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ABOUT THE BOOK

The recent modification of the European Antitrust Law system, which concerns both the substance of the prohibitions and the system of enforcement, called for a thorough re-examination of this sector. Against this background, this book offers a new and coherent organisation of the subject. It takes into consideration the changes not only to the interpretation of Articles 81 and 82 EC, but also to the procedural aspects related to Reg. 1/03. In this context, the reform of Reg. 139/04 on European merger control is also fully taken into consideration.

European Antitrust Law places current EC antitrust and merger control rules in their historical context, considering both the economic foundations and guiding principles of the law. It will therefore be an invaluable and stimulating guide to EC antitrust for scholars, students and practitioners alike.

TABLE OF CONTENTS

PART I: CARTELS AND THE PROCESS OF EUROPEAN INTEGRATION
1. The Worldwide Industrialisation of the 19th Century and the ‘Cartelisation’ of the European Economy

2. The Dissolution of the Worldwide Steel Cartel and the Establishment of the ECSC System

3. The EEC and the Birth of European Competition Law

PART II: EUROPEAN ANTITRUST POWERS
4. The Antitrust Powers of the EC Treaty and the Concept of Antitrust Law

5. The Goals of European Antitrust Law

6. The Characteristics of Articles 81 and 82 EC

7. The Scope of of Articles 81 and 82 EC

PART III: ARTICLE 81 EC
8. The Drafting of Article 81 EC

9. The Implementation of Article 81 EC

10. The Content of Article 81 EC

11. Article 81 EC and Horizontal Agreements

12. Article 81 EC and Vertical Agreements

PART IV: ARTICLE 82 EC
13. The Drafting of Article 82 EC

14. The Implementation of Article 82 EC

15. The Content of Article 82 EC

16. Article 82 EC and Exclusionary Abuses

17. Article 82 EC and Exploitative Abuses

18. Article 82 and Discriminatory Abuses

PART V: ARTICLES 81 AND 82 EC APPLIED TO THE MEMBER STATES
19. The Combined Effect of Articles 10 and 81 EC

20. The Combined Effect of Article 82 and 86(1) EC

21. The Binding Nature of Unlawful National Measures and the Antitrust Liability of Private Persons and the Member States

PART VI: VERTICAL ASPECTS OF EUROPEAN ANTITRUST LAW
22. European Antitrust Powers and the Principles of Subsidiarity and Proportionality

23. Principles to Resolve the Conflict between European Antitrust Law and National Laws under the EC Treaty and Regulation 1/03

PART VII: THE BODIES AND INSTITUTIONS OF THE EUROPEAN ANTITRUST ENFORCEMENT SYSTEM
24. The Commission

25. National Antitrust Authorities

26. Antitrust Federalism

27. National Courts

PART VIII: THE ANTITRUST ENFORCEMENT SYSTEM ESTABLISHED BY THE EC TREATY
28. The Commission: Powers, Decisions and Penalties

29. National Antitrust Authorities: Powers, Decisions and Penalties

30. Mechanisms Allowing Cooperation between the Commission and National Antitrust Authorities

31. Mechanisms Allowing the Commission and National Antitrust Authorities to Control Each Other

32. Judicial Enforcement of Antitrust Law

PART IX: THE ANTITRUST ENFORCEMENT SYSTEM ESTABLISHED BY REGULATION 1/03
33. The Evolution of the Policy of Decentralising Antitrust Law

34. The Commission: Decisions, Powers of Investigation and Penalties

35. National Antitrust Authorities: Decisions, Powers of Investigation and Penalties

36. Mechanisms Allowing Cooperation between the Commission and National Antitrust Authorities: Vertical and Horizontal Cooperation

37. Control Mechanisms Allowing the Commission and National Antitrust Authorities to Control Each Other: Vertical Descending, Peer and Vertical Ascending Control

38. Judicial Enforcement of Antitrust Law

39. Mechanisms Allowing Cooperation between the Commission and the National Courts

40. Mechanisms Allowing the Commission and National Antitrust Authorities to Monitor the Decisions of the National Courts

PART X: EUROPEAN MERGER CONTROL
41. The Role of Merger Control in the EC Treaty

42. Competence in the Field of Merger Control in the EC Treaty

43. Basic Concepts of European Merger Control: The Concept of Merger, Merger Subject to Notification and Prohibited Merger

44. Allocation of European Merger Control Powers as between the Community and the Member States

PART XI: THE MERGER CONTROL SYSTEM ESTABLISHED BY REGULATION 139/04
45. The Commission: Powers, Proceedings Assessing the Merger and Penalties

46. National Antitrust Authorities: Powers

47. Mechanisms Allowing Cooperation between the Commission and National Antitrust Authorities

48. Mechanisms Allowing the Commission and National Antitrust Authorities to Control Each Other

Bibliography

Index