Butterworths Competition Law Handbook 15th Revised edition [Minkštas viršelis]

This title includes: Part I - Statutes, Etc; Fair Trading Act 1973, ss
93B, 94, 129, 132, 134, 135, 137-140, Sch 11; Competition Act 1980, ss 11,
11A-11D, 12, 15-17, 31-33; Company Directors Disqualification Act 1986, ss
9A-9E, 24-26; Competition Act 1998; Financial Services and Markets Act 2000,
ss 95, 159-164, 302-312, 431, 433, Sch 14; Enterprise Act 2002, ss 1-209,
237-246, 273-281, Schs 1-4, 7, 8, 10, 14, 15, 24, 26; Part II Statutory
Instruments; Procedural Matters; Enterprise Act 2002 (Super-complaints to
Regulators) Order 2003, SI 2003/1368; OFT Registers of Undertakings and
Orders (Available Hours) Order 2003, SI 2003/1373; and, Competition Act 1998
(Concurrency) Regulations 2004, SI 2004/1077. It also includes: Competition
Act 1998 (Appealable Decisions and Revocation of Notification of Excluded
Agreements) Regulations 2004, SI 2004/1078; Competition Act 1998 and Other
Enactments (Amendment) Regulations 2004, SI 2004/1261; Enterprise Act 2002
(Bodies Designated to make Super-complaints) Order 2004, SI 2004/1517;
Competition Act 1998 (Office of Fair Trading's Rules) Order 2004, SI
2004/2751; Competition Commission; Competition Act 1998 (Competition
Commission) Transitional, Consequential and Supplemental Provisions Order
1999, SI 1999/506; Competition Commission (Penalties) Order 2003, SI
2003/1371; Competition Appeal Tribunal Rules 2003, SI 2003/1372;
Investigations and Penalties; Competition Act 1998 (Definition of Appropriate
Person) Regulations 1999, SI 1999/2282; and, Competition Act 1998 (Small
Agreements and Conduct of Minor Significance) Regulations 2000, SI 2000/262.
It offers: Competition Act 1998 (Determination of Turnover for Penalties)
Order 2000, SI 2000/309; Exclusions and Exemptions; Competition Act 1998
(Section 11 Exemption) Regulations 2001, SI 2001/2993; Competition Act 1998
(Land Agreements Exclusion and Revocation) Order 2004, SI 2004/1260; Merger
Control; EEC Merger Control (Distinct Market Investigations) Regulations
1990, SI 1990/1715; Enterprise Act 2002 (Merger Prenotification) Regulations
2003, SI 2003/1369; Enterprise Act 2002 (Merger Fees and Determination of
Turnover) Order 2003, SI 2003/1370; Enterprise Act 2002 (Protection of
Legitimate Interests) Order 2003, SI 2003/1592; and, Enterprise Act 2002
(Anticipated Mergers) Order 2003, SI 2003/1595. It includes: Part III - OFT
And Competition Commission Guidelines; OFT 401 Agreements and concerted
practices (December 2004); OFT 402 Abuse of a dominant position (December
2004); OFT 403 Market definition (December 2004); OFT 404 Powers of
investigation (December 2004); OFT 405 Concurrent application to regulated
industries (December 2004); OFT 407 Enforcement (December 2004); OFT 408
Trade associations, professions and self-regulating bodies (December 2004);
OFT 415 Assessment of market power (December 2004); OFT 417 The application
of the Competition Act in the telecommunications sector (February 2000); OFT
419 Vertical agreements (December 2004); OFT 420 Land agreements (December
2004); and, OFT 421 Services of general economic interest exclusion (December
2004). It also includes: OFT 422 The application of the Competition Act in
the water and sewerage sectors (February 2000); OFT 423 OFT's Guidance as to
the appropriate amount of a penalty (December 2004); and, OFT 428 Application
in the energy sector (January 2005); OFT 430 Application to services relating
to railways (October 2005); OFT 442 Modernisation (December 2004); OFT 443
The Competition Act 1998 and public bodies (August 2004); OFT 451 Involving
third parties in Competition Act investigations (April 2006); OFT 803
Leniency and no-action (December 2008); OFT 953 Prioritisation Principles
(October 2008); OFT 510 Competition disqualification orders (May 2003); OFT
511 Market investigation references (March 2006); and, OFT 513 The cartel
offence (April 2003). It contains: OFT 514 Super-complaints - Guidance for
designated consumer bodies (July 2003); OFT 515 Powers for investigating
criminal cartels (January 2004); OFT 516 Mergers - substantive assessment
guidance (May 2003); OFT 516b Revision to Mergers - substantive assessment
guidance (November 2007); OFT 518 Overview of the Enterprise Act (June 2003);
OFT 519 Market studies Guidance on the OFT approach (November 2004); OFT 526
Mergers - Procedural Guidance (May 2003) (Note); OFT Guidance note on the
calculation of turnover for the purposes of Part 3 of the Enterprise Act 2002
(July 2003) (Note); and, OFT Mergers fee information (September 2009); OFT
Interim arrangements for informal advice and pre-notification contacts (April
2006) (Note). It also contains: OFT 527 Mergers Jurisdictional and procedural
guidance (June 2009); OFT 546 Memorandum of understanding between the Office
of Fair Trading and the International and Financial Crime Unit, Crown Office,
Scotland (October 2003); OFT 547 Memorandum of understanding between the
Office of Fair Trading and the Director of the Serious Fraud Office (October
2003); and, Memorandum of understanding between the Office of Fair Trading
and the Competition Commission on the variation and termination of merger,
monopoly and market undertakings and orders under the Fair Trading Act 1973
and the Enterprise Act 2002 (February 2009). It offers: CC1 Competition
Commission Rules of Procedure (March 2006); CC2 Merger References Competition
Commission Guidelines (June 2003); CC3 Market Investigation References
Competition Commission Guidelines (June 2003); CC4 General Advice and
Information (March 2006); CC5 Statement of Policy on Penalties (June 2003);
CC6 Chairman's Guidance to Groups (March 2006); CC7 Chairman's Guidance on
Disclosure of Information in Merger and Market Inquiries (July 2003); CC8
Merger Remedies Competition Commission Guidelines (November 2008); CC9 Water
merger references; Competition Commission Guidelines (December 2004); CC12
Disclosure of information by the Competition Commission to other public
authorities (April 2006); and, Competition Commission Guidance on the use of
interim measures pending final determination of merger references (June 2006)
(Note). It also offers: Competition Commission Template Interim Undertakings
(Completed Merger); Competition Commission Suggested best practice for
submissions of technical economic analysis from parties to the Competition
Commission; Addresses of the Regulators; Part IV EC Materials; General;
Treaty of Rome, Arts 81-89; 19/65/EEC Council Regulation of 2 March 1965 on
application of Article 85(3) of the Treaty to certain categories of
agreements and concerted practices; and, Commission Notice on the definition
of relevant market for the purposes of Community competition law (1997);
2001/462/EC Commission Decision of 23 May 2001 on the terms of reference of
hearing officers in certain competition proceedings. It presents: Commission
Notice on agreements of minor importance which do not appreciably restrict
competition under Article 81(1) of the Treaty establishing the European
Community (de minimis) (2001); 1/2003/EC Council Regulation of 16 December
2002 on the implementation of the rules on competition laid down in Articles
81 and 82 of the Treaty; 2003/361/EC Commission Recommendation of 6 May 2003
concerning the definition of micro, small and medium-sized enterprises;
773/2004/EC Commission Regulation of 7 April 2004 relating to the conduct of
proceedings by the Commission pursuant to Articles 81 and 82 of the EC
Treaty; Commission Notice - Guidelines on the effect on trade concept
contained in Articles 81 and 82 of the Treaty (2004); and, Commission
Communication - Guidelines on the application of Article 81(3) of the Treaty
(2004). It also presents: Commission Notice on the rules for access to the
Commission file in cases pursuant to Articles 81 and 82 of the EC Treaty,
Articles 53, 54 and 57 of the EEA Agreement and Council Regulation (EC) No
139/2004 (2005); 1184/2006/EC Council Regulation of 24 July 2006 applying
certain rules of competition to the production of, and trade in, agricultural
products (Codified version); Transport; 2988/74/EEC Council Regulation of 26
November 1974 concerning limitation periods in proceedings and the
enforcement of sanctions under the rules of the European Economic Community
relating to transport and competition; and, 4057/86/EEC Council Regulation of
12 December 1986 on unfair pricing practices in maritime transport. It
includes: 3976/87/EEC Council Regulation of 14 December 1987 on the
application of Article 85(3) of the Treaty to certain categories of
agreements and concerted practices in the air transport sector (Note);
2299/89/EEC Council Regulation of 24 July 1989 on a code of conduct for
computerised reservation systems (Note); 479/92/EEC Council Regulation of 25
February 1992 on the application of Article 85(3) of the Treaty to certain
categories of agreements, decisions and concerted practices between liner
shipping companies (consortia) (Note); 2407/92/EEC Council Regulation of 23
July 1992 on licensing of air carriers (Note); 2408/92/EEC Council Regulation
of 23 July 1992 on access for Community air carriers to intra-Community air
routes (Note); 2409/92/EEC Council Regulation of 23 July 1992 on fares and
rates for air services (Note); and, 95/93/EEC Council Regulation of 18
January 1993 on common rules for the allocation of slots at Community
airports. It features: 823/2000/EC Commission Regulation of 19 April 2000 on
the application of Article 81(3) of the Treaty to certain categories of
agreements, decisions and concerted practices between liner shipping
companies (consortia); 1459/2006/EC Commission Regulation of 28 September
2006 on the application of Article 81(3) of the Treaty to certain categories
of agreements and concerted practices concerning consultations on passenger
tariffs on scheduled air services and slot allocation at airports; Commission
Communication on the application of Regulation (EEC) No 95/93 on common rules
for the allocation of slots at Community airports, as amended (2008);
Commission Communication - Guidelines on the application of Article 81 of the
EC Treaty to maritime transport services (2008); and, 1008/2008/EC European
Parliament and Council Regulation of 24 September 2008 on common rules for
the operation of air services in the Community (Recast). It also features:
80/2009/EC European Parliament and Council Regulation of 14 January 2009 on a
code of conduct for computerised reservation systems and repealing Council
Regulation (EEC) No 2299/89; 169/2009/EC Council Regulation of 26 February
2009 applying rules of competition to transport by rail, road and inland
waterway; 246/2009/EC Council Regulation of 26 February 2009 on the
application of Article 81(3) of the Treaty to certain categories of
agreements, decisions and concerted practices between liner shipping
companies (consortia); 487/2009/EC Council Regulation of 25 May 2009 on the
application of Article 81(3) of the Treaty to certain categories of
agreements and concerted practices in the air transport sector; 906/2009/EC
Commission Regulation of 28 September 2009 on the application of Article
81(3) of the Treaty to certain categories of agreements, decisions and
concerted practices between liner shipping companies (consortia); and,
Insurance. It includes: 1534/91/EEC Council Regulation of 31 May 1991 on the
application of Article 85(3) of the Treaty to certain categories of
agreements, decisions and concerted practices in the insurance sector;
358/2003/EC Commission Regulation of 27 February 2003 on the application of
Article 81(3) of the Treaty to certain categories of agreements, decisions
and concerted practices in the insurance sector; Cooperation Agreements;
2821/71/EEC Council Regulation of 20 December 1971 on the application of
Article 85(3) of the Treaty to categories of agreements, decisions and
concerted practices; 2658/2000/EC Commission Regulation of 29 November 2000
on the application of Article 81(3) of the Treaty to categories of
specialisation agreements; and, 2659/2000/EC Commission Regulation of 29
November 2000 on the application of Article 81(3) of the Treaty to categories
of research and development agreements. It includes Commission Notice -
Guidelines on the applicability of Article 81 of the EC Treaty to horizontal
cooperation agreements (2001); Vertical Agreements; Commission Notice
concerning its assessment of certain subcontracting agreements in relation to
Article 85(1) of the EEC Treaty (1979); 240/96/EC Commission Regulation of 31
January 1996 on the application of Article 85(3) of the Treaty to certain
categories of technology transfer agreements (Note); 2790/99/EC Commission
Regulation of 22 December 1999 on the application of Article 81(3) of the
Treaty to categories of vertical agreements and concerted practices;
Commission Notice - Guidelines on Vertical Restraints (2000); and,
1400/2002/EC Commission Regulation of 31 July 2002 on the application of
Article 81(3) of the Treaty to categories of vertical agreements and
concerted practices in the motor vehicle sector. It also includes: New Motor
Vehicle Block Exemption - Frequently asked questions; 772/2004/EC Commission
Regulation of 7 April 2004 on the application of Article 81(3) of the Treaty
to categories of technology transfer agreements; Commission Notice -
Guidelines on the application of Article 81 of the EC Treaty to technology
transfer agreements (2004); Mergers and Joint Ventures; 139/2004/EC Council
Regulation of 20 January 2004 on the control of concentrations between
undertakings; Commission Notice - Guidelines on the assessment of horizontal
mergers under the Council Regulation on the control of concentrations between
undertakings (2004); and, 802/2004/EC Commission Regulation of 21 April 2004
implementing Council Regulation (EC) No 139/2004 on the control of
concentrations between undertakings. It contains: Commission Notice on the
concept of concentration under Council Regulation (EEC) 4064/89 on the
control of concentrations between undertakings (1998) (Note); Commission
Notice on the concept of undertakings concerned under Council Regulation
(EEC) 4064/89 on the control of concentrations between undertakings (1998)
(Note); Commission Notice on calculation of turnover under Council Regulation
(EEC) 4064/89 on the control of concentrations between undertakings (1998)
(Note); Commission Notice on the concept of full-function joint ventures
under Council Regulation (EEC) 4064/89 on the control of concentrations
between undertakings (1998) (Note); and, Commission Notice on remedies
acceptable under Council Regulation (EEC) No 4064/89 and under Commission
Regulation (EC) No 447/98 (2001) (Note). It also contains: Commission Notice
on a simplified procedure for treatment of certain concentrations under
Council Regulation (EC) No 139/2004 (2005); Commission Notice on restrictions
directly related and necessary to concentrations (2005); Commission Notice on
case referral in respect of concentrations (2005); and, Best Practices on the
conduct of EC merger control proceedings (2004); Decision of EEA Joint
Committee of 8 June 2004 amending Annex XIV (competition), Protocol 21 (on
the implementation of competition rules applicable to undertakings), Protocol
22 (concerning the definition of 'undertaking' and 'turnover' (Article 56))
and Protocol 24 (on cooperation in the field of control of concentrations) to
the EEA Agreement (No 78/2004). It includes: Decision of EEA Joint Committee
of 8 June 2004 amending Annex XIV (competition), Protocol 21 (on the
implementation of competition rules applicable to undertakings), and Protocol
24 (on cooperation in the field of control of concentrations) to the EEA
Agreement (No 79/2004); DG Competition Information Note on Art 6(1)c 2nd
sentence of Regulation 139/2004 (abandonment of concentrations) (2004); Best
Practice Guidelines Explanatory Notes on the Commission's Model Texts for
Divestiture Commitments and the Trustee Mandate under the EC Merger
Regulation (2003); Best Practice Guidelines Model Text for Divestiture
Commitments (2003); Best Practice Guidelines Model Text for the Trustee
Mandate (2003); Case team allocation request - Mergers (2008); and, New
Merger Regulation - Frequently asked questions (2004). It includes:
Communication pursuant to Article 3(2) of Commission Regulation (EC) No
802/2004 implementing Council Regulation (EC) No 139/2004 on the control of
concentrations between undertakings (2006); Commission Consolidated
Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the
control of concentrations between undertakings (2008); Commission Notice -
Guidelines on the assessment of non-horizontal mergers under the Council
Regulation on the control of concentrations between undertakings (2008);
Commission Notice on remedies acceptable under Council Regulation (EC) No
139/2004 and under Commission Regulation (EC) No 802/2004 (2008); Best
practice guidelines on market share ranges in non-confidential versions of
merger decisions (2008); and, Procedure for controlling merger operations
between enterprises. It presents: Commission Communication Pursuant to
Article 23(1) of Commission Regulation (EC) No 802/2004 implementing Council
Regulation (EC) No 139/2004 on the control of concentrations between
undertakings (2004); Merger Correspondence; US-EU Merger Working Group Best
Practices on Cooperation in Merger Investigations; European Competition
Authorities Principles on the application, by National Competition
Authorities within the ECA, of Articles 4(5) and 22 of the EC Merger
Regulation (2005); Commission Holidays (2009-2011); Enforcement; Commission
Guidelines on the method of setting fines imposed pursuant to Article 15(2)
of Regulation No 17 and Article 65(5) of the ECSC Treaty (1998) (Note); and,
Commission Guidelines on the method of setting fines imposed pursuant to
Article 23(2)(a) of Regulation No 1/2003 (2006). It also presents: Joint
Statement of the Council and the Commission on the Functioning of the Network
of Competition Authorities (2002); Commission Notice on immunity from fines
and reduction of fines in cartel cases (2006); Commission Notice on
cooperation within the network of competition authorities (2004); Commission
Notice on the co-operation between the Commission and the courts of the EU
Member States in the application of Articles 81 and 82 EC (2004); Commission
Notice on the handling of complaints by the Commission under Articles 81 and
82 of the EC Treaty (2004); Commission Notice on informal guidance relating
to novel questions concerning Articles 81 and 82 of the EC Treaty that arise
in individual cases (Guidance letters) (2004); and, European Competition
Network Model Leniency Programme (2006). It includes: 622/2008/EC Council
Regulation of 30 June 2008 amending Regulation (EC) No 773/2004, as regards
the conduct of settlement procedures in cartel cases; Commission Notice on
the conduct of settlement procedures in view of the adoption of Decisions
pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in
cartel cases (2008); Commission Communication Guidance on the Commission's
enforcement priorities in applying Article 82 of the EC Treaty to abusive
exclusionary conduct by dominant undertakings (2009); State Aid; Commission
Notice on cooperation between national courts and the Commission in the state
aid field (1995) (Note); Commission Communication on State aid elements in
sales of land and buildings by public authorities (1997); and, Guidelines on
National Regional Aid for 2007-2013. It also includes: 994/98/EC Council
Regulation of 7 May 1998 on the application of Articles 92 and 93 of the
Treaty establishing the European Community to certain categories of
horizontal state aid; 659/99/EC Council Regulation of 22 March 1999 laying
down detailed rules for the application of Article 93 of the EC Treaty;
1/2004/EC Commission Regulation of 23 December 2003 on the application of
Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized
enterprises active in the production, processing and marketing of
agricultural products; and, 794/2004/EC Commission Regulation of 21 April
2004 implementing Council Regulation (EC) No 659/1999 laying down detailed
rules for the application of Article 93 of the EC Treaty. It offers:
Commission Notice - Details of arrangement for the electronic transmission of
State aid notifications including addresses together with the arrangements
for the protection of confidential information (2005); Communication from the
Commission - Community guidelines on state aid for rescuing and restructuring
firms in difficulty (2004); Community framework for State aid in the form of
public service compensation (2005); 2005/842/EC Commission Decision of 28
November 2005 on application of Article 86(2) of EC Treaty to State aid in
the form of public service compensation granted to certain undertakings
entrusted with the operation of services of general economic interest; and,
Communication from the Commission - Community Guidelines on financing of
airports and start-up aid to airlines departing from regional airports
(2005); Community Guidelines on state aid to promote risk capital investments
in small and medium-sized enterprises (2006). It also offers: 2006/111/EC
Commission Directive of 16 November 2006 on the transparency of financial
relations between Member States and public undertakings as well as on
financial transparency within certain undertakings; 1998/2006/EC Commission
Regulation of 15 December 2006 on the application of Articles 87 and 88 of
the Treaty to de minimis aid; Community Framework for State Aid for Research
and Development and Innovation (2006); Vademecum Community Rules on State Aid
(2008); Commission Notice towards an effective implementation of Commission
decisions ordering Member States to recover unlawful and incompatible State
aid (2007); Commission Notice on the application of Articles 87 and 88 of the
EC Treaty to State aid in the form of guarantees (2008); Communication from
the Commission - Community guidelines on State aid for railway undertakings
(2008); and, Commission Notice - Community Guidelines on State Aid for
Environmental Protection (2008). It contains: Communication from the
Commission on the revision of the method for setting the reference and
discount rates (2008); 800/2008/EC Commission Regulation of 6 August 2008
declaring certain categories of aid compatible with the common market in
application of Articles 87 and 88 of the Treaty (General block exemption
Regulation); Communication from the Commission The application of State aid
rules to measures taken in relation to financial institutions in the context
of the current global financial crisis (2008); Communication from the
Commission The recapitalisation of financial institutions in the current
financial crisis limitation of aid to the minimum necessary and safeguards
against undue distortions of competition (2009); and, Communication from the
Commission Temporary Community framework for State aid measures to support
access to finance in the current financial and economic crisis (2009). It
presents: Communication from the Commission on the treatment of impaired
assets in the Community banking sector (2009); Commission Notice on the
enforcement of State aid law by national courts (2009); Commission Notice on
a simplified procedure for treatment of certain types of State Aid (2009);
Code of Best Practice for the conduct of State aid control procedures (2009);
Communication from the Commission on the return to viability and the
assessment of restructuring measures in the financial sector in the current
crisis under the State aid rules (2009); and, Communication from the
Commission Criteria for an In-Depth Assessment of Regional Aid to Large
Investment Projects (2009). It includes: Appendix; BIS Guidance Notes - How
The State Aid Rules Impact Upon Funding For The Delivery Of Public Services
Including Services Of General Economic Interest (SGEI) (2009); Guidance on
the application of the Competition Act 1998 in the water and sewerage sectors
- Consultation (2008); OFT Draft guidance consultation document (Mergers
Exceptions to the duty to refer and undertakings in lieu) (2009); Proposal
for a European Parliament and Council Regulation amending Council Regulation
(EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the
Treaty establishing the European Community to certain categories of
horizontal state aid (2006); and, Commission White Paper on Damages actions
for breach of the EC antitrust rules (2008). It includes: Antitrust
Commission proposes future competition law regime for motor vehicle sector -
frequently asked questions (2009); Communication from the Commission The
Future Competition Law Framework applicable to the motor vehicle sector
(2009); Draft Commission Regulation on the application of Article 81(3) of
the Treaty to categories of vertical agreements and concerted practices
(2009); Draft Commission Notice Guidelines on Vertical Restraints (2009);
Draft Commission Regulation on the application of Article 81(3) of the Treaty
to certain categories of agreements, decisions and concerted practices in the
insurance sector (2009); and, Common Principles for an Economic Assessment of
the Compatibility of State Aid under Article 87(3).