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The understanding of Article 86 (formerly Article 90) of the EC
Treaty is vital to any competition lawyer working in Europe.
Writing with first-hand experience of dealing with Article 86 cases
at DG IV, the author provides detailed examination of this Article
and the law concerning exclusive rights and State monopolies.;With
analysis of the relevant case-law, attention is paid to all the key
areas including: the definition of "exclusive rights" and "economic
activities" the remedial possibilities offered by the often
neglected Article 31(formerly Article 37), the application of
Article 86(1) in conjunction with the competition rules (Article 82
(formerly Article 86)), proportionality in the context of Article
86(2) and decisions and directives under Article 86(3) and their
relationship with harmonization directives.;The text offers
practical insights and intelligent solutions to many of the
problems posed by the applications of these rules.
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