(Download PDF) Competition Law 9Th Edition by Richard Whish Full Chapter PDF

(eBook PDF) Competition Law 9th
Edition by Richard Whish

Visit to download the full and correct content document:
https://ebookmass.com/product/ebook-pdf-competition-law-9th-edition-by-richard-whi
sh/
More products digital (pdf, epub, mobi) instant
download maybe you interests ...
(eBook PDF) Business Law and the Regulation of Business

13th Edition by Richard A. Mann
https://ebookmass.com/product/ebook-pdf-business-law-and-the-
regulation-of-business-13th-edition-by-richard-a-mann/
(Original PDF) Intro Stats 5th Edition by Richard
https://ebookmass.com/product/original-pdf-intro-stats-5th-
edition-by-richard/
Trademarks and Unfair Competition: Law Policy (Aspen

Casebook) 5th Edition – Ebook PDF Version
https://ebookmass.com/product/trademarks-and-unfair-competition-
law-policy-aspen-casebook-5th-edition-ebook-pdf-version/
(eBook PDF) Employment Law for Business 9th Edition
https://ebookmass.com/product/ebook-pdf-employment-law-for-
business-9th-edition/
Trademarks and Unfair Competition: Law and Policy
(Aspen Casebook Series) 5th Edition, (Ebook PDF)
https://ebookmass.com/product/trademarks-and-unfair-competition-
law-and-policy-aspen-casebook-series-5th-edition-ebook-pdf/
Changes by Competition Hyeong-Ki Kwon [Kwon
https://ebookmass.com/product/changes-by-competition-hyeong-ki-
kwon-kwon/
(eTextbook PDF) for Invertebrates 3rd Edition by

Richard C. Brusca
https://ebookmass.com/product/etextbook-pdf-for-
invertebrates-3rd-edition-by-richard-c-brusca/
(eBook PDF) Behavioral Neuroscience 9th Edition by S.

Marc Breedlove
https://ebookmass.com/product/ebook-pdf-behavioral-
neuroscience-9th-edition-by-s-marc-breedlove/
(eBook PDF) Theories of Personality 9th Edition by Jess

Feist
https://ebookmass.com/product/ebook-pdf-theories-of-
personality-9th-edition-by-jess-feist/
Preface to the ninth edition
From: Competition Law (9th Edition)

Richard Whish, David Bailey
Previous Edition (8 ed.)
Content type: Book content

Product: Oxford Competition Law [OCL]
Published in print: 26 July 2018
ISBN: 9780198779063
It was only three years ago that we wrote the preface to the eighth edition of this book. We
commented then on how much had changed since the previous edition and noted that
keeping up to date with developments in competition law and policy is ‘stimulating and
challenging in equal measure’. It remains so. Barely a day goes by without a development of
some kind. What we did not anticipate in 2015 was that we would be preparing the ninth
edition against the backdrop of Brexit. The referendum in the UK on 23 June 2016 will lead
to its departure from the EU on 29 March 2019. Obviously we had to consider how to deal
with this momentous turn of events in this edition of the book. Our conclusion was that
there was relatively little at this stage that we could do: the book will publish in Summer
2018, and the UK will remain a Member State of the EU until March 2019; it is possible
that there will follow a transitional period (though ‘nothing is agreed until everything is
agreed’) that could run until the end of 2020. This being so we have decided to continue on
the basis of the existing law, although at some points in the text we have put down markers
for the future: for example it seems unlikely that section 60 of the Competition Act 1998,
which requires the competition authorities in the UK to maintain consistency with the
jurisprudence of the EU Courts, will survive Brexit in its current form. The Brexit
Competition Law Working Group (www.bclwg.org), of which Richard was a member,
considered that the major challenges for UK competition law and policy raised by Brexit
were not in relation to substantive law: the Competition Act 1998 and the Enterprise Act
2002, which will remain after Brexit, are basically ‘fit for purpose’. The important issues to
be addressed concern transitional arrangements and international cooperation, with the
European Commission, the national competition authorities of the Member States, and with
other institutions beyond the EU. There may also be consequences for the private
enforcement of EU competition law in the UK courts; for example an infringement of
Articles 101 and 102 TFEU will no longer be a tortious breach of statutory duty. At the time
of writing, nothing has been decided on any of these issues, and we see little point in
speculating on them in this book, the purpose of which is to guide the reader through the
law of today rather than what it might look like tomorrow. For us, the authors of this book,
the challenge will be to decide what a tenth edition will look like, something which we
From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. Subscriber:
McGill University; date: 09 November 2020
2. Gathering Information About Markets 463
3. Super-Complaints 463
4. Market Studies 465
5. Market Investigation References 469
6. Public Interest Cases 481
7. Enforcement 482
8. Supplementary Provisions 485
9. The Market Investigation Provisions in Practice 488
10. Orders and Undertakings Under the Fair Trading Act 1973 493
12 The international dimension of competition law 494
1. Introduction 494
2. Extraterritoriality: Theory 495
3. The Extraterritorial Application of US Antitrust Law 498
4. The Extraterritorial Application of EU Competition Law 502
5. The Extraterritorial Application of UK Competition Law 508
6. Resistance to Extraterritorial Application of Competition Law 512
7. The Internationalisation of Competition Law 514
13 Horizontal agreements (1): cartels 520
1. Introduction 520
2. Widespread Consensus that Cartels Should be Prohibited 521
3. EU Policy Towards Cartels 524
4. Horizontal Price Fixing 530
5. Horizontal Market Sharing 541
6. Quotas and Other Restrictions on Production 544
7. Collusive Tendering 547
(p. x) 8. Agreements Relating to Terms and Conditions 549
9. Exchanges of Information 551
10. Advertising Restrictions 559
11. Anti-Competitive Horizontal Restraints 561
12. UK Law 564
14 Horizontal agreements (2): oligopoly, tacit collusion and collective

dominance 570
1. Introduction 570
2. The Theory of Oligopolistic Interdependence 571
3. Article 101 578
4. Article 102 and Collective Dominance 583
5. UK Law 594
15 Horizontal agreements (3): cooperation agreements 597
1. Introduction 597
2. Full-Function Joint Ventures 598
3. The Application of Article 101 to Horizontal Cooperation Agreements
and the Commission’s Guidelines on Horizontal Cooperation Agreements 598
4. Information Exchange 604
5. Research and Development Agreements 604
6. Production Agreements 611
7. Purchasing Agreements 615
8. Commercialisation Agreements 617
9. Standardisation Agreements 619
10. Other Cases of Permissible Horizontal Cooperation 624
11. The Application of the Chapter I Prohibition in the UK Competition
Act 1998 to Horizontal Cooperation Agreements 627
16 Vertical agreements 629
1. Introduction 629
2. The Distribution Chain 630
3. Vertical Integration 632
4. Commercial Agents 634
5. Vertical Agreements: Competition Policy Considerations 637
6. Vertical Agreements: Article 101(1) 642
7. Vertical Agreements: Regulation 330/2010 664
8. Vertical Agreements: Individual Application of Article 101(3) 687
9. Vertical Agreements: Enforcement 689
10. Regulation 461/2010 on Motor Vehicle Distribution 689
11. Sub-Contracting Agreements 691
12. UK Law 692
(p. xi) 17 Abuse of dominance (1): non-pricing practices 697
1. Introduction 697
2. Exclusive Dealing Agreements 698
3. Tying 705
4. Refusal to Supply 713
5. Non-Pricing Abuses that are Harmful to the Internal Market 727
6. Miscellaneous Other Non-Pricing Abuses 728
18 Abuse of dominance (2): pricing practices 732
1. Introduction 732
2. Cost Concepts 733
3. Excessive Pricing 735
4. Conditional Rebates 746
5. Bundling 754
6. Predatory Pricing 756
7. Margin Squeeze 771
8. Price Discrimination 777
9. Pricing Practices that are Harmful to the Single Market 783
19 The relationship between intellectual property rights and

competition law 785
1. Introduction 785
2. Licences of Intellectual Property Rights: Article 101 788
3. Technology Transfer Agreements: Regulation 316/2014 798
4. The Application of Article 101 to Other Agreements Relating to
Intellectual Property Rights 808
5. Article 102 and Intellectual Property Rights 814
6. UK Law 827
20 Mergers (1): introduction 829
1. Introduction 829
2. Terminology 829
3. Merger Activity 831
4. The Proliferation of Systems of Merger Control 832
5. Why Do Firms Merge? 833
6. What is the Purpose of Merger Control? 836
7. Designing a System of Merger Control 846
21 Mergers (2): EU law 848
1. Introduction 848
2. Overview of EU Merger Control 849
3. Jurisdiction 852
(p. xii) 4. Notification, Suspension of Concentrations, Procedural
Timetable and Powers of Decision 876
5. Substantive Analysis 882
6. Remedies 907
7. Powers of Investigation and Enforcement 913
8. Judicial Review 915
9. International Cooperation 921
10. The EUMR in Practice 922
22 Mergers (3): UK law 932
1. Introduction 932
2. Overview of UK Merger Control 933
3. The CMA’s Duty to Make References: Phase 1 Investigations 936
4. Determination of References by the CMA: Phase 2 Investigations 956
5. The ‘Substantial Lessening of Competition’ Test 959
6. Enforcement 969
7. Supplementary Provisions 978
8. The Merger Provisions in Practice 981
9. ‘Public Interest Cases’, ‘Other Special Cases’ and Mergers in the Water
Industry 986
23 Particular sectors 994
1. Introduction 994
2. Nuclear Energy 994
3. Military Equipment 995
4. Agriculture 995
5. Coal and Steel 999
6. Transport 999
7. Regulated Industries 1008
8. Electronic Communications 1011
9. Post 1016
10. Energy 1020
11. Water 1023
Bibliography 1025
Index 1029
Table of treaties and conventions
Richard Whish BA BCL (Oxon), QC (Hon), David Bailey LLB (King’s
College London), LLM (Harv)


ISBN: 9780198779063
Agreement to establish the European Economic Agreement (EEA Agreement) [1994]

OJ L 1/1
Art 53 58, 92
Art 54 58
Art 55 58
Art 56 58
Art 57 58, 921
Art 58 921
Art 106 58
Art 108 58
Protocol 22, Art 1 83
Agreement on the Establishment of a Surveillance Authority and a Court of Justice, 2

May 1992 58
Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS

Agreement’)
Art 8(2) 815
Charter of Fundamental Rights of the European Union OJ [2010] C 83/389 256, 257,
526
Art 7 282
Art 47 729
Art 47(1) 257
Art 49 285
Art 51 257
EC Treaty
Art 3(1)(g) 52, 209, 222, 225
Art 16 244, 245
ECSC Treaty 288, 370, 999

Art 65(1) 558
Art 66 775
Art 66(1) 209
EEC Treaty
Art 3(f) 209
EU/US Cooperation Agreement of 23 September 1991 [1991] 4 CMLR 823 517

Art II 517
Art II(3) 517
Art III 517
Art IV 517
Art V 517, 518
Art VI 517
Art VII 517
Art VIII 517
Art IX 517
European Convention on Human Rights 256, 526

Art 6 409
Art 6(1) 257
Art 8 282, 283
European Patent Convention
Art 52(1) 787
Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters

497, 512
Lisbon Treaty 2009 50, 225, 245
Maastricht Treaty 1992 50
Positive Comity Agreement of 4 June 1998 518

Art I 518
Art II 518
Art II(4) 518
Art III 518
Art IV 518
Art V 518
Art VI 518
Treaty of Amsterdam OJ [1997] C 340/136 141
Treaty of Rome 1957 1
Treaty on European Union (TEU) 50

Art 3(3) 51, 52, 91, 222
Art 4(3) 185, 222, 223, 224, 225, 226, 227, 228, 229, 230, 298, 320, 921
Art 6(1) 256
Art 17(1) 54
Art 51 52, 245
Treaty on the Functioning of the European Union (TFEU) 50

Pt 3, Title VII, ch 1 51
Art 3(1)(b) 52
Art 9 91
Art 11 164
Art 14 244, 245
Art 18 230, 234, 725
Art 34 230, 234
Art 37 185, 222, 245, 251–2
Art 37(1) 251, 252
Art 37(2) 251
Arts 38–44 995
Art 39 995, 997, 998
Art 39(2) 998
Art 43 1005
Art 45 230
Art 49 872, 875
Art 56 139, 230
Art 57 230
Arts 63–66 230
Art 63 872, 875
Arts 90–100 999
Art 90(1) 999
Art 90(2) 999
Art 101 34, 42, 53, 56, 57, 58, 59, 60, 63, 64, 68, 70, 72, 73, 74, 76, 77, 79, 83,
92, 94, 95, 97, 98, 99, 101, 104, 121, 123, 141, 149, 151, 152, 180, 197, 217,
224, 225, 227, 228, 234, 237, 255, 256, 257, 260, 262, 264, 268, 270, 275, 279,
283, 285, 288, 291, 293, 298, 299, 303, 306–42, 347, 370, 372, 389, 392, 395,
398, 399, 402, 413, 417, 420, 425, 430, 449, 453, 461, 469, 475, 476, 502–6,
521, 529, 562, 564, 570, 573, 576, 577, 578–81, 586, 587, 594, 595, 598–604,
637, 667, 670, 677, 689, 698, 699, 807, 808, 810, 811, 813, 814, 827, 854, 858,
866, 893, 903, 905, 995, 996, 999, 1002, 1003, 1006, 1007, 1010, 1015, 1020,
1021, 1024
Art 101(1) 13, 25, 51, 75, 78, 82–156, 157, 167, 227, 228, 229, 234, 246, 259,
267, 329, 347, 357, 361, 375, 414, 430, 502, 531–9, 548–9, 553, 554, 556, 557,
560–1, 564, 573, 578, 581, 582, 586, 592, 598, 599, 602–3, 604, 606–7, 608,
614, 616, 618, 620–2, 623, 624, 625, 627, 633, 634, 635, 636, 637, 638, 639,
641, 642–64, 665, 666, 669, 670, 672, 674, 677, 678, 679, 686, 687, 690, 691,
692, 698, 701, 768, 789, 790, 791, 793, 794, 795, 796, 797, 799, 803, 807, 809,
810, 811, 813, 814, 821, 996, 997, 1018, 1022
Art 101(1)(a) 531
Art 101(1)(b) 129, 138, 545(p. xiv)
Art 101(1)(c) 129, 542
Art 101(1)(d) 362
Art 101(1)(e) 362
Art 101(2) 28, 82, 267, 296, 336–7, 338, 340, 362, 684
Art 101(3) 51, 54, 78, 82, 110, 119, 120, 126, 127, 128, 137, 141, 142, 143, 156,
157–179, 217, 259, 267, 270, 336, 337, 357, 372, 373, 374, 375, 539, 540, 541,
544, 547, 549, 551, 554, 558, 561, 577, 583, 598, 599, 602, 603–4, 607, 610,
611, 613, 614, 615, 616, 617, 618–19, 620, 622, 623, 624, 627, 628, 636, 639,
642, 643, 645, 646, 650, 651, 654, 656, 658, 659, 662, 663, 666, 674, 678, 686,
687–8, 698, 701, 790, 791, 794, 796, 797, 803, 807, 809, 811, 994, 1018, 1021,
1024
Art 102 21, 25, 28, 30, 34, 38, 48, 51, 52, 53, 56, 57, 58, 60, 63, 64, 68, 70, 72,
73, 74, 76, 77, 78, 79, 83, 95, 99, 121, 134, 141, 151, 152, 172, 180–221, 224,
225, 234, 235, 238, 239, 242, 255, 256, 257, 259, 260, 261, 262, 264, 268, 270,
275, 276, 279, 283, 285, 288, 293, 298, 299, 303, 306–42, 344, 378, 384, 387,
389, 392, 398, 399, 402, 413, 420, 430, 449, 453, 461, 469, 475, 476, 502–6,
541, 570, 573, 576, 583–94, 623–4, 625, 633, 637, 638, 643, 660, 666, 667, 669,
689, 697, 698, 699–703, 705, 708, 714, 715, 717, 718, 728, 729, 732, 735, 736,
737, 742, 743, 747, 748, 751, 753, 754, 756, 760, 761, 764, 767, 768, 773, 774,
779, 782, 813, 814, 815, 818, 820, 824, 826, 828, 837, 866, 985, 999, 1002,
1003, 1010, 1013, 1015, 1017, 1019, 1020, 1022
Art 102(a)–(c) 236
Art 102(2)(a) 592, 736, 737
Art 102(b) 239, 593, 819
Art 102(2)(c) 241, 242, 764, 766, 768, 772, 779, 780, 781, 782
Art 102(2)(d) 708, 710, 712, 754
Art 103 54
Art 103(b) 28
Art 104 226, 1006
Art 105 1006
Art 105(2) 226
Art 106 222, 229–51
Art 106(1) 51, 223, 224, 230, 231, 233, 234, 235, 236, 237, 238, 239, 240, 241,
242, 246, 247, 248, 249, 251
Art 106(2) 84, 87, 141, 144, 185, 188, 230, 236, 241, 242, 243, 244, 245, 247,
248, 252, 253, 368, 1017, 1018
Art 106(3) 224, 248, 249, 250, 251, 252, 1012
Art 107–109 51, 222, 252–4
Art 107 88, 253, 254
Art 107(1) 253
Art 107(2) 253
Art 107(3) 253
Art 108 253
Art 108(2)(i) 253
Art 108(3) 253
Art 109 250, 254
Art 114 251, 1011
Art 115 251
Art 118(1) 786
Art 119 222, 223
Art 119(1) 51, 52, 185
Arts 145–159 164
Art 153 91
Art 167 164
Art 173 164, 165
Arts 174–178 164
Art 179(2) 607
Arts 191–193 164
Art 194 1020
Art 258 224, 249, 252, 253, 548, 872
Art 259 253
Art 261 56, 300, 303, 915
Art 263 56, 301, 302, 915, 916
Art 263(2) 303
Art 263(4) 302
Art 263(5) 301
Art 265 56, 300, 301
Art 265(2) 301
Art 267 56, 223, 247, 310, 318, 319, 342, 392, 461, 557, 599, 737, 742, 768,
774, 782, 817, 821
Art 268 301
Art 288 319
Art 296 173, 248
Art 339 297, 317
Art 340 301, 303
Art 345 219, 223, 815
Art 346 370, 853, 875
Art 346(1) 995
Art 346(1)(b) 875, 995
Art 346(2) 995
Art 352 54
Protocol 23 58
Protocol 24 58, 921
Protocol 26 245
Protocol 27 to the treaties 52, 185, 225
Treaty of Paris 1951 999
UK/US Mutual Assistance Treaty 498
Table of EU legislation
Richard Whish BA BCL (Oxon), QC (Hon), David Bailey LLB (King’s
College London), LLM (Harv)


ISBN: 9780198779063
Regulations
Regulation 17/62 JO [1962] 204/62 158, 161, 174, 175, 256, 261, 263, 264, 279, 282,
283, 298, 1002
Art 3(2) 302
Art 9(1) 158, 174
Art 11 278
Art 14(3) 282
Regulation 19/65 OJ [1965] p 533, OJ [1965–66] p 35 177, 798, 799

Art 1(a) 667
Regulation 67/67 10 JO Comm Eur 849 [1967] 665
Regulation 141 OJ (Sp ed, 1959–62) 291 999
Regulation 1017/68, OJ [1968] L 175/1 999

Art 4 176
Regulation 2821/71 OJ [1971] L 285/46 177, 613
Regulation 2988/74 OJ [1974] L 319/1 293, 298

Art 26 294
Regulation 1983/83, OJ [1983] L 173/1 665
Regulation 1984/83, OJ [1983] L 173/5 665
Regulation 123/85, OJ [1985] L 15/16 690
Regulation 4056/86, OJ [1986] L 378/1 999, 1002

Art 2 1002, 1003
Arts 3–4 1002
Arts 3–6 176
Art 16(3) 1003
Regulation 3975/87, OJ [1987] L 374/1 999, 1006
Regulation 4087/88 for franchise agreements OJ [1988] L 359/46 665
Regulation 556/89 OJ [1990] L 257/15 793, 796
Regulation 2299/89 on a code of conduct for computerised reservation systems 721,

1005
Regulation 4064/89/EEC, OJ [1990] L 257/13 729, 849
Regulation 2343/90, OJ [1990] L 217/8 1005
Regulation 249/91, OJ [1991] L 36/1 1005
Regulation 1534/91, OJ [1991] L 143/1 178
Regulation 95/93, OJ [1993] L 14/1, as amended in particular by Regulation

Regulation 793/2004, OJ [2004] L 138/50 1005
Regulation 1475/95, OJ [1995] L 145/25 690
Regulation 240/96 on technology transfer agreements 342, 793
Regulation 1310/97, OJ [1997] L 180/1 849
Regulation 1215/99, OJ [1999] L 148/1 177, 667, 800
Regulation 2790/99, OJ [1999] L 336/21 665, 671, 675, 676

Art 3 675
Regulation 44/2001
Art 2 320
Art 5(3) 320
Art 6 320, 321
Art 17 321
Art 28 322
Regulation 1049/2001, OJ [2001] L 145/43 295, 314
Regulation 1206/2001, OJ [2001] L 174/1 497
Regulation 6/2002, OJ [2002] L 3/1 787
Regulation 1400/2002, OJ [2002] L 203/30 690
Regulation 1/2003, OJ [2003] L 1/1 53, 59, 60, 63, 76–79, 120, 151, 158, 161, 163,
164, 165, 167, 174, 176, 179, 186, 255–305, 306, 392, 407, 475, 577, 599, 693, 866,
913, 1002, 1008
Recital 3 174
Recital 5 159, 260
Recital 6 260
Recital 7 57
Recital 8 78
Recital 9 79, 186
Recital 10 385
Recital 11 263
Recital 12 262
Recital 13 265
Recital 15 273
Recital 21 274, 317
Recital 22 267, 319
Recital 23 278, 279
Recital 25 282
Recital 26 284
Recital 37 256
Recital 38 269, 270
Art 1(2) 373
Art 2 159, 259, 372, 603, 666
Art 3 50, 76, 77, 361, 392, 476
Art 3(1) 57, 77, 151, 186, 361
Art 3(2) 78, 79, 151, 186, 267, 376, 387, 475, 717
Art 3(3) 78, 79, 186
Arts 4–6 260
Art 6 261, 316
Arts 7–10 261, 274, 297
Art 7 184, 219, 262, 264, 266, 268, 316
Art 7(1) 261, 262, 263
Art 7(2) 263, 302
Art 8 263, 285, 324
Art 8(1) 263
Art 9 114, 161, 175, 179, 185, 264–269, 285, 294, 300, 535, 540, 541, 589, 619,
622, 624, 636, 690, 702, 720, 742, 775, 1001, 1004, 1006
Art 9(1) 265, 581, 627, 995
Art 10 179, 269, 270, 294, 688
Arts 11–14 274
Art 11(2) 274
Art 11(3) 274
Art 11(4) 151
Art 11(5) 275
Art 11(6) 77, 151, 274, 275, 276, 299
Art 12 151, 275, 276, 277
Art 12(1) 275
Art 12(2) 275
Art 12(3) 275
Art 13 276
Art 13(1) 276
Art 13(2) 276
Art 14 56
Art 14(1) 276
Art 14(2) 276
Art 14(3) 276
Art 14(4) 276(p. xvi)
Art 14(5) 276
Art 14(7) 276
Art 15 151, 277, 316, 317, 320, 327
Art 15(1) 317, 318
Art 15(2) 318
Art 15(3) 318
Art 15(4) 318
Art 16 77, 151, 277, 316, 327
Art 16(1) 194, 277, 319, 328
Art 16(2) 77, 277
Art 17 277, 285, 1021
Art 17(1) 277
Art 17(2) 277
Art 17(3) 318
Art 18 277, 285, 305, 505
Art 18(1) 277
Art 18(2) 278, 279, 505
Art 18(3) 278, 279, 505
Art 18(4) 278
Art 18(5) 278
Art 18(6) 278
Art 19 281
Art 20 278, 281, 285, 411, 505, 506
Art 20(1) 281, 284
Art 20(2) 281
Art 20(3) 282
Art 20(4) 282, 284
Art 20(5) 284
Art 20(6) 284
Art 20(7) 284
Art 20(8) 284
Art 21 278, 281, 284, 285, 411
Art 21(3) 284
Art 22 284, 344
Art 22(1) 284
Art 22(2) 284, 411
Art 23 219, 278, 285, 297
Art 23(2) 99, 287
Art 23(2)(c) 266
Art 23(3) 285
Art 23(4) 115, 285
Art 24 285, 293, 297
Art 24(1)(c) 266
Art 25 105, 293–4, 420
Art 25(2) 293
Art 25(3)–(6) 293
Art 26 294
Art 27 294
Art 27(1) 294, 314
Art 27(2) 266, 294, 314
Art 27(3) 294, 296
Art 27(4) 294
Art 28 275, 297
Art 29 177, 297, 607, 611, 615, 686, 691
Art 29(1) 179, 274, 685, 686, 687
Art 29(2) 179, 376, 685, 686
Art 30 267, 297
Art 30(1) 297
Art 31 297, 303
Art 34 298
Art 34(1) 298
Arts 35–42 298
Art 35 260, 298
Arts 36–42 298
Arts 36–43 999
Art 43 298
Art 43(1) 298
Art 43(2) 298
Art 44 298
Regulation 139/2004, [2004] L 24/1 (European Union Merger Regulation (EUMR)) 28,
30, 36, 47, 52, 54, 76, 137, 194, 364, 502, 574, 583, 587, 591, 592, 598, 729, 830,
831, 842, 848, 850, 929, 933, 995, 1014, 1019, 1022
Recital 8–9 76
Recital 20 855
Recital 22 864
Recital 26 886
Recital 29 897
Recital 31 907
Recital 32 890
Art 1 859, 861, 862
Art 1(1) 859
Art 1(2) 506, 507, 859, 860
Art 1(3) 507, 859, 860, 861
Art 2(1) 882, 887, 897, 903, 904
Art 2(2) 880, 882
Art 2(3) 17, 584, 868, 882, 903, 904, 908, 922
Art 2(4) 880, 902, 903, 904, 908
Art 2(5) 880, 902, 903, 904
Art 3 76, 852, 855
Art 3(1) 853
Art 3(1)(a) 853, 862
Art 3(1)(b) 854
Art 3(2) 96, 364, 854, 856, 863, 944
Art 3(4) 857, 858
Art 3(5) 859
Art 4 876
Art 4(1) 876
Art 4(4) 507, 866, 867, 868, 869, 872, 876, 933, 952
Art 4(5) 853, 861, 866, 869–70, 872, 876, 941
Art 5 859, 862
Art 5(1) 863, 865
Art 5(2) 855, 862
Art 5(4) 855, 863, 864
Art 5(4)(b) 865
Art 5(4)(c) 865
Art 5(5)(a) 863
Art 5(5)(b) 863
Art 6 907
Art 6(1) 916
Art 6(1)(a) 879
Art 6(1)(b) 879, 904
Art 6(1)(c) 879, 880, 931
Art 6(2) 879, 880, 907
Art 6(3) 907
Art 6(3)(a) 879
Art 6(3)(b) 879
Art 7 876, 878, 914
Art 7(1) 878
Art 7(2) 878
Art 7(3) 879
Art 8(1) 880, 904
Art 8(2) 880, 904, 907
Art 8(3) 880
Art 8(4) 880, 907
Art 8(5) 880, 907
Art 8(6) 880
Art 9 853, 866, 867, 868, 869, 873, 880, 919, 933, 995
Art 9(2) 952
Art 9(2)(a) 868
Art 9(2)(b) 868, 869
Art 9(3) 868
Art 9(4)(a) 868
Art 9(6) 868
Art 9(8) 868
Art 9(9) 868
Art 10 880
Art 10(1) 879
Art 10(3) 880
Art 10(4) 880
Art 10(6) 881
Art 11 913, 915
Art 13 913
Art 14 913
Art 14(1) 914
Art 14(2) 907, 914
Art 14(3) 914
Art 15 913, 914
Art 15(1)(c) 908
Art 16 914
Art 18(4) 917
Art 19 921
Art 19(3)–(7) 57
Art 21 864–7, 872, 875
Art 21(1) 364, 866
Art 21(2) 865
Art 21(3) 366, 865
Art 21(4) 79, 846, 853, 866, 872, 873, 874, 933, 986, 990
Art 22 853, 866, 869, 870–1, 872, 941
Art 22(1) 870
Art 22(3) 871
Art 22(4) 871(p. xvii)
Art 22(5) 871
Art 24 921
Art 24(1) 921
Art 35 76
Regulation 261/2004, OJ [2004] L 46/1 1005
Regulation 411/2004, OJ [2004] L 68/1 999
Regulation 772/2004, 793, 798, 807

Art 5(1)(a) 806
Regulation 773/2004, OJ [2004] L 123/18 (Implementing Regulation) 258, 294, 908

Annex II 857
Annex III 867
Annex IV 908
Ch IV 296
Art 1 853
Art 2(2) 505
Art 3 281
Art 4(4) 853
Art 5 853
Art 6(1) 272
Art 9 853
Art 10a(4) 271
Art 15(1) 314
Art 15(1a) 272
Art 19(1) 911
Art 19(2) 911
Art 27(4) 267
Regulation 794/2004, OJ [2004] L 140/1 253
Regulation 802/2004, OJ [2004] L 133/1 867
Regulation 847/2004, OJ [2004] L 157/7 1005
Regulation 2006/2004, Consumer Protection Cooperation Regulation OJ [2004] 364/1

69
Regulation 1184/2006 370, 1022

Art 1 995
Art 2 995, 996, 997
Art 2(1) 997
Regulation 1419/2006, OJ [2006] L 269/1 176, 999, 1002

Art 1 160
Art 2 1002
Regulation 864/2007, OJ [2007] L 199/40 (Rome II) 320, 322–3, 338

Art 6(3) 322
Art 15 323
Art 15(h) 323
Regulation 361/2008, OJ [2008] L 121/1 370
Regulation 593/2008, OJ [2008] L 177/6 362
Regulation 622/2008, OJ [2008] L 171/3 294
Regulation 1008/2008, OJ [2008] L 293/3 1005
Regulation 1033/2008, OJ [2008] L 279/3 908
Regulation 169/2009, OJ [2009] L 61/1 178, 999

Art 2 1000
Art 3 176, 178
Regulation 246/2009, OJ [2009] L 79/1 178, 1002
Regulation 487/2009, OJ [2009] L 148/1 999, 1006
Regulation 491/2009, OJ [2009] L 154/1 370
Regulation 713/2009, OJ [2009] L 211/1 1021
Regulation 714/2009, OJ [2009] L 211/15 1021
Regulation 715/2009, OJ [2009] L 229/29 1021
Regulation 906/2009, OJ [2009] l 256/31 178

Art 1 1002
Art 3 1002
Art 4 1002
Art 5 1002
Regulation 1211/2009/EC, OJ [2009] L 337/1 1011
Reg 267/2010, OJ [2010] L 83/1 178, 625

Art 2(a) 559
Art 3 559
Regulation 330/2010 on vertical agreements, OJ [2010] L 102/1 28, 177, 179, 297,
376, 601, 612, 636, 643, 651, 652, 664–87, 691, 693, 694, 795, 797, 906
Recital 3 671
Recital 9 666, 675
Recital 11 684
Recital 13 685, 686
Recital 14 685
Recital 15 686
Recital 16 686
Art 1(1)(a) 666, 667, 668, 670, 671
Art 1(1)(b) 666
Art 1(1)(c) 673, 675
Art 1(1)(d) 684
Art 1(1)(e) 667
Art 1(1)(f) 671
Art 1(1)(g) 671, 685
Art 1(2) 666, 670
Art 2 178, 665, 666
Art 2(1) 666, 667, 669
Art 2(2) 667, 670, 687
Art 2(3) 659, 670–1, 672, 673, 797
Art 2(4) 667, 673, 674
Art 2(5) 667, 671, 674
Art 3 33, 178, 665, 667, 698
Art 3(1) 668, 669, 675, 676
Art 3(2) 668, 676
Art 4 178, 645, 659, 661, 665, 667, 670, 677, 698
Art 4(a) 131, 657, 658, 661, 662, 670, 678–9
Art 4(b) 131, 646, 653, 657, 658, 679, 680
Art 4(b)(i) 680
Art 4(c) 653, 658, 682–3
Art 4(d) 653, 657, 658, 683
Art 4(e) 684
Art 5 150, 665, 667, 670, 684
Art 5(a) 667
Art 5(1)(a) 651, 684–5
Art 5(1)(b) 685
Art 5(1)(c) 685
Art 5(c) 657
Art 5(2) 684
Art 5(3) 685
Art 6 677, 686, 687
Art 7 687
Art 7(a) 687
Art 7(b) 687
Art 7(d)–(g) 687
Art 8 670, 687
Art 9 687
Art 10 662, 665, 687
Regulation 461/2010, OJ [2010] L 129/52 177, 655, 674, 693
Regulation 1217/2010, OJ [2010] L 335/36 28, 177, 376, 552, 604, 605, 607–11, 674,
689–91
Recital 2 607
Recital 8 608
Recital 9 608
Recital 11 608
Recital 12 608
Recitals 13–16 609
Recital 15 610
Recital 17 691
Recital 18 609, 611
Recital 20 691
Recital 21 611
Recital 22 607
Recital 23 691
Art 1 607, 608
Art 1(1)(a) 608
Art 1(1)(a)(iv)–(vi) 608
Art 1(1)(c) 608
Art 1(1)(g) 608
Art 1(1)(m) 608
Art 1(1)(r)–(t) 609
Art 2 607, 608(p. xviii)
Art 2(1) 608
Art 2(2) 608
Art 3 607, 608, 691
Art 3(1) 608
Art 3(2) 608, 609
Art 3(3) 609
Art 3(4) 609
Art 3(5) 609
Art 4 131, 606, 607, 609
Art 4(1) 609
Art 4(2) 610
Art 4(2)(b) 610
Art 4(3) 609
Art 5 607, 610, 691
Art 5(b) 691
Art 5(1) 610
Art 6 607, 611, 691
Art 7 607, 610, 611
Art 7(d)–(f) 610
Art 8 611
Art 9 607, 611
Regulation 1218/2010, OJ [2010] L 335/36 177, 359, 552, 613–15, 674, 800
Recital 6 613
Recital 7 613
Recital 10 614
Recital 11 614
Recital 12 613
Recital 15 615
Art 1 613, 614
Art 1(1)(b) 613
Art 1(1)(c) 614
Art 1(1)(d) 614
Art 1(2)(a) 613
Art 2 613, 614
Art 2(1) 614
Art 2(2) 614
Art 2(3) 614
Art 3 613, 614
Art 4 613, 614, 615
Art 4(1) 614
Art 5 613, 614, 615
Art 5(d)–(e) 614
Art 6 615
Art 7 613, 615
Regulation 260/2012, OJ [2012] L 94/22 53
Regulation 531/2012, OJ [2012] L 172/10 1014
Regulation 1215/2012, OJ [2012] L 351/1 (Brussels Regulation) 320, 338

Recital 10 320
Art 1(1) 320
Art 4 320
Art 7(2) 320
Art 8 320, 321, 322
Art 25 321
Art 29 322
Art 30 322
Regulation 1257/2012, OJ [2012] L 361/1 787
Regulation 1260/2012, OJ [2012] L 361/89 787
Regulation 519/2013, OJ [2013] L 158/74 294
Regulation 1308/2013, OJ [2013] L 347/671 (CMO Regulation) 995

Arts 169–171 996
Art 209 997
Regulation 316/2014, OJ [2014] L 93/17 177, 376, 671, 674, 691, 785, 795, 796, 798,
808, 827, 906
Recital 2 798
Recital 4 788, 799
Recital 5 800
Recital 7 799, 809, 810
Recitals 10–11 801
Recital 13 801
Recital 14 802
Recital 16 807
Recital 17 807
Art 1 795, 798–9
Art 1(1)(b) 798
Art 1(1)(c) 798
Art 1(1)(d) 803
Art 1(1)(e) 803
Art 1(1)(f) 798
Art 1(1)(g) 798
Art 1(1)(i) 786, 793, 798
Art 1(1)(j) 801
Art 1(1)(n) 801
Art 1(1)(n)(i) 801
Art 1(1)(n)(ii) 801
Another random document with
no related content on Scribd:
"No better! Oh dear!" said Michael. Then, as the cold air
blew in upon him, he began to cough.
"Now do go in out of the cold," said the girl. "You'll be

worse, if you don't take more care of yourself, Mr. Betts."
"But I want to hear what the doctor said. I want to know all
about it," Michael protested. "If you won't come inside, I
must stand here and catch cold."
"Oh, well, then," said the girl, yielding, "I don't want you to
catch your death." And she stepped inside.
Michael led her into the inner room, and tried feebly to stir
the dull fire into a blaze.
"Let me do that," said the girl eagerly. "I'm a rare hand at

making a fire. But you did ought to keep a better fire than
this, Mr. Betts. You don't know how to take care of
yourself."
"Don't I?" said Michael. "Ah, and I've no daughter to take

care of me, as your father has."
"Ah, poor father!" said the girl, her face clouding over.
"Is he worse?" asked Michael.
She nodded. "This cold wind is so bad for him," she said.
Observing the girl more closely, Michael saw that her face
was wan and thin, with dark circles beneath the eyes.
"Set the kettle on the fire," he said, "and make yourself a

cup of cocoa."
"No, thank you," she said. "I'll make a cup for you with
pleasure; but none for me—thank you all the same."
"Well, put the kettle on," he said, thinking she might change
her mind, "and then tell me all the doctor said."
"That's more than I can tell you," said the girl, with a smile;
"but they say he is not without hope of pulling her through.
He says the next twenty-four hours will decide it."
"Ah," said Michael, with a shiver.
"We must just hope for the best," said the girl, striving after
cheerfulness; "hope and pray, that's what we've got to do.
Did I tell you that Mrs. Lavers sent a message to us girls at
the club, asking us all to pray for her?"
"No," said Michael, "you did not tell me that."
They sat in silence for a few minutes. Presently the water

began to boil, and his new friend busied herself in making
him a cup of cocoa. She did it deftly, and waited upon him
in a kind and gentle way; but she was not to be persuaded
to take any herself. Michael was hurt by the determined
manner in which she refused his hospitality. He could not
understand why she did so, for she really looked as if she
needed nourishment.
"What work do you do?" he asked presently.
"I make matches when I can get taken on," she replied;
"but just now is a slack time in the trade."
"Then you're badly off, I fear," he said.
"I haven't complained, have I?" she asked, turning upon

him with an air of defiance. Then, with an evident desire to
turn the conversation, she remarked, as she looked about
her, "What a sight of books you have, Mr. Betts!"
"Do you like books?" he asked.
She nodded her head. "I'm awful fond of reading."
"Well," he said, with the kindest intention, "if there are any
of my books that you would like to read, I'm willing to lend
them to you."
"Oh no, thank you," she said hastily, colouring as she

spoke, and giving a quick little movement of the head, as if
the suggestion annoyed her. "I don't want to borrow your
books, Mr. Betts."
He looked at her curiously. She was certainly a very strange

girl. But he liked her. He was beginning to feel considerable
confidence in her.
"I must go now," she said. "I don't like to leave father for
long."
"Stay a moment," said Michael in a timid, hesitating way. "I

wish you'd do something for me before you go."
"What is it?" she asked.
"Just kneel down and say a prayer for that poor little child. I
want to pray, but I can't. My heart is so hard—and—and—
it's years since I tried—but I'd like to hear you."
She looked startled and alarmed.
"Oh, I can't," she said; "I can't pray out loud like that."
"Say it in a whisper," he suggested.
She hesitated, her colour coming and going under the strain
of excited emotion.
"I'll try," she said at last. "She says it don't matter what
words we use, as long as they come from the heart. God
can read our heart, and He will understand."
So she knelt down, and Michael bent beside her, whilst in

broken, childish utterance, the very quaintness of which
seemed to prove its sincerity, she asked the loving Father to
spare the life of little Margery. And Michael prayed too,
breathing forth what was perhaps the first true prayer of his
life. The prayer seemed to bring the assurance of its
answer. There were tears in the eyes of each as they rose;
but God's comfort was in their hearts. The girl said not a
word as Michael shook hands with her; but when she
quitted the house and walked quickly homeward her heart
was filled with a strange wonder not unmixed with joy.
CHAPTER XI
MUTUAL CONFESSION
WHEN Michael rose the next day, he found to his

satisfaction that the wind had changed. It no longer blew
from the north-east. There was a soft, spring-like feeling in
the air. It was time for Spring to herald her approach. The
winter had been long and hard. No one felt more pleasure
at the thought of its departure than did Michael Betts.
He opened his shop betimes on this fair morning, and then

set to work to put things in order there. He felt very weak
as he did so. More than once he dropped the heavy volumes
he tried to lift. It was clear he was not the man he had
been. No, he was beginning to fail. And then he thought
with a smile and a sigh of the little fair-haired maiden who
had thought him "so very old." He was very anxious to
know how this morning found her. He kept hoping that the
girl whose acquaintance he had made in so strange a
manner would come in to tell him how the little sufferer
was; but she did not come, and at last, unable to wait
longer, he sent Mrs. Wiggins round to the house to make
inquiries.
The news she brought cheered him greatly. She had been
told that the little girl had taken a turn for the better, and
there now seemed hope of her recovery.
"Thank God!" ejaculated old Michael.
He could not trust himself to say more. He felt so glad that

he could have cried like a child for very gladness. As it was
he had to take off his spectacles and wipe them very
carefully more than once before he could go on with his
work.
"Thank God," he said to himself over and over again. God

had heard his prayer—their prayer. How he wished his new
friend would come in, that they might rejoice together! He
had known her but for a day; he did not even know her
name; but the sorrow and anxiety they had shared, the
prayer they had joined in breathing forth as from one heart,
had united them by a close bond of sympathy which years
of ordinary acquaintance could not have wrought.
But the girl did not appear all that day, nor the second day,
nor the third. Michael began to feel a vague uneasiness
concerning her.
"Surely she might have come round just to say how pleased
she was," he thought. "Can it be that she wants to drop my
acquaintance, or is her father worse? If only I knew where
she lived, I'd go and see."
Meanwhile each day Margery was reported to be a little

better. Her throat grew clearer, her voice more distinct, and
signs of returning strength gladdened the heart of her
anxious mother, till at length the little one's recovery no
longer seemed doubtful.
How thankful Michael was, no words can tell. He felt that if

the little one had died, he could never have forgiven himself
for what he had done. As it was, the burden of his past
weighed heavily on his mind. He fell into the habit of
walking round to Mrs. Lavers' house every evening when his
shop was closed. He would carry with him some little gift of
flowers or fruit for the child. And Mrs. Lavers never refused
these, never showed by word or look the least
consciousness of the wrong he had done her.
Once when he spoke of it, she said: "Dear friend, let us

forget all about that. Our Lord taught us that if we did not
forgive the brother who wronged us, we could have no
blessed sense of God's forgiving love. I forgive you from my
heart, and God will forgive you too if you ask Him."
But old Michael went home with a heavy heart. He

remembered how he had treated his own brother, and it
seemed to him that he had no right to expect that God
would forgive him his sins.
One evening Michael was in his shop, setting things in order

at the close of the day. He had not yet put up his shutters;
but he scarcely expected to have any more customers that
day, when suddenly the door opened, the bell tinkled, and
he looked up to see the worn, weary-looking preacher
entering the shop. It was some time since this gentleman
had been there, and Michael was pleased to see him again.
"Just in time, sir," he said; "in another ten minutes my

shutters would have been up."
"Ah, well, I am very glad to find you here," replied the

gentleman; "though I do not come as a purchaser. But what
is the matter with you, Betts? You are not looking at all
well."
"I have not been well, sir; but I'm better now. I've had a
sharp attack of rheumatic fever, and it has left me as you
see. I shall never be again the man I was."
"Dear me! I am sorry to hear that. Rheumatism is a terrible

thing. You do look as if it had pulled you down. And
unhappily I bring you news that will distress you. Do you
know I am visiting a poor man in the district where my
mission-hall is who tells me he is your brother."
Michael started and changed colour.
"It's true, sir," he said, after a moment's pause; "he is my

brother."
"I thought so. I could not doubt his story as he told it. It is
a sad story, Mr. Betts. He is now on his death-bed. I have
come to entreat you to go with me to him."
Michael sank on to the nearest chair. He was trembling so

that he could not stand. He said nothing, and the gentleman
went on speaking.
"He feels that he has wronged you grievously, and he wants

to make what amends he can, and to hear you say you
forgive him, ere he passes away. I don't think you will find it
hard to forgive him when you see him as he is."
"There's no need to talk so, sir. You don't understand. I've

most need to ask his forgiveness. The wrong wasn't all on
one side. I can see that now, though I couldn't before.
Where is he, if you please, sir?"
"At no great distance. I will take you there at once, if you

can come."
"Ay, I can come, sir; I have only to put up the shutters, and
I shall be ready."
So in a few minutes they were on their way. In Oxford

Street, the gentleman hailed an omnibus going westward,
into which he helped old Michael, and then seated himself
beside him. From this they alighted when it had carried
them about a couple of miles.
"Now, do you feel able to walk a few steps?" the minister

asked Michael.
"Yes, yes, I can walk," he replied; but in truth, he felt faint

and tremulous, and could not have walked far. Happily it
took them but a few minutes to reach their destination. A
dreary, miserable street it was, though it lay very near to
the large and handsome dwellings of the rich.
Michael looked with dismay on the dirty, squalid houses, the

ill-kempt, slatternly women who sat on the doorsteps, or
hung about the public-houses—there were three in the
street, though it was not long—and the ragged urchins who
disported themselves in the road. The minister paused
before one of the houses. The wretched-looking women
crouched together on the doorstep slowly rose and made
room for them to pass into the house. The minister led the
way up a foul and rickety staircase. Not till he reached the
top did he pause and tap at a door. A voice within bade him
enter, and he opened the door and advanced into the room.
Michael was slowly following him. The steep stairs tried his
breathing, the close, ill-smelling atmosphere made him feel
faint. He had to pause at the top of the stairs, clinging for a
moment to the unsteady bannister, ere he could find
strength to advance. As he waited, he heard a weak voice
within asking painfully:
"Will he not come, Mr. Mason? Oh, don't tell me that he

refuses to come!"
Michael went forward quickly into the room. It was a poor

place. A table, a couple of chairs, a box or two, and the bed
on which the sick man lay, were all the furniture; but it was
fairly clean, and there were tokens of womanly efforts to
make things as comfortable as they might be. By the bed
stood the girl whose acquaintance Michael had made at Mrs.
Lavers' door.
He started, and an exclamation of surprise escaped him as

he recognised her; but she made a quick movement
enjoining him to silence, and he said nothing.
"I've come, Frank," he said, turning his eyes upon the bed;
"I've come, and with all my heart, I wish I had come
sooner."
There could be little doubt that the hand of death was on

the man who lay there. His wasted face was deadly pale,
the breath came with difficulty through his parted lips;
there was a look of anguish in his eyes, and when he spoke
it was by a painful effort.
"Thank God you've come in time, Michael. Will you come
and sit here close beside me, so you may hear what I have
to say, though I can't speak loud?"
Michael took the seat indicated without a word. Such

emotions swept over him at the sight of his brother that it
was impossible to speak.
"Kate," said the sick man, making a sign which she

understood in a moment.
She knelt down beside the bed, and began fumbling for
something beneath the mattress. Presently she drew forth a
tiny bag made of faded scarlet flannel, which she placed
beside her father.
"Michael," said the sick man feebly, "I was a sore trial to
you before we parted. You might well feel ashamed of me,
as I know you did. I was a bad, ungrateful brother."
"Don't speak of it," said Michael huskily; "never mind that

now."
"But I must speak of it. I sent for you that I might speak of
it, as Mr. Mason knows. Michael, the last time you gave me
shelter in your home I was so ungrateful, so shameless,
that I stole one of your books and carried it off with me."
"I know that you did," replied Michael, "but never mind that
now, Frank."
"It was a Greek book," continued the other, without heeding

his words. "I'd heard you say that it was worth seven
pounds. I could not get that for it; but I found a dealer who
was willing to give me half, and for that I sold it. The money
soon went in drink, and I thought no more about it for a
long time. Then I married. At first I let my wife think that I
had no one in the world belonging to me; but one day when
I'd taken a drop too much, I let out that I had a brother
who was a well-to-do tradesman, and then she set her
heart on seeing me reconciled to my brother. I had to tell
her the whole story at last, just to make her see it was
impossible. But even then she would not see it. No; she just
said that I must save the money I'd had for the book, and
pay it back to you. It was she who began the saving, you
see. We did not get on very fast with the saving; but we
made a beginning. Then she fell ill. Mr. Mason began to visit
us then. He's been a good friend to us. He tried to make me
a sober man for a long, long while before he succeeded."
"Don't say that I succeeded," said Mr. Mason. "It was the
grace of Christ that delivered you from sin and enabled you
to begin a new life."
"It is more than a year ago," said the sick man slowly,
"since I took the pledge, and Kate and I have been trying
ever since to add to the money in the bag. My wife left it in
Kate's hands; she knew she could not trust it to me. It has
not been easy to save. Kate put most into it, not I. She's a
good girl is Kate, though I say it."
"Ah, she's a good girl," said Michael, so fervently that his

brother looked at him in surprise.
"What, you say so too? But you do not know her."
"I can tell by the looks of her," said Michael evasively.
"Ah, well—it's true anyway. But now about this money,

Michael. I have so longed to make your loss good. I thought
you'd believe I was a changed man if I gave you back your
money. But it's been hard work. We've had to draw out
some of the money since I've been ill. There's only five
pounds in the bag now, and I wanted to make it seven, for
you said the book was worth that to you. Here's the money;
take it and count it."
But Michael pushed the bag from it.
"No, no, Frank; keep the money. I don't want it, indeed. I
would rather not have it."
"But you must take it," cried the other excitedly. "I can't
rest unless you do. Ah, Michael, you don't know, an honest,
respectable man as you've always been, what it is to have
the burden of such a deed resting on your conscience."
"Don't say that, Frank—don't for goodness sake talk that

way, for it's not true!"
"But it is true," protested the other; "don't I know the good,

honest, steady man you've always been? Haven't I
sometimes felt proud that I had such a brother, and wished
enough that I'd been more like you? Why, I've told Kate
here about you often enough. Once I sent her round to the
shop, to have a look at the place and to see the kind of man
you were."
"But all the while you were under a mistake concerning

me," groaned Michael, feeling himself compelled to
confession. "What if I were to tell you that I am a man who
has robbed the fatherless and the widow?"
"I'd not believe it," returned his brother. "No, not if you said
it with your own lips, Michael."
"But it is true," he cried. And then brokenly, confusedly, he

told the story of how he had kept the bank-notes he had
found in the professor's book.
There was silence for some moments when he had ceased.
Then the sick man leaned forward and laid his wasted hand
on his brother's.
"Oh, I am so sorry for you, Michael," he whispered. "I know

what you must have suffered with that burden on your
heart. We are fellow-sinners."
"But I am the worse," said Michael. "'The first shall be last,'

the Bible says. In the pride of my heart I thought myself far
above you; but you would never have done a thing like
that. No, you have been a better man than I all along. It's
bad to be profligate; but I do believe it is worse to have a
hard, unloving, pharisaical heart."
"'If we confess our sins, He is faithful and just to forgive us

our sins,'" said the minister; and, as they all kept silence,
he began to pray aloud, expressing as he believed the
desire of each heart as he besought the Divine Father to
forgive and blot out the sins of the past.
And as he prayed, its burden fell from the spirit of Michael

Betts; his proud, hard heart was broken, and became as the
heart of a little child in its sorrow and contrition. It was the
birth-hour of a new life to him.
CHAPTER XII
MICHAEL'S HOUSE BECOMES A HOME
THE reconciliation so late effected between the brothers was
complete. Michael's one thought now was how he might, in
the brief time that remained to him, atone in some degree
for the coldness and indifference of years. He would fain
have removed his brother to a more comfortable dwelling;
but the medical man whom he brought to give his opinion
refused to sanction the attempt. The risk was too great. The
excitement and fatigue involved in the removal would
probably hasten the end. All that could be done was to give
as homelike an appearance as possible to the dreary room
in which the sufferer lay, and to provide him with every
comfort his condition demanded.
These efforts were not without result. His heart relieved of

the load which had pressed on it, and gladdened by his
brother's kindness, the sick man now enjoyed an ease of
mind which could not fail to influence beneficially his bodily
condition. He rallied wonderfully, and Kate even began to
hope that her father's life would yet be spared. But Michael
knew better. He was too old to be deceived by such hope.
He could see that death, though it had relaxed, had not
relinquished its grasp.
Every hour that Michael could spare, he spent by his

brother's bedside. He even engaged a young man to help
him with his business, that he might have more time at his
disposal. But the new interest he had found did not make
him forgetful of little Margery. Every day he sent to the
house to enquire how she was doing. He knew that Kate,
when she saw him, would be sure to question him eagerly
as to the report he had received. She was not so absorbed
by anxiety for her father as to be forgetful of the dear little
maiden who was ill, or of her mother, the kind friend to
whom she owed so much. She and Michael, whom she was
learning to call "uncle" now, a name which sounded
strangely in the ears of each, rejoiced together over the
good news of the little invalid which each day brought.
Margery was out of danger now and advancing steadily
towards health.
One pleasant April afternoon, Michael determined to walk

round to Mrs. Lavers' house ere he went to see his brother.
He had bought that morning of a dealer at his door a pot of
pretty pink cyclamen which he thought would please little
Margery, and he wished to carry it to her ere the flowers
began to fade.
As he was handing it to the servant at the door, Mrs. Lavers

came down stairs, and, seeing him, advanced to speak to
him.
"How very kind of you!" she said, as she admired the pink
blossoms. "Margery will be so pleased. I never knew such a
child as she is for flowers. Won't you come upstairs and see
her for a minute? I know she would like to see you, and all
fear of infection is past now."
Michael could not resist this invitation. He followed Mrs.

Lavers upstairs, treading as gently as he could.
Margery had been carried into the little sitting-room, and

lay on a sofa near the window. The room seemed full of
flowers; there were so many friends who loved to send
flowers to little Margery. She looked very fair and fragile as
she lay there clad in a little blue dressing-gown, with her
golden curls tossed in wild disorder on the pillow. Michael
was dismayed to see how white she was, save for the rosy
spot which glowed in each cheek, and how plainly the blue
veins showed on her wasted temples. Her favourite doll
reposed by her side, and open on her knee lay a book with
coloured pictures, which Michael recognised at a glance as
the "Pilgrim's Progress," with the purchase of which their
acquaintance had begun.
The smile with which Margery greeted him as soon as she

caught sight of him was reassuring to Michael. Surely no
child who was not getting well could look so radiant.
"Mr. Betts has just come up to say, 'How do you do?' to you,
dear," said her mother, "and see what lovely flowers he has
brought you."
"Oh, what beauties!" cried the child delightedly, "I haven't

had any like them, have I, mother? Thank you very, very
much, Mr. Betts. Please put them here, where I can see
them, mother."
"And are you feeling a little better, missy?" asked Michael.
"Oh yes, much better, thank you. Mother says I shall soon
be able to run about again, but I don't feel as if I should be
able to run fast for some time to come. I can't even play
with Noel yet. He seems so rough and noisy."
"I see you are able to amuse yourself with your book,"
Michael said.
"I like looking at the pictures," she replied, "but it tires me

to read much. It is funny you should come just now, Mr.
Betts, for I was only thinking of you a moment ago. I often
think of you when I look at my 'Pilgrim's Progress.'"
"That's because you bought it of me, I suppose, missy."
She shook her head, and her little face grew thoughtful.
"No, that's not the reason. It's because I never can tell to
what part of the book you belong. You can't be Christian or
Faithful, don't you see, because you say you never did
anything wrong in your life."
A deep, dull red suddenly suffused Michael's face.
"Don't say that, miss," he exclaimed in a tone of pain; "I

never ought to have said it. When I spoke so I did not know
myself."
"Then it wasn't true," said Margery.
"No, indeed, miss. If I'd spoken the truth, I should have

said that I'd been doing wrong all my life, and cherishing a
hard, proud, unloving spirit. I did not love God, nor even
my own brother, and you can't love one without loving the
other, you know, miss."
"I could never help loving Noel," said little Margery, "but
what did you do that was so wicked, Mr. Betts?"
"Don't ask me, miss. I would not like to tell you the bad
things I have done. Why, you've been one of the sufferers
by my wrong-doings. You ask your mother, and she'll tell
you how shamefully I wronged both her and you."
"No, no," said Mrs. Lavers, laying her hand gently on the old
man's arm, "Margery will never hear of that from me, Mr.
Betts. That's all over and done with. Don't speak of that
again, please."
Margery looked curiously from one to the other.
"Then you had a burden all the time, Mr. Betts?" she said.
"Ay, that I had, missy, and a burden which grew heavier

and heavier, when once I began to feel it."
"Why that was just like Christian," said little Margery,
looking much interested; "and have you lost your burden
now, Mr. Betts?"
"Yes, thank God, I have lost it, miss. I lost it as Christian

lost his, at the foot of the cross. In other words, missy, I
believe that God has forgiven me my sins for the sake of
Jesus Christ, who died for me and such sinners as me."
"Then you are very happy now," said little Margery.
"I'm happier, miss; yes, truly, I'm happier than ever I was
before, but I can't forget the past. I'd give anything to be
able to live the years of my life over again."
"What a number you would have to live!" said little Margery

thoughtfully. "For you're very old, aren't you, Mr. Betts?"
"Ay, missy, I'm old," he answered.
He felt old indeed when a little later, he found himself by his

brother's bedside. To think that that big, sturdy girl was the
daughter of his brother Frank! It did not seem so very long
ago that he had been "little Frank," his mother's spoiled
darling. He had always seemed so very much younger than
he, Michael, was; but now he lay there a haggard, wasted,
aged-looking man, drawing near to death. His feet were on
the brink of the dark river now. A change had set in during
the night. Michael needed not to be told that his brother
had but a few hours to live.
"I would not mind if it were not for Kate," the dying man
murmured, turning towards his daughter with love and
yearning in his glance. "I don't like to leave her alone in the
world."
"She shall not be alone," said Michael, "there shall always
be a home for her with me."
"Do you hear that, Kate?" the sick man asked with
brightening eyes. "Your uncle says you shall have a home
with him."
But the girl's look did not brighten.
"I don't care what becomes of me if you leave me, father,"

she said almost sullenly; then added, with passionate
emotion as she bent over him, "If only you would get better,
we might be so happy yet."
A lump rose in Michael's throat as he watched the girl's

look, and heard her words. No one had ever loved him like
that.
"Frank," he said slowly, "folks reckon me a well-to-do man;

but you're richer than I am. I've no one to love me, or to
care whether I live or die."
His brother turned his eyes on him and understood.
"She'll love you, Michael; she'll love you too, if you're good
to her. She is a good girl, is Kate, though she has had a
rough bringing up. I called her Katharine, you know, after
our mother. I've tried to tell her what our mother was, that
she might be like her. But I've been a poor father to her.
Mine has been a wasted, ill-spent life, and now I can but
give it back into the hands of God, trusting in His mercy
through Jesus Christ."
He lay back exhausted by the effort he had made in saying

so much. His life was ebbing fast. He said little more save in
feeble, broken utterances. The end came peacefully about
midnight, and the life which, with its errors and failures,
God alone could truly judge, was sealed by the hand of
death.
Michael took the weeping girl to his own home, and did his
best to comfort her. Mrs. Wiggins predicted that Kate would
not long live with her uncle. It seemed to her impossible
that so ill-assorted a pair could get on together, or a girl
accustomed to a free, independent life, put up with an old
man's fidgets. But the result proved her prediction false.
Kate was of a warm, affectionate nature, and pity
constrained her to be patient with the poor, lonely old man,
whilst he was disposed to cling at any cost to the only being
who belonged to him.
Their common interest in Mrs. Lavers and sweet little

Margery was a lasting bond of sympathy. Mrs. Lavers still
showed herself a true friend to Kate. She encouraged the
girl to come often to her house, and sometimes of an
evening, she and her children would "drop in" to pay a visit
to old Michael and his niece. The little ones loved to explore
the marvels of Mr. Betts' shop, and never ceased to wonder
at "the heaps and heaps of books." Mrs. Lavers was able to
give Kate many a useful hint which helped her to adapt
herself to her new position.
By-and-by, Kate came to take an intelligent interest in the

book trade, and developed quite a talent for mending and
covering dilapidated volumes. Customers were surprised to
find now in the shop a bright, quick, dark-eyed damsel, who
passed lightly to and fro, fetching and carrying books as her
uncle directed her. She learned his ways more quickly than
any youth would have done, and was careful to observe
them. She found her new work infinitely preferable to
making matches, and had a sense of responsibility in
connection with it, which heightened her self-respect, and
made life seem well worth living.

(Download PDF) Competition Law 9Th Edition by Richard Whish Full Chapter PDF

Uploaded by

Copyright:

Available Formats

You might also like

(Download PDF) Competition Law 9Th Edition by Richard Whish Full Chapter PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

(Download PDF) Competition Law 9Th Edition by Richard Whish Full Chapter PDF

Uploaded by

Copyright:

Available Formats

(eBook PDF) Competition Law 9th

Edition by Richard Whish

(eBook PDF) Business Law and the Regulation of Business

(Original PDF) Intro Stats 5th Edition by Richard

Trademarks and Unfair Competition: Law Policy (Aspen

(eBook PDF) Employment Law for Business 9th Edition

Changes by Competition Hyeong-Ki Kwon [Kwon

(eTextbook PDF) for Invertebrates 3rd Edition by

(eBook PDF) Behavioral Neuroscience 9th Edition by S.

(eBook PDF) Theories of Personality 9th Edition by Jess

From: Competition Law (9th Edition)

Previous Edition (8 ed.)

Content type: Book content

12 The international dimension of competition law 494

13 Horizontal agreements (1): cartels 520

14 Horizontal agreements (2): oligopoly, tacit collusion and collective

15 Horizontal agreements (3): cooperation agreements 597

16 Vertical agreements 629

(p. xi) 17 Abuse of dominance (1): non-pricing practices 697

19 The relationship between intellectual property rights and

20 Mergers (1): introduction 829

21 Mergers (2): EU law 848

22 Mergers (3): UK law 932

23 Particular sectors 994

From: Competition Law (9th Edition)

Previous Edition (8 ed.)

Content type: Book content

Agreement to establish the European Economic Agreement (EEA Agreement) [1994]

Art 57 58, 921

Protocol 22, Art 1 83

Agreement on the Establishment of a Surveillance Authority and a Court of Justice, 2

Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS

Art 47(1) 257

Art 16 244, 245

ECSC Treaty 288, 370, 999

Art 66(1) 209

EU/US Cooperation Agreement of 23 September 1991 [1991] 4 CMLR 823 517

Art II(3) 517

Art III 517

Art V 517, 518

Art VII 517

Art VIII 517

European Convention on Human Rights 256, 526

Art 6(1) 257

Art 8 282, 283

Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters

Lisbon Treaty 2009 50, 225, 245

Maastricht Treaty 1992 50

Positive Comity Agreement of 4 June 1998 518

Art II(4) 518

Art III 518

Treaty of Amsterdam OJ [1997] C 340/136 141

Treaty of Rome 1957 1

Treaty on European Union (TEU) 50

Art 6(1) 256

Art 51 52, 245

Treaty on the Functioning of the European Union (TFEU) 50

Art 14 244, 245