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FULL Download Ebook PDF Jones Sufrins Eu Competition Law Text Cases and Materials 7th Edition PDF Ebook
FULL Download Ebook PDF Jones Sufrins Eu Competition Law Text Cases and Materials 7th Edition PDF Ebook
relating to consumer goods and digital content. These issues are likely to be a central focus of the
Commission’s current review of the EU competition law regime governing vertical agreements,
launched in 2018.
The area of vertical restraints shows national proceedings playing an increasingly important role
in the effective enforcement of EU competition law. Not only has the Commission sought to en-
courage further private litigation in the national courts (and the Damages Directive has now been
implemented in all Member States), but it has sought to empower NCAs to be more effective en-
forcers, and to preserve their independence. The ECN+ Directive, which aims to strengthen the in-
dependence and enforcement powers of NCAs, represents the most significant legislative advance
since the last edition. Its provisions, which must be transposed by Member States by February 2021,
are discussed in detail in Chapter 13.
As has already been explained, these and other developments have once again demanded much
change to the chapters in this edition. We have attempted to process these changes and to consider their
wider implications for the development of EU competition law and policy fully, whilst endeavouring
to keep the book manageable. Our aim with this edition is, as ever, to provide students, and all others
interested in competition law, with as comprehensive as possible a package of text, commentary, and
materials given the confines of space. That task becomes more difficult with each edition, given not
only the ever-expanding body of the law but also the ever-increasing body of literature and commen-
tary on it. The last three years have seen a wealth of new literature, including the publication of a
number of scholarly monographs, practitioner volumes, books combining law and economics, and
articles in law journals. This is evidence of the continuing dynamism, excitement, and commercial
importance of this area of law and its inter-disciplinary nature which sits at the interface of law and
economics. As always some things we would have liked to have included have been left on the cutting-
room floor but we have attempted to give readers at least a flavour of the main debates and ideas, and
to provide references and further reading indicating where these may be pursued.
We would like to extend our thanks to everyone who has assisted us in the preparation of this
edition, in particular, Massimiliano Kadar, Lisa Daniel, Lewis Knapp, Ryan Stones and the Centre of
European Law, the Dickson Poon School of Law at King’s College London, and the School of Law at
the London School of Economics for their generous research funding. We also owe a debt of gratitude
to Emily Hoyland, Amy Chard, Alec Swann, and their colleagues at OUP, our copy-editor Joy Ruskin-
Tompkins, and our proofreader, Hayley Buckley, for their helpfulness and efficiency.
Our intention was to state the law as at 8 February 2019. With the cooperation and patience of
OUP, however, we have been able to include a note at least of some later developments up until the
beginning of April 2019.
The authors would like to dedicate this edition to Graeme, Jack, Matilda and Holly Keen, and to
Mostyn Thomas Lowe John.
Alison Jones
Brenda Sufrin
Niamh Dunne
5 April 2019
vii
ACKNOWLEDGEMENTS
Grateful acknowledgement is made to all the authors and publishers of copyright material that
appear in this book, and in particular to the following for permission to reprint material from the
sources indicated:
Extracts from the reports of the European Court of Justice and Court of First Instance (ECR) are
taken from www.curia.europa.eu. These are unauthenticated reports and are reproduced free of
charge. The definitive versions are published in Reports of Cases before the Court of Justice or
the Official Journal of the European Union.
Extracts from Scalia, A. & Supreme Court Of The United States. (2003) U.S. Reports: Verizon
Communications Inc. v. Law Offices of Curtis V. Trinko, LLP, 540 U.S. 398. [Periodical] Retrieved
from the Library of Congress, https://www.loc.gov/item/usrep540398/; and Breyer, S. G. & Supreme
Court Of The United States. (2003) U.S. Reports: F. Hoffmann-La Roche Ltd. et al. v. Empagran
S. A. et al., 542 U.S. 155. [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/
item/usrep542155/, are in the public domain and have been reproduced free of charge.
Cambridge University Press: extracts from A. Jones and R. Nazzini, ‘ The Effect of Competition
Law on Patent Remedies’ in B Biddle, J.L. Contreras, B.J. Love, and N.V. Siebrasse, eds. Patent
Remedies and Complex Products: Toward a Global Consensus (Cambridge University Press,
2019). Reproduced with permission of Cambridge University Press through PLSclear.
Columbia Business Law Review: extracts from William E. Kovacic, ‘The Intellectual DNA of
Modern U.S. Competition Law For Dominant Firm Conduct: The Chicago/Harvard Double
Helix [2007] 1(1) Columbia Business LR 8-10.
Hart Publishing, an imprint of Bloomsbury Publishing Plc.: extracts from G. Amato: Antitrust and
the Bounds of Power (Hart, 1997). © G. Amato 1997.
Harvard Law Review Association: extracts from W. S. Comanor: ‘Vertical price-fixing, vertical
market restrictions, and the new antitrust policy’, 98 Harvard LR 983 (1985), copyright © 1985
The Harvard Law Review Association.
Herbert Hovenkamp: extracts from H. Hovenkamp, ‘Antitrust Policy After Chicago’, 84 Mich LR
213 (1985).
Oxford University Press: extracts from S. D. Anderman and J. Kallaugher, Technology Transfer
and the New EU Competition Rules: Intellectual Property Licensing after Modernization (OUP,
2006); J. Faull and A. Nikpay (eds.), The EU Law of Competition (3rd edn, OUP, 2014); C. Harding
and J. Joshua, Regulating Cartels in Europe (2nd edn, OUP, 2010); reproduced with permission of
Oxford University Press through PLSclear. Also extracts from J.L.da Cruz Vilaça, ‘The Intensity
of Judicial Review in Complex Economic Matters –Recent Competition Law Judgments of the
Court of Justice of the EU’ (2018) 6 J of Antitrust Enforcement 173, and the Journal of European
Competition Law and Practice, B. Meyring, ‘T-Mobile: Further confusion on information ex-
changes between competitors: Case C-8/08 T-Mobile Netherlands and others [2009] ECR I-4529’,
JECLAP 30 (2010).
RELX (UK) Limited, trading as LexisNexis: W. Allan, M. Furse, and B. Sufrin (eds.) Butterworths
Competition Law.
Sweet & Maxwell Ltd: extracts from S. Bishop and M. Walker, The Economics of EC Competition
Law: Concepts, Application and Measurement (3rd edn, Sweet & Maxwell, 2010); extracts from
European Law Review, P. Nebbia, ‘Damages Actions for the Infringement of EC Competition
x
x | ACKNOWLEDGEMENTS
Law: Compensation or Deterrence?’, ELRev (2008); extracts from R. Nazzini, ‘The Objective of
Private Remedies in EU Competition Law’, Global Competition Litigation Review (2011); extracts
from R. J. Van den Bergh and P. D. Camesasca, European Competition Law and Economics: A
Comparative Perspective (2nd edn, Sweet & Maxwell, 2006); and extracts from Common Market
Law Reports (CMLR). Reproduced with permission of Sweet & Maxwell Ltd through PLSclear.
West Academic: extracts from H. Hovenkamp, Federal Antitrust Policy: The Law of Competition
and its Practice (4th edn, West, 2011) and H. Hovenkamp, Federal Antitrust Policy: The Law of
Competition and its Practice (5th edn, West, 2016).
Wolters Kluwer Law & Business: extracts from Common Market Law Review, Giorgio Monti,
‘Article 81 EC and Public Policy’, CMLRev (2002) 1057, ‘The Scope of Collective Dominance
under Article 82C’, 38 CMLRev (2001) 131; and extracts from L. Peeperkorn, ‘IP Licences and
Competition Rules: Striking the Right Balance’, 26 World Competition (2003) 527; Case IV/
34.174, Sealink/B&I Holyhead: Interim Measures [1992] 5 CMLR 255, G. Monti, ‘Restraints on
Selective Distribution Agreements’ (2013) World Competition 36(4) 489.
Every effort has been made to trace and contact copyright holders prior to publication but this has
not been possible in every case. If notified, the publisher will undertake to rectify any errors or
omissions at the earliest opportunity.
OUTLINE CONTENTS
Index 1221
xii
CONTENTS
xiv | CONTENTS
xvi | CONTENTS
xviii | CONTENTS
xx | CONTENTS
8. COMPETITION, THE STATE, AND PUBLIC UNDERTAKINGS: ARTICLE 106 TFEU 582
1. Central Issues 582
2. Introduction 583
3. Article 4(3) TEU 585
4. Article 106 588
A. The Objectives of Article 106 588
B. The Format of Article 106 589
5. Article 106(1) 590
A. Definitions 590
B. Measures Forbidden by Article 106(1) 593
C. Summary of the Situations Which Infringe Article 106(1) in Conjunction
with Article 102 613
6. Article 106(2) 616
A. The Institutional Setting of Services of General Economic Interest 616
B. The Concepts and Terminology of ‘Services of General Economic Interest’
and ‘Services of General Interest’ 617
C. The Purpose of Article 106(2) 619
D. Undertakings Having the Character of a Revenue-Producing Monopoly 619
E. Undertakings Entrusted with the Operation of Services of General
Economic Interest 620
F. No Effect on Trade Contrary to the Interests of the Union 634
7. Services of General Economic Interest and State Aid 635
8. The Direct Effect of Article 106(1) and (2) 636
A. Article 106(1) 636
B. Article 106(2) 636
9. Article 106(3) 637
A. The Ambit of the Provision 637
B. Decisions 637
C. Directives 638
10. Conclusions 639
11. Further Reading 640
CONTENTS | xxi
xxii | CONTENTS
C. The Relationship Between Intellectual Property Rights and Competition Law 813
D. The Relationship Between Intellectual Property Rights and the Free
Movement Rules 816
3. Exploiting Intellectual Property Rights by Licensing 817
A. General 817
B. Commercial Considerations in Licences 818
C. Development of Competition Policy Towards Licensing of Intellectual
Property Rights 821
D. The 2014 TTBER and the Technology Transfer Guidelines 832
4. Regulation 316/2014, the Technology Transfer Block Exemption 836
A. General 836
B. The Scheme of the TTBER 837
C. Principal Features of the TTBER 837
D. Scope of the TTBER 838
E. Safe Harbour: The Market Share Thresholds 840
F. Hardcore Restrictions 844
G. Excluded Restrictions 848
H. Withdrawal and Disapplication of the Block Exemption 850
5. The Application of Article 101 to Licensing Agreements Falling Outside the TTBER 851
A. General Principles 851
B. Specific Provisions 852
6. Trade Mark Licences 864
A. General 864
B. The Campari Decision and Moosehead/Whitbread Decisions 865
C. The Current Position 866
7. Trade Mark Delimitation Agreements 866
8. Copyright (Other Than Software) Licences 867
A. General 867
B. Broadcasting Licences and Performance Copyright 867
C. Collective Licensing of Copyright 869
9. The Application of Article 102 to Intellectual Property Rights 870
10. Conclusions 870
11. Further Reading 871
13. PUBLIC ENFORCEMENT BY THE COMMISSION AND THE NATIONAL
COMPETITION AUTHORITIES OF THE ANTITRUST PROVISIONS 872
1. Central Issues 872
2. Introduction 873
3. Overview of the EU Enforcement Regime from May 2004 873
4. Modernisation and Regulation 1/2003 874
A. The Old Enforcement Regime Under Regulation 17 874
B. The Modernisation White Paper 875
C. Regulation 1/2003 and the Modernisation ‘Package’ 876
xxvi
xxiv | CONTENTS
—Gain spier!
Maar Jood bleef stil even van z’n hoogte loeren met
z’n gitpupillen op Piet gestard, en toen juichend den
kring rond, hoed in den hand, schorde en stootte z’n
stem weer:
[Inhoud]
III.