EU Competition Law and its Territorial Reach. The EU Treaties. EU Competition Law. The Institutional Structure of the EU. Territorial Ambit of EU Competition Rules. The Territorial Jurisdiction of the EU Institutions. Effect on Trade between Member States. Article 101. Undertakings. Agreements, Decisions and Concerted Practices. The Prevention, Restriction or Distortion of Competition. Appreciable Effect on Competition. Article 101(3). Application in Individual Cases. Block Exemption. Article 53(3) of the EEA Agreement. Market Definition. Introduction and Overview. Relevant Product Market. Relevant Geographic Market. Temporal Market. Cartels. An Overview. Prices and Pricing Restrictions. Output Restrictions. Market-sharing and Customer Allocation. Information Exchange. Collective Exclusive Dealing. Non-Covert Horizontal Cooperation. Information Exchange. Cooperation in Research and Development.Production Agreements and Specialisation Agreements. Joint Purchasing Agreements. Commercialisation: Joint Selling, Marketing and Distribution. Standardisation Agreements and Agreements on Standard Terms. Trade Associations. Horizontal Cooperation Agreements-illustrations from Specific Sectors. Vertical Agreements Affecting Distribution or Supply. Vertical Agreements: General Principles. Regulation 330/2010. Exclusive Distribution and Supply Agreements. Selective Distribution Systems. Motor Vehicle Distribution and Servicing. Exclusive Purchasing, Single Branding and Tying. Franchising Agreements. Agency Agreements. Subcontracting. Waste Packaging Recycling Arrangements. Merger Control. Jurisdictional Scope of the Merger Regulation. Procedure. Substantive Appraisal of Concentrations. Judicial Review by the EU Courts. Application of Articles 101 and 102 in Field of Mergers and Acquisitions. National Merger Control and International Cooperation. Intellectual Property Rights. Free Movement and Intellectual Property Rights. Articles 101 and 102 and the Enforcement of Intellectual Property Rights. Collective Licensing of Intellectual Property Rights. Licensing Intellectual Property Rights. The Block Exemption for Technology Transfer Agreements. Article 102. Dominant Position. Abuse of a Dominant Position. The Competition Rules and the Acts of Member States. State Compulsion. The Application and Enforcement of the Prohibition in Article 106(1). Unenforceability of National Measures: Article 4(3) TEU. State Monopolies of a Commercial Character: Article 37. Derogation under Articles 106(2) and 346. Sectoral Regimes. Electronic Communicarions. Energy. Insurance. Postal Services. Agriculture. Transport.Enforcement and Procedure. Fundamental Rights and the Commission’s Powers of Enforcement. The Commission’s Powers oflnvestigation. Complaincs. Formal Procedure Prior toan Adverse Decision. Commitments and Settlement. Interim Measures. Findings of Inapplicability, Declarations of Infringement and
Orders to Terminate. Review by the General Court. Appeals ro the Court ofJustice
Fines for Substantive Infringements. The Basic Amount of the Fine. Aggravating and Mitigating Circumstances. Deterrence, Disgorgement of Benefit and Inability to Pay. Ancillary Matters of Law and Practice. The Leniency Notice. Settlement
. Periodic Penalty Payments. The Enforcement of the Competition Rules by
National Competition Authorities. The European Competition Network (‘ECN’). Cooperation between members of the ECN in the Application of the Competition Rules. Cooperation between the Commission and National Courts. Convergence and Consistency in the Application of the Competition Rules Litigating Infringements in the National Courts. Effectiveness and Equivalence of National Procedures. Forum and Applicable Law. Establishing the Existence of an Infringement. Declarations of Invalidity. Injunctive Relief. Actions for Damages. Reliance on Articles 101 and 102 as a Defense. Arbitration Proceedings. State Aids. The Concept of an Aid. Aids that are Compatible with the Internal Market. Aids that may be Compatible with the Internal Market. Supervision under Article 108. The Council’s Legislative Powers. Unlawful Aid and Misuse ofAid. Judicial Remedies
