In the late 1990s, the European Commission embarked on a long process of introducing a 'more economic approach' to EU Antitrust law. One by one, it reviewed its approach to all three pillars of EU Antitrust Law, starting with Article 101 TFEU, moving on to EU merger control and concluding the process with Article 102 TFEU. Its aim was to make EU antitrust law more compatible with contemporary economic thinking. On the basis of an extensive empirical analysis of the Commission's main enforcement tools, this book establishes the changes that the more economic approach has made to the Commission's enforcement practice over the past fifteen years. It demonstrates that the more economic approach not only introduced modern economic assessment tools to the Commission's analyses, but fundamentally changed the Commission's interpretation of the law. Emulating one of the key credos of the US Antitrust Revolution thirty years earlier, the Commission reinterpreted the EU antitrust rules as aiming at the enhancement of economic consumer welfare only, and amended its understanding of key legal concepts accordingly. This book argues that the Commission's new understanding of the law has many benefits. Its key principles are logical, translate well into workable legal concepts and promise a great degree of accuracy. However, it also has a number of serious drawbacks as it stands. Most worryingly, its revised interpretation of the law is to large extents incompatible with the case law of the European Court of Justice, which has not been swayed by the exclusive consumer welfare aim. This situation is undesirable from the point of view of legal certainty and the rule of law.

The regulation of State Aid belongs to the core areas of European Union law. Without the general prohibition of state subsidies to undertakings, competitiveness would be distorted and the benefits of the internal market would be put in jeopardy. This book deals systematically article-by-article with the basic principles, the proceedings, and the implementation of State Aid law as laid down in Articles 107 to 109 TFEU, as well as the general block exemptions regulation (Regulation No 800/2008) and the Council Regulation ((EC) No 659/1999) laying down detailed rules for the application of Article 93 TEC. Further, this commentary deals in detail with the rules regulating State Aid in specific sectors such as telecommunication, postal services, broadcast and television, energy/coal, banking, railroads, road transport, shipping, air traffic/airports, automotive industry, shipbuilding, steel, housing, agriculture, fishery, culture/tourism/sport and health.

Big Data and Big Analytics are a big deal today. Big Data is playing a pivotal role in many companies' strategic decision-making. Companies are striving to acquire a 'data advantage' over rivals. Data-driven mergers are increasing. These data-driven business strategies and mergers raise significant implications for privacy, consumer protection and competition law. At the same time, European and United States' competition authorities are beginning to consider the implications of a data-driven economy on competition policy. In 2015, the European Commission launched a competition inquiry into the e-commerce sector and issued a statement of objections in its Google investigation. The implications of Big Data on competition policy will likely be a part of the mix. Big Data and Competition Policy is the first work to offer a detailed description of the important new issue of Big Data and explains how it relates to competition laws and policy, both in the EU and US. The book helps bring the reader quickly up to speed on what is Big Data, its competitive implications, the competition authorities' approach to data-driven mergers and business strategies, and their current approach's strengths and weaknesses. Written by two recognized leading experts in competition law, this accessible work offers practical guidance and theoretical discussion of the potential benefits (including data-driven efficiencies) and concerns for the practitioner, policy maker, and academic alike.

Big Data and Big Analytics are a big deal today. Big Data is playing a pivotal role in many companies' strategic decision-making. Companies are striving to acquire a 'data advantage' over rivals. Data-driven mergers are increasing. These data-driven business strategies and mergers raise significant implications for privacy, consumer protection and competition law. At the same time, European and United States' competition authorities are beginning to consider the implications of a data-driven economy on competition policy. In 2015, the European Commission launched a competition inquiry into the e-commerce sector and issued a statement of objections in its Google investigation. The implications of Big Data on competition policy will likely be a part of the mix. Big Data and Competition Policy is the first work to offer a detailed description of the important new issue of Big Data and explains how it relates to competition laws and policy, both in the EU and US. The book helps bring the reader quickly up to speed on what is Big Data, its competitive implications, the competition authorities' approach to data-driven mergers and business strategies, and their current approach's strengths and weaknesses. Written by two recognized leading experts in competition law, this accessible work offers practical guidance and theoretical discussion of the potential benefits (including data-driven efficiencies) and concerns for the practitioner, policy maker, and academic alike.

Despite the growing importance of 'consumer welfare' in EU competition law debates, there remains a significant disconnect between rhetoric and reality, as consumers and their interests still play only an ancillary role in this area of law. Consumer Involvement in Private EU Competition Law Enforcement is the first monograph to exclusively address this highly topical and much debated subject, providing a timely and wide-ranging examination of the need for more active consumer participation in competition law. Written by an expert in the field, it sets out a comprehensive framework of policy implications and arguments for greater involvement, positioning the debate in the context of a broader EU law perspective. It outlines pragmatic approaches to remedial and procedural measures that would enable consumer empowerment. Finally, the book identifies key institutional and political obstacles to the adoption of effective measures, and suggests alternative routes to enhance the role of consumers in private competition law enforcement. The book's innovative approach, combining normative analysis and practical solutions, make it invaluable for academics, policy-makers, and practitioners in the field.

The objective(s) of Article 102 TFEU, what exactly makes a practice abusive and the standard of harm under Article 102 TFEU have not yet been settled. This lack of clarity creates uncertainty for businesses and raises an important question of legitimacy. This book inquires into the possible objectives of Article 102 TFEU and proposes a modern approach to interpreting 'abuse'. In doing so, it establishes an overarching concept of 'abuse' that conforms to the historical roots of the provision, to the text of the provision itself and to modern economic thinking on unilateral conduct. This book therefore inquires into what Article 102 TFEU is about, what it can be about and what it should be about. The book demonstrates that the separation of exploitative abuse from exclusionary abuse is artificial and unsound. It examines the roots of Article 102 TFEU and the historical context of the adoption of the Treaty, the case law, policy and literature on exploitative abuses and, where relevant, on exclusionary abuses. The book investigates potential objectives, such as fairness and welfare, as well as potential conflict between such objectives. Finally, it critically assesses the European Commission's modernisation of Article 102 TFEU, before proposing a reformed approach to 'abuse' which is centred on three necessary and sufficient conditions: exploitation, exclusion and a lack of an increase in efficiency.

This edition of the U. S. Department of Justice Antitrust Division Manual is the latest version of the day-to-day resource used by attorneys, economists, and other professionals of the Division to enforce this country's antitrust laws. This Fourth Edition incorporates changes in the statutes, guidelines, rules and other documents that govern the Division and reflect the Division's current practices and procedures. The Manual is an important resource for everyone at the Division, from seasoned attorneys with many years of practice to new paralegals fresh out of college. It answers many questions that can arise when conducting investigations or litigating cases.

This EU Digest 2013 is a selection of 51 essays on European competition case laws from the 27 European Union member States and neighboring States. Each essay consists in a synthesis of the leading cases from 2012 and beyond. These essays are organized in two parts. Part I deals with Competition Provisions (Cartels, Dominance, Merger, State aid...) whereas Part II deals with Business Sectors (Automobile, Broadcasting, Healthcare, IT & Telecommunications, Sports...). The purpose of this Digest is to provide a snapshot of the areas of convergence and remaining diversity of competition law in Europe. As noted by Fr d ric Jenny in his Foreword below, while this book is not based on a comprehensive study of all national case laws, no such study is needed to identify the main trends in this area. This EU Digest highlights both convergence and divergence in various areas and sectors of European competition law, making it easy for both practitioners and academics to draw comparison between jurisdictions in various areas and sectors of European competition law.

21st century globalisation is distinguished by institutional and political reforms in many countries such as gradual trade liberalisation and international co-ordination of policies. This author considers globalisation as a non-stop process leading to the convergence of the civilisations, lower cost of production, controlled freedom of communications, guarded advancements of technology, shrinking of distances via advanced transportation means and the economic funds utilise their powers demolishing any local lawful revolutionary efforts exploiting the globe with a fairly democratic way at present. The global economic funds should avoid a gradually undemocratic exploitation of the globe in order to bypass/avoid a global conflict looming in the end of the road of an autocratic globalisation lacking any ethical values. Moreover, globalisation has created centres of power that are alongside, even in competition, with the power of states. Innovation demands extensive up-front R&D costs and strong intellectual property protection is not disconnected from competition principles, but rather, is a vital part of antitrust policy as a whole. Sound intellectual property rights protection creates the competitive environment required to allow companies to profit from their inventions, which encourages innovation efforts.

This leading work provides a unique perspective on EU competition law, authored by current and former members of DG Competition, and giving insider knowledge into policies and their application.
Fully updated in this third edition, the work includes new material on industries of growing importance in the competition field including pharmaceuticals and High Tech. A new chapter on pharmaceuticals and health care gives analysis of the pharmaceuticals sector enquiry report, the ECJ judgment in GSK, the Servier investigation, and various mergers. Coverage of the developing High Tech industry is covered in an expanded chapter on Communications.
Other updating includes full coverage of the latest legislation, case law and guidance, giving competition lawyers a comprehensive commentary on recent developments. Discussion of key legislative developments looks at the R&D and Specialization Block Exemption Regulations, the revised Verticals Block Exemption Regulation, and the Technology Transfer Block Exemption. Since the last edition of Faull and Nikpay, there has been a wealth of new guidance published which is fully covered in the third edition including Guidance on Hearing Officer procedures, Commission guidance on enforcement priorities for exclusionary conduct, non-horizontal mergers guidelines, Horizontal agreements guidelines, Verticals guidelines, and Commission Guidelines on Technology Transfer. Also, key recent cases covered in the new edition include Telefonica, Microsoft, Intel, Rambus, RWE, and GdF.

As merger transactions become more complex, so do the remedies involved. This book seeks to identify and examine the most important aspects of merger remedies, which have emerged and evolved in the European Commission's policy and practice over the past 20 years. The in-depth analysis of applicable provisions and guidelines is structured in accordance with a typical 'remedies lifecycle': the negotiation, submission, assessment, adoption, implementation and enforcement of remedies. Furthermore, numerous conditional clearance decisions and judgments as well as studies and legal literature on the subject are described and put into a coherent analytical framework with the aim of providing as much nuance as possible in the evaluation of the Commission's past and present remedies policy and practice. While the Commission indisputably has accomplished numerous successes in its remedies enforcement over the years, it has also encountered some significant obstacles and shortcomings along the way. To this effect, the final chapter in the book critically assesses whether the current framework, which has remained unchanged since 2008, continues to provide an adequate regulatory response to today's remedies issues and challenges. Where adjustments and improvements are deemed desirable or necessary, possible measures are considered.

This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikanova (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Moehlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).

Written by a worldwide team of experts, this book surveys and comments on the unfair competition laws of the world's leading economic powers. Following a standard pattern, each chapter introduces the reader to the latest developments in each jurisdiction, highlighting the ways in which the basic legislation and case law relates to enforcement issues, and how unfair competition laws fit with wider considerations of consumer protection and within prevailing intellectual property and competition law frameworks. Each of the country reports follows the same standard structure, which includes: background and general approach to unfair competition law * legal basis of unfair competition law and relations to neighboring areas of law * general considerations * general clause against unfair competition * marketing * protection of competitors against unfair trade practices * specific protection of consumers against unfair trade practices * enforcement. The country reports cover the following countries: Australia, Austria, Brazil, Canada, China, France, Germany, Hungary, India, Italy, Japan, Lithuania, Netherlands, Poland, Spain, South Africa, Sweden, Switzerland, Turkey, the UK, and the US.

For decades, the debate about the tension between intellectual property (IP) and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this 'cumulative innovation' is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study. Taking an integrated view of both IP and antitrust rules - in particular, on refusals to deal based on IP - the book assesses policy levers under European and US patent, copyright, and trade secrecy laws, such as the bar for and scope of protection, as well as research exemptions, compulsory licensing regimes, and misuse doctrines. It analyzes what the allocation of tasks is and should be between these IP levers and antitrust rules - in particular, the law on abuse of dominance (Article 102 TFEU) and monopolization (Section 2, Sherman Act). Particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP. Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft, and IBM/T3 (both EU and US). Further topics are covered, including IP protection for software, interoperability information, and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface. (Series: Hart Studies in Competition Law - Vol. 1)

This book gives comprehensive coverage of EU distribution law and the law relating to vertical agreements. Now in its second edition, it is the only book to provide a detailed and practice oriented analysis of the entire scope of vertical agreements under the new legislative framework. Written by two authors who assisted the Commission in its drafting and reviewing of the Regulation, the book gives invaluable practical commentary on the new general block exemption (Regulation 330/2010), the new Motor Vehicle Block Exemption regulation (Regulation 461/2010), and the accompanying new Vertical Guidelines, as well as on agreements which are not covered by a block exemption.
The authors consider issues directly relevant in the commercial world, answering questions such as: Under what conditions may a supplier impose territorial restrictions on his dealer network?: Is it possible to impose maximum retail prices?: Are customer restrictions permissible in a selective distribution system?: Can a supplier assume an exclusive supply obligation?: Is an exclusive supply-back obligation included in a subcontracting arrangement enforceable?
The authors draw on their experience in this area of competition law to address the more complex issues relating to vertical restraints. They offer practical solutions to commercial problems and provide an indispensable tool for all practitioners in this field.

This book proves that, as a result of the enhanced private antitrust enforcement reform, private international law has a vital role to play if EC competition rules are to be enforced effectively in court proceedings with an international element. To this end, the author makes a thorough analysis of how the post-2003 policy of the European Community - favoring private law enforcement of EC competition law - can be implemented under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime. The work also deals with how the jurisdiction and recognition and enforcement of judgments issues are dealt with in England under the common law rules applicable when Brussels I does not apply. Additionally, the complex private international law problems - in respect to cross-border class action and judgments in relation to antitrust infringements that have occurred in several countries - are discussed. The author further examines the choice of law issues that may arise before the English courts under Rome I and Rome II. The potential problems regarding jurisdiction of arbitral tribunals and choice of law in arbitral proceedings - in relation to EC competition law claims and the jurisdiction of English courts in proceedings ancillary to arbitration claims - are dealt with accordingly.

This book offers an original interpretation of the case law on exclusionary abuses under Article 82 EC (now Article 102 TFEU, according to the numbering introduced by the Treaty of Lisbon), and it identifies the various factors that have shaped the application of this provision through its history. The book provides an in-depth analysis of the European Commission's Guidance on enforcement priorities under Article 82 and it makes a provocative proposal for further modernisation of the analysis of exclusionary abuses by recasting the prohibition of abuse of dominance as a norm which deals only with unilateral conduct. The first part of the book reconsiders fundamental legal and economic concepts underpinning the assessment of exclusionary abuses and identifies the difficulties posed by the principal forms of abusive practices (refusals to deal, predatory pricing, rebates and tying). The EU case law is compared with the US experience under Section 2 of the Sherman Act. The second part of the book explores solutions, based on the premise that the reform of Article 82 (now Article 102 TFEU) should be in line with the modernisation of Article 81 (now Article 101 TFEU) and the EU merger control rules. The last chapter demonstrates the gradual convergence of the application of Articles 81 and 82 in the area of vertical restraints. It points towards a redefined division of labour between these two provisions with a view to ensuring efficient enforcement, better protection of consumer interests, and clearer incentives for dominant firms to invest in desirable commercial practices. The book will be of interest to students and practitioners of EU competition law, and to those in other jurisdictions where the application of competition law to practices of dominant firms is controversial.