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Chapter

Cover International Law

23. International Investment Law  

Surya P Subedi

This chapter discusses the development and current state of international investment law, which encompasses international finance law, international trade law, international investment law, and regional economic trade agreements. Recent progressions in the area of international financial law, international trade law, and investment law demonstrate that other areas of international regulation have a decisive influence on international investment law. Moreover, international investment law is more increasingly focused on development concerns. International investment law is currently going through an exciting phase in its development. It has now become one of the fastest changing areas of international law with exciting and far-reaching implications for both investment-receiving and investment-exporting countries, thanks to enterprising claimants and innovative interpretations and expansive approaches adopted by international investment tribunals. This chapter seeks to capture the law and the recent trends in both State practice and jurisprudence in this area of international law.

Chapter

Cover EU Law in the UK

10. The internal (or common, or single) market  

This chapter describes what is interchangeably called the ‘common market’, the ‘single market’, or the ‘internal market’. These terms all refer to the same concept: a geographical area made up of the territories of the Member States, wherein there are (in theory) no barriers to trade, and which operate an identical external trade policy. The chapter looks at the completion of the single market, considering the European Economic Community (EEC) Treaty. It also identifies what makes the single market unique, detailing the stages of economic integration and the key components of the EU's internal market. In light of the Withdrawal Agreement, it will be some time before the UK distances itself from the EU's internal market. The transition period created by the Withdrawal Agreement effectively results in a form of ongoing ‘EU membership’ without institutional representation. Both the positive regulations that make up the internal market and the EU's customs union rules will thus continue to apply to the UK until at least the end of 2020.

Chapter

Cover Complete EU Law

16. Brexit  

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 Brexit, and in particular the EU–UK Withdrawal Agreement, the Political Declaration setting out the framework for the future relationship between the EU and the UK, the EU–UK Trade and Cooperation Agreement, and the UK’s own domestic legislation corresponding to these, the EU Withdrawal Act 2018 and the Future Relationship Act 2020. These instruments set out the basis for the future legal and trade relationship between the UK and the EU now that the UK is no longer an EU Member State.

Chapter

Cover Jones & Sufrin's EU Competition Law

4. Article 101 TFEU: The Elements  

Alison Jones, Brenda Sufrin, and Niamh Dunne

This chapter discusses the text and scheme of Article 101 which prohibits agreements, decisions, and concerted practices which restrict competition and affect trade between Member States. It explains the terms employed in Article 101(1) and how they are interpreted and applied. In particular, it discusses: the meaning of ‘undertaking’ and ‘association of undertakings’, including the concepts of ‘economic activities’ and of a ‘single economic entity’; the meaning of ‘agreement’ including the coverage of both horizontal and vertical agreements; the meaning of ‘concerted practice’; the meaning of ‘decisions by associations of undertakings’; the application of Article 101(1) to complex arrangements and single continuous infringements; and the meaning of an appreciable effect on trade between Member States.

Chapter

Cover Jones & Sufrin's EU Competition Law

4. Article 101 TFEU: The Elements  

This chapter discusses the text and scheme of Article 101 which prohibits agreements, decisions and concerted practices which restrict competition and may affect trade between Member States. It explains the terms employed in Article 101(1) and how they are interpreted and applied. This entails a discussion of the meaning of ‘undertaking’ and ‘association of undertakings’, including the concepts of ‘economic activities’ and of a ‘single economic entity’; the meaning of ‘agreement’ including the coverage of both horizontal and vertical agreements; the meaning of ‘concerted practice’; the meaning of ‘decisions by associations of undertakings’; the application of Article 101(1) to complex arrangements and single continuous infringements; and the meaning of an appreciable effect on trade between Member States.

Chapter

Cover Competition Law

3. Article 101(1)  

This chapter discusses Article 101(1) of the Treaty of Functioning of the European Union (TFEU), which prohibits agreements, decisions by associations of undertakings, and concerted practices that restrict competition. It begins by explaining the meaning of ‘undertakings’ and ‘associations of undertakings’. It then considers what is meant by the terms ‘agreements’, ‘decisions’, and ‘concerted practices’, as well as what is meant by the phrase ‘have as their object or effect the prevention, restriction, and distortion of competition’. The chapter then deals with the de minimis doctrine, before explaining the requirement of an effect on trade between Member States. The chapter concludes with a checklist of agreements that, for a variety of reasons, normally fall outside Article 101(1).