets of rules: one relating to the activities of legal persons—that is, the business undertakings, which now includes rules on concentrations and mergers; one relating to anti-dumping measures; and, finally, one relating to the activities of the member states, principally state aid. The rules concerned with private undertakings are further subdivided into: Article 101 TFEU for agreements between cartels involving more than one entity; Article 102 TFEU, concerned with dominant positions, dealing predominantly with one entity but also applicable to one or more undertakings; and the rules applicable to concentrations and mergers.

Chapter

Cover Complete EU Law

14. Competition law: Article 102 TFEU  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on Article 102 TFEU, which prohibits as incompatible with the internal market ‘any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it … in so far as it may affect trade between Member States’. It also discusses the enforcement of Article 102 by the European Commission, national competition authorities, and national courts under powers conferred by Regulation 1/2003. Finally, it mentions the current impact of Brexit on EU competition law.