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EC Competition Procedure
Second Edition
Luis Ortiz Blanco, Konstantin J. Jörgens, Marcos Araujo Boyd, José Luis Buendía Sierra, Jean-Paul Keppenne, and Kieron Beal
1,744 pages
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246x171mm
978-0-19-826889-5
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Hardback
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23 March 2006
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- A fresh and detailed new perspective on this vital subject for specialists in the competition law field
- Coverage extends beyond procedures in respect of Article 81 and 82 to practice and procedure in respect of mergers, state aid, public undertakings and EEA matters
- Reliable and easy-to-consult source of information written by experts familiar with the practical aspects of the relevant procedures
- Exhaustive coverage of the case-law and doctrine and user-friendly layout and format
- Clear and concise language makes it accessible to experts and non-experts alike
New to this edition - New coverage of Merger Control Procedure, Procedure for Public Undertakings, and State Aid Procedure
This is the second edition of a key analytical commentary on the competition procedures of the EC, written by a distinguished editor and contributor team with extensive experience in the area.
It provides the reader with an exhaustive account of the relevant rules, which includes a completely revised and updated analysis of antitrust procedure
in the wake of the modernization of EU competition law. The reader is given a detailed discussion of the Commission's package of regulations and guidelines and their interaction in practice, in a field where new rules have caused a major change and the need for practitioners to reorientate themselves.
The section on antitrust rules will be complemented by new sections on procedures for public undertakings,
merger control, and state aid.
As a practical guide to procedure it focuses upon the implementation of the regulatory framework by the
Commission and the relevant case law of the European Courts. It will prove an indispensable source of guidance for all practitioners involved in competition proceedings before the
European Commission and national
competition authorities.Readership: Legal practitioners interested in EC competition (anti-trust) law; law enforcement officials; legal advisers in government service; academics and post-graduates; reference libraries.
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Luis Ortiz Blanco, Partner at Garrigues Abogados y Asesores Tributarios and Professor for EC Competition Law at Universidad Complutense, Madrid, Konstantin J. Jörgens, Lawyer at Garrigues Abogados y Asesores Tributarios, Madrid, Marcos Araujo Boyd, Partner at Garrigues Abogados y Asesores Tributarios, Madrid, José Luis Buendía Sierra, Member of the Legal Service, European Commission, Brussels, and Visiting Professor at Vrije Universiteit, Brussels, Jean-Paul Keppenne, Member of the Legal Service, European Commission, Brussels, and Maître de conférence at the UCL, Louvain-la-Neuve, and Kieron Beal, Barrister, Matrix Chambers,
London Contributors:
Marcos Araujo Boyd, Garrigues Abogados y Asesores Tributarios, Madrid
Kieron Beal, Matrix Chambers, London
José Luis Buendía Sierra, European Commission and Vrije Universiteit, Brussels
Konstantin Jörgens, Garrigues Abogados y Asesores Tributarios, Madrid
Jean-Paul Keppenne, European Commission, Brussels, and UCL, Louvain-la-Neuve
Luis Ortiz Blanco, Garrigues Abogados y Asesores Tributarios, and Universidad Complutense, Madrid
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"This is an excellent book on two levels: it is an accessible, detailed and helpful reference work for experienced practitioners, but also useful for readers coming to the subject for the first time and to students...The book is well researched with ample reference to case law, preparatory works, and secondary literature."
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PART I: ANTITRUST RULES (Articles 81 and 82 EC)Luis Ortiz Blanco and Konstantin Joergens:
1: The Institutional Framework
2: The Role of National Judicial Authorities
3: The Role of National Competition Authorities
4: The Organization of EC Commission Proceedings
5: Opening of the File
6: Investigation of Cases (I): Leniency Policy
7: Investigation of Cases (II): Formal Investigative measures, in general. Interviews and Requests for Information
8: Investigation of Cases (III): Inspections
9: Investigation of Cases (IV): Penalties, Confidentiality
10: Infringement Procedures
11: Infringement Decisions and Penalties
12: Rejection of Complaints
13: Commitments, Voluntary Adjustments, Conclusion of the Procedure Without a Formal Decision.
14: Special Procedures
15: Steps following the Adoption of a Formal Decision. Judicial Review
PART II: CONTROL OF CONCENTRATIONS (REGULATION 139/2004)Marcos Araujo Boyd:
16: General Issues. Scope of Control
17: Procedures
18: Judicial Review of Commission Decisions Regarding Concentrations
PART III: PUBLIC UNDERTAKINGS AND EXCLUSIVE OR SPECIAL RIGHTS (ARTICLE 86(3) EC)José Luis Buendía Sierra:
19: Procedures on State Measures - Decisions under Article 86(3) EC
20: Directives Under Article 86(3) EC
PART IV: STATE AID (ARTICLES 87 and 88 EC)Jean-Paul Keppenne:
21: General Questions on Procedures. Control of State Aid Compatibility. Council's Decision-making Powers
22: Prior Control of New Notified Aid
23: Unlawful Aid
24: Control of Existing Aid Schemes
25: Implementation of the Commission's Decisions
26: Role of National Courts
27: State Aid Litigation before the Community Courts
PART V: COMPETITION LAW AND PROCEDURE IN THE EUROPEAN ECONOMIC AREAKieron Beal:
28: European Economic Area Competition Procedure
APPENDICES
I: Antitrust Rules (Articles 81 and 82 EC)
II: Merger Control (Regulation 139/2004)
III: Public Undertakings and Exclusive or Special Rights (Article 86 EC)
IV: State Aid (Articles 87 and 88 EC)
V: European Economic Area Competition Procedure
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