Editors: Francesco Denozza, Alberto Toffoletto
More about the editors
The law of competition has become increasingly important in the last decades, while markets have overcome national and continental boundaries and many economic sectors tend to concentrate towards oligopoly structures. Moreover, the international dimension of many industries often requires commercial lawyers to consider the antitrust implications of deals and M&A operations in several jurisdictions at the same time.
The International Encyclopaedia on Competition Law aims at providing an in-depth description of the antitrust laws of more than 30 Countries, including the U.S. Federal Acts and the legislation of the European Union. Each monography will include a description of the substantial as well as the procedural rules of a particular jurisdiction and will provide a description of the leading cases, together with an essential bibliography.
Table of contents:
General Introduction
1. General Background of the Country
2. Economic System
3. Legal System
4. Historical Background of Antitrust Law
Selected Bibliography
Part I. Structure of antitrust law and its enforcement
CHAPTER 1. SOURCES OF ANTITRUST LAW
1. National Sources
2. International Sources
3. Secondary Sources
I. Regulations
II. Guidelines
4. Sources' Relation and Hierarchy
5. Role and authority of precedents
CHAPTER 2. SCOPE OF APPLICATION
1. Territorial reach
2. Special Sectors
3. State owned Enterprises and Public Utilities
4. Sensible Effect and De Minimis
CHAPTER 3. OVERVIEW OF SUBSTANTIVE PROVISIONS
1. Restrictive Agreements
2. Dominant Undertakings
3. Concentrations
4. Other prohibitions
5. Tests of illegality
I. Per se prohibitions and naked restraints
II. Balancing tests
III. Merger tests
CHAPTER 4. OVERVIEW OF MAIN NOTIONS
1. Undertaking
2. Relevant Market
3. Market Power/Dominant Position
4. Agreements and concerted practices
5. Restriction of competition
6. Monopolisation and abuse of dominance
7. Concentrations
8. Joint Ventures
CHAPTER 5. CONSEQUENCES OF VIOLATIONS AND ENFORCEMENT INSTITUTIONS
1. Administrative Enforcement
I. Antitrust Authorities
A. Formation, composition
B. Investigating powers
C. Adjudicating powers (ascertaining and sanctioning)
D. Other institutional tasks (Consultancy to Parliament/Government)
II. Government direct enforcement activities
III. Other Administrative Agencies applying antitrust rules
IV. Administrative fines
V. Administrative injunctions and other restrictive orders
VI. Interim measures
2. Civil Enforcement
I. Competent Civil Courts
II. Sanctions
A. Nullity
B. Damages
C. Interim measures
3. Criminal Enforcement
I. Criminal sanctions for antitrust violations
II. Other application of Criminal Law to relevant conducts
III. Role of Prosecutors
IV. Competent Criminal Courts
Part II. Application of the Prohibitions
CHAPTER 1. RESTRICTIVE AGREEMENTS
1. Horizontal agreements
I. Cartels
A. Price fixing
B. Market/client allocation
C. Production/innovation limitation
D. Group boycott
E. Collusion on other objects
II. Information exchange practices
III. Cooperation agreements
A. Research and development
B. Specialisation
C. Standardisation
D. Joint production
E. Joint purchasing
F. Joint selling
2. Vertical agreements
I. Distribution
A. Exclusive distributorship
B. Exclusive dealing
C. Selective distribution
D. Franchising
II. Technology licencing
A. Patent licencing
B. Trademark licencing
C. Know how and trade secret licencing
CHAPTER 2. DOMINANT UNDERTAKINGS' PROHIBITED PRACTICES
1. Exploitative practices
I. Excessive/unfair pricing
II. Discrimination
2. Exclusionary practices
I. Predation
II. Tying
III. Rebates
IV. Refusal to deal
V. Price squeeze
CHAPTER 3. CONCENTRATIONS
1. Horizontal mergers
2. Vertical mergers
3. Market/product extension mergers
4. Pure Conglomerate mergers
5. Joint ventures
Part III. Administrative procedure
CHAPTER 1. ADMINISTRATIVE INVESTIGATIONS BEFORE THE ANTITRUST AUTHORITY
1. Initiative
I. General sectors inquiries
II. Ex Officio investigations
III. Complaints
2. Powers
I. Requests for information
II. Investigating and search powers
III. Cooperation with other State Institutions
3. Right of defence
I. Content and notification of opening decisions
II. Proceedings: hearings, access to file, briefs
III. Statement of Objections
IV. Final Hearing and Decision
CHAPTER 2. VOLUNTARY NOTIFICATIONS AND CLEARANCE DECISIONS MERGER CONTROL
1. Preliminary filing obligations
I. Criteria and thresholds
II. Turnover calculation
III. Market share calculation
IV. Other relevant notions
2. Structure of proceedings
I. Preliminary assessment and full investigation
II. Time framework
III. Right of defence
3. Clearance and conditional clearance
I. Conditions and undertakings
A. Content
B. Timing
4. Relations with other merger control authorities
I. Other authorities within the local Jurisdiction
II. International coordination
CHAPTER 3. CHALLENGING OF THE ADMINISTRATIVE DECISION
1. Competent Courts
2. Time limits
3. Scope of Judicial Review
Selected Bibliography.
Index
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