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Bellamy & Child European Union Law of Competition


Synopsis


Now in its eighth edition, Bellamy & Child is the leading authority on EU competition law. It offers a clear and comprehensive exposition of law and procedure, with exhaustive citation of judicial and legislative authorities. Fully up-to-date with major developments in substantive law and case law, this is an essential purchase for EU competition law practitioners.

David Bailey (editor), Laura Elizabeth John (editor)

Summary

Chapter 1: Introduction to EU Competition Law

* Defines competition law and its objectives (maintaining a level playing field, promoting competition, and protecting consumers).
* Example: The European Commission's investigation and fining of Google for abusing its dominant position in the online search market.

Chapter 2: The Structure and Scope of EU Competition Law

* Explains the Treaty on the Functioning of the European Union (TFEU) provisions and the role of the European Commission.
* Example: The Commission's authority to block mergers between companies that create or strengthen dominant positions.

Chapter 3: Anticompetitive Agreements

* Outlines the prohibition of anticompetitive agreements, such as cartels, price-fixing, and market-sharing arrangements.
* Example: The Commission's fines against pharmaceutical companies for engaging in a cartel to delay the introduction of generic drugs.

Chapter 4: Abuse of Dominant Position

* Defines dominant position and explains the different ways companies can abuse it, such as charging excessive prices or excluding competitors.
* Example: The Commission's investigation of Amazon for using its market power to give preference to its products over those of competitors.

Chapter 5: Merger Control

* Describes the EU's merger control regime, which examines mergers that could significantly impede competition.
* Example: The Commission's approval of the merger between UPS and TNT Express, subject to certain conditions to prevent the creation of a dominant position.

Chapter 6: State Aid

* Defines state aid and explains the conditions under which it is compatible with EU competition law.
* Example: The Commission's approval of state aid to support the development of a new manufacturing plant in a disadvantaged region.

Chapter 7: Enforcement and Remedies

* Outlines the powers of the European Commission and national competition authorities to investigate and sanction antitrust violations.
* Example: The Commission's decision to impose a fine of €2.4 billion on Volkswagen for concealing emissions data from regulatory officials.

Chapter 8: Extraterritorial Application

* Discusses the scope of EU competition law beyond the EU's borders and its implications for companies operating globally.
* Example: The Commission's investigation of Google's search practices outside the EU, resulting in a fine of €2.42 billion.

Chapter 9: Private Enforcement

* Explores the legal framework for individuals and companies to seek damages or seek injunctions against anticompetitive conduct.
* Example: The case of Ryanair against Aer Lingus for allegedly engaging in unfair competition through state aid.