European Competition Law
A Case Commentary, Second Edition
Edited by Weijer VerLoren van Themaat and Berend Reuder
INDEX
A Case Commentary, Second Edition
ability to pay fines 13.175–7, 24.110, 26.27
see also fines
absence of intention to pay fines 14.175
see also fines
access
citizens’ right of access to documents 13.238
essential facilities and access time 5.95–6
file in criminal proceedings 24.92–4
right to access to a lawyer 24.119–25
rights to courts or tribunals 24.57–61
service provision and access time 5.94
accessibility of law, ECHR, respect for private and family life (Article 8) 19.22
acquisition of brand rights 14.89
see also brands
acquisition of control see control
acquisition by one company of an equity interest in a competitor 4.160
acquittal, final, and right not to be tried or punished twice for same criminal offence 27.07–8
administrative procedure
ECHR, full review of sanctions by an administrative court 24.51–6
ECHR imposition of fines by an administrative body 24.69–75
representation in administrative procedure, Regulation 1/2003 13.204–5
right to good see Charter, right to good administration (Article 41)
adversarial proceedings principle see ECHR, right to a fair trial (Article 6), fair trial, adversarial proceedings principle
advertising
restrictions 4.300
television advertising 9.01
trade association campaigns 10.18
agency agreements, cartel prohibition 4.276–81
agent and principal agreements 4.61, 5.122
aggravating circumstances, implementation of rules of competition 13.138–45
agreement conception, cartel prohibition see TFEU, Article 101 and cartel prohibition, agreement concept
agreements, and concerted practice concept 4.96, 4.114–24
agriculture policy 17.01, 17.02, 17.11
banana market 4.153, 5.26, 5.34, 5.130
cartel prohibition 4.07
cheese market 4.233
common agricultural policy 17.01, 17.04, 17.11, 17.14–17
exclusive supply obligation 17.08
fertilizer market 4.237, 5.31, 14.15, 14.52
livestock insemination centres 9.16
pig meat market 10.76
product markets see Regulation 1308/2013, common organisation of markets in agricultural products
wine production 10.77
see also fisheries sector; food and drink sector
aid notification, TFEU, Article 108 see TFEU, Article 108, notification of aid
aid prohibition, TFEU, Article 107 see TFEU, Article 107, aid prohibition
air transport
air carriers, non-commercially viable routes 9.36
air navigation safety 4.51
airport management services 5.59, 5.124
cartel prohibition 4.08–9
civil air transport installations 4.45
dominance abuse 5.03, 5.47, 5.59
in-flight magazine 14.173
international air transport services between Community airports 4.09
Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2) 14.13, 14.76
Regulation 139/2004, control of concentrations between undertakings, turnover calculation (Article 5) 14.131
travel agent commission on airline tickets 5.80
see also transport
annulment decisions
action, TFEU, Article 108 see TFEU, Article 108, notification of aid, annulment action
and Commission liability 14.79–81
contested decision, hearings of parties 13.226, 13.231
inspection decision, right to a fair trial 24.65
no obligation to remand to a different body following 24.75
Regulation 1/2003 13.04, 13.169, 13.226, 13.231
another person, proceedings against a decision addressed to 11.91, 11.95, 11.98, 11.97
Anton Piller order, UK 19.20, 19.48
appeal
sanctions open to 24.69–72
setting aside of judgment under 24.116
by third party possible, Regulation 139/2004, control of concentrations between undertakings, referral to competent authorities of Member States 14.161
unlimited jurisdiction on 13.249–50
appraisal of concentrations, Regulation 139/2004 see Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2)
ARPU (average revenue per unit) calculation, horizontal mergers 14.53
assistance, granting assistance to Commission officials, inspection powers 13.61
association of undertakings
calculation turnover 13.168, 13.177
chartered accountant undertaking training 4.66
and competition restriction 4.152, 4.179–82, 25.11
and single continuous infringement 4.116
trade union association as 4.17
see also undertakings
atomic energy 4.07
Austria
home-delivery services 5.41
judicial searches 19.44
mobile telephone charges 9.54
automobiles see vehicles
autonomy
concept 24.14–15
conduct that restricts competition 4.138
national procedural 8.02
principle 24.09
banana market 4.153, 5.26, 5.34, 5.130
see also agricultural policy
banking
guarantees 13.220
MasterCard scheme 4.129, 4.227, 4.231
mergers 14.47
savings deposits and maximum rates of interest 2.09
sector, TFEU, Article 101 and cartel prohibition, competition restriction 4.150
bankruptcy, and aid recovery 11.121–3
beer supply agreements 4.161, 4.206, 4.311
Belgium
air tariffs 2.07
airport charges 10.25
CD-Contact Data and Nintendo 4.77
FEDETAB and tobacco imports 4.63, 4.70, 4.125, 4.239
international removal services 4.121, 4.197–8
judicial searches 19.42
shipbuilding and ship conversion aid 10.145
travel agencies 4.276
vehicle approval services 5.16
bidding, collusive 13.108
bidding markets (tenders) 9.34, 10.114, 14.37–40
block exemptions
and dominance abuse 5.154
exclusive supply contract and block exemption, Regulation 330/2010, vertical agreements 15.15
hardcore restrictions removing benefit of 16.09
restriction removing benefit see Regulation 330/2010, vertical agreements, restrictions removing benefit of block exemption (Article 4)
branding
acquisition of brand rights 14.89
brand name dominance and refusal to supply 5.93
chocolate brands 14.44
equity and product differentiation 5.48
single branding 4.310–11
breach of reserved area, TFEU, Article 106, public undertakings 9.09
breach of the rights of the defence complaint, Regulation 1/2003, implementation of rules of competition, hearings of parties, complainants and others (Article 27) 13.223–4
breaking a seal, Regulation 1/2003, implementation of rules of competition, fines (Article 23) 13.67
brewery sector, new entry issues, TFEU, Article 101 and cartel prohibition, competition restriction 4.161
broadcasting
control of concentrations between undertakings 14.128, 14.198
and dominance abuse 5.20, 9.14
intellectual property rights and broadcaster decoding 4.308
public undertakings 9.14
radio equipment, type approval requirements 9.17
television advertising 9.01
television broadcasting of horse-racing 5.108
television broadcasting of musical works 5.120
television programme listings 5.20, 5.106
TV broadcasting market 14.18
see also media
bundling
and dominance abuse 5.84–7
leverage a strong position from one market to another 14.66
of similar contracts and new entrant issues 4.161
burden of proof see proof, burden of
business
discrimination between business partners 5.125
freedom to conduct 20.01
premises, right to protection of 19.12–13
secrets 13.234–5, 13.237, 13.239
call option, control of concentrations between undertakings 14.91, 14.113, 14.134
capital
injections and aid prohibition 10.91–101
international movement 4.11
investment as entry barrier 5.34
see also economic activity
cars see vehicles
cartel prohibition
TFEU, Article 101 see TFEU, Article 101 and cartel prohibition
TFEU, Article 102 see TFEU, Article 102, cartel prohibition
carton market 14.67
cash register spares 5.84
censorship, retroactive 4.300
certification
services for public works contracts 4.54
systems and standards 4.258–9
chain of substitution 14.27–8
see also substitution
Charter Article 47 applicability, ECHR, right to a fair trial (Article 6) 24.07
Charter, equality before the law (Article 20) 22.01–7
finding of an infringement 22.02
fine calculation by Commission 22.04
fine review by EU courts and unlimited jurisdiction 22.05–7
leniency rebate 22.03
Charter, field of application (Article 51) 28.01–2
Charter, freedom to conduct a business (Article 16) 20.01
Charter, level of protection (Article 53) 30.01
Charter, presumption of innocence and rights of defence (Article 48) see ECHR, presumption of innocence and rights of defence (Article 6)
Charter, principles of legality and proportionality (Article 49) see ECHR, no punishment without proper law (Article 7)
Charter, respect for family life (Article 7) see ECHR, respect for private and family life (Article 8)
Charter, right not to be tried or punished twice for same criminal offence (Article 50) see ECHR, right not to be tried or punished twice for same criminal offence (Article 4 Protocol 7)
Charter, right to a fair trial (Article 47) see ECHR, right to a fair trial (Article 6)
Charter, right to good administration (Article 41) 23.01–30
exculpatory documents 23.29
file access 23.25–30
fines, level of 23.20–21
legal certainty requirement 23.03
notification of statement of objections 23.04
reasonable period 23.01–9
reasonable period, assessment in respect of administrative proceedings 23.07–8
reasonable period, consequences of failure to adopt decision within a reasonable period, EFTA court 23.09
reasonable period, test 23.02–6
right to be heard 23.14–15, 23.17–21, 23.25
rights of defence 23.10–30
rights of defence, preliminary enquiries applicability 23.13
statement of objections 23.16–24
unlimited jurisdiction in reviewing fine 23.09
Charter, right to property (Article 17) 21.1
Charter, scope and interpretation of rights and principle (Article 52) 29.01–4
exceptions 29.01–3
explanations 29.04
proportionality of interference 29.02
chartered accountants 4.53, 4.66
cheese market 4.233
see also agriculture policy
chemical sector 13.184
chocolate brands 14.44
see also branding
cigarettes see tobacco
citizens’ right of access to documents 13.238
see also access; documents
civil rights, determination of 24.08–13
clandestine contact between traders 25.10
closeness of competition, horizontal mergers 14.37–44
closeness of substitution, horizontal mergers 14.39
coffee espresso machines 14.43
collective bargaining 4.14–17
collective dominance
dominance abuse 5.49–56, 5.136
horizontal mergers 14.56, 14.57, 14.58, 14.81
theory 14.06
see also dominance abuse
collusion, collusive bidding 13.108
commercial information exchange 4.100
see also information
commercial interests, protecting 5.141–4
commercial lease agreement 4.154
commercial vehicle replacement 10.43
see also vehicles
Commission
competence in case of amendment of proposed concentration 14.02
competences, Commission versus Member States 14.193–5
decision powers see Regulation 139/2004, control of concentrations between undertakings, powers of Commission decision (Article 8)
failure to provide information within period fixed by Commission decision 14.174
investigation by 14.139–40
liability, annulment of decision 14.79–81
referrals 14.196–8
right to be heard, after concentration has been notified to Commission 14.188
commission income 13.194
common agricultural policy 17.01, 17.04, 17.11, 17.14–17
see also agricultural policy
communications apps 14.55
see also technology
compatibility
assessment, formal investigation procedure 11.18–21, 11.23, 11.24, 11.28–9, 11.36–8
concentrations with the common market 14.06
with internal market 10.126, 10.127–45
with rule of law 19.24–8
competences, Commission versus Member States 14.193–5
competition
authority searches see under ECHR, respect for private and family life (Article 8), interference justification, disproportionate national systems
closeness, horizontal mergers 14.37–44
competitors in non-Member countries, TFEU, Article 101 and cartel prohibition 4.20–21
concept see TFEU, Article 101 and cartel prohibition, competition concept
and concerted practice concept 4.109
distortion 10.54–7
and EEA Agreement 4.164
effect to prevent, restrict or distort 4.156–64
elimination, and abuse of dominance 5.05–6
elimination, horizontal mergers 14.48, 14.49–52
non-competition clauses 4.269–71
restrictions see TFEU, Article 101 and cartel prohibition, competition restriction
restrictions, and association of undertakings 4.152, 4.179–82, 25.11
ruinous 4.31
rules, and aid prohibition 10.81
rules implementation, Regulation 1/2003 see Regulation 1/2003, implementation of rules of competition
rules and State aid 10.81
uniform application of competition law 13.36–7
complaints
obligation of Commission to address 11.51
received by Commission, aid notification 11.123–4
complexity of dispute, right to a fair trial 24.111–12
compulsion, testimony obtained under 25.29, 25.30–32, 25.44
computer software and third party licence to use a product 5.110
see also technology
concentrations between undertakings see Regulation 139/2004, control of concentrations between undertakings
concerted practice
cartel prohibition see TFEU, Article 101 and cartel prohibition, concerted practice concept
causal link, presumption of innocence and rights of defence 25.18–20
ECSC Treaty 4.108
as having anti-competitive object 4.147
concurrence of wills
as agreement, and cartel prohibition 4.68–77, 4.84, 4.87
and vertical agreements 4.274
concurrent sanctions 13.164–5
conduct of applicant and conduct of court, right to a fair trial (Article 6) 24.110
conferred powers principle 8.02
confidentiality
information 13.233, 13.239, 14.181, 14.189
lawyer-client 1.55
procedure protection 13.55–6
written communications 13.51–2, 13.56
conglomerate mergers 14.64–9
see also mergers
consecutive acquisitions 14.132–5
constraints associated with use of languages 24.110
consumers
consumer protection associations and ‘sufficient interest’ 14.187
customer-sharing and price-fixing 13.153
direct access to sources of production 4.28
direct benefit for 4.228–31
horizontal mergers and cultural diversity 14.54
MasterCard scheme and benefit to consumers 4.227, 4.231
price information known by 4.268
contestable market, and abuse of dominance 5.147
continuing or repeated infringements 13.17–20, 13.213–14, 13.216
continuity, legal and economic 13.197–203
contract bundling see bundling
contract to contractor other than lowest bidder 4.248
contractual relations between suppliers and their approved distributors 16.05
contractual veto rights 14.91
control
acquisition of control by the State 14.109–10
change from joint to sole control 14.11–13
joint control 14.95–8, 14.105–7
sole control, see Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), sole control
cooperation
agreement between producer and wholesaler 4.232, 4.238
competition concept 4.29, 4.32
cooperative purchasing association 4.179
criteria, concerted practice concept 4.97
duty of genuine, aid recovery 11.111–12
implementation of rules of competition, inspection powers 13.31–2
obligation of active cooperation, information requests 19.55
obligation of sincere cooperation 24.36
coordination
competition concept 4.29, 4.32
and concerted practice concept 4.97
effects assessment, appraisal of concentrations 14.78
effects, horizontal mergers 14.56–60
effects, non-horizontal mergers 14.63
copper market 14.16, 14.21, 14.28, 14.58
copyright
musical composers 5.102, 5.120
and refusal to supply 5.99–100, 5.102–3
sound recordings 5.99
see also intellectual property rights
correspondence, respect for 19.09–10
see also documents
cosmetics, internet sales ban 4.305
countervailing buyer power 14.61
see also mergers
courts
access rights 24.57–61
conduct of 24.110
national courts, cooperation with 13.34–5
see also national courts; tribunals
credit information exchange 4.267
credit institutions 10.29, 14.127
criminal proceedings
access to file 24.92–4
right not to be tried or punished twice for same criminal offence 27.03–5
right to a fair trial see ECHR, right to a fair trial (Article 6), criminal charge
criminal sanctions, non-retroactivity of 26.09–10, 26.16
crisp bread market 14.41
see also food and drink sector
cross-subsidisation, aid prohibition 10.105
cultural diversity effects 14.54
customers see consumers
customs agents’ activities 4.42
customs searches 19.40
Czech Republic
banking sector 4.150
competition authority searches 19.46
damages
and aid notification 10.125
civil action for 24.36
claims against EU 24.116
claims, and failure to adjudicate within a reasonable period 24.117
compensation, and aid prohibition 10.125
see also information
dawn raids 24.63–5
de facto control of concentrations see Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), de facto control
‘de facto control/economic dependence’ arguments, turnover calculation (Article 5) 14.137
de facto prohibition on sales via internet in selective distribution agreements 15.06–12
de minimis notice 4.175, 10.65–6, 13.21
dealers, conditions for admission of 17.05
dealing agreements with third country laws 4.19
see also third countries
debt arrangement, aid prohibition 10.102, 10.115
defence
breach of rights 13.223–4
respect for the rights of 9.49, 13.87
rights of, inspection powers (Article 20) 13.47, 13.51
rights of 14.80, 23.10–30, 25.23–4
rights of, preliminary enquiries applicability 23.13
rights of, and presumption of innocence see ECHR, presumption of innocence and rights of defence (Article 6)
deferred powers
decisions of the executive 24.49–50
Member State responsibility 18.17–25
Deggendorf-doctrine 11.90
democratic society necessity, respect for private and family life 19.32–52
Denmark, fertilizer market 5.31
derogation
exceptional derogation from Treaty rules 9.26–45
suspension of concentrations 14.149–52
TFEU, Article 106, public undertakings, exceptional derogation from Treaty rules 9.26–45
determination of civil rights 24.08–13
deterrence effect 13.120–22, 13.162, 24.19, 24.21–2
diamonds and exclusive purchasing 5.72
differentiated markets, dominance abuse 5.18–20
differentiation, product 5.48, 14.40–44
digital map databases 14.10, 14.63
see also technology
direct action against decision adopted by a Community institution 11.79, 13.12, 13.219, 13.236, 13.240
direct effect
aid prohibition 10.71–4
cartel prohibition 4.01–2, 5.01
disclosure
relevant evidence 24.93
to competitor of course of conduct 4.99
see also information
discounts
and dominance abuse 5.145–6
practical effect of thresholds for 5.78
quantity discount effect circumstances 5.79
discretionary powers 4.238, 8.05, 10.37, 10.142, 13.73, 13.75, 13.78, 13.81, 13.151–2
margin of discretion 13.77, 13.243
discrimination between business partners 5.125
discriminatory pricing predation 5.89
disproportionate national systems see ECHR, respect for private and family life (Article 8), interference justification, disproportionate national systems
distancing, undertaking publicly distancing itself from agreement or concerted practice 13.06–9
distortion of competition 10.54–7
see also competition
distribution system
contractual relations between suppliers and their approved distributors 16.05
de facto prohibition on sales via internet in selective distribution agreements 15.06–12
exclusive distribution 4.306–9
protection, motor vehicle sector 15.10–11
spare parts 5.17, 5.84–6, 5.104–5
unauthorised distributors definition 15.07
unilateral conduct 4.78–80, 4.82, 4.84–5
divestitures beyond geographical markets 14.147
see also transportation
documentation
citizens’ right of access to documents 13.238
correspondence, respect for 19.09–10
failure to communicate a document 23.29
order to submit information or documents 25.36–43
preparatory documents 13.54
privileged correspondence between lawyer and client 13.53–4
probative data 4.112, 13.13–14
sealed envelope procedure 13.56, 19.59
written communications see written communications
see also file access; information
dominance abuse
collective see collective dominance
tariff approvals that lead to dominance abuse 9.18
TFEU, Article 102 see TFEU, Article 102, and abuse of dominance
double mark-up elimination 14.75
dual membership prohibition 4.179
duration of infringement see gravity and duration of infringement
ECHR, ne bis in idem principle 13.190
ECHR, no punishment without proper law (Article 7) 26.01–27
‘economic continuity’ test 26.24
foreseeability, EU courts 26.15–18
foreseeability, European Court of Human Rights 26.13–14, 26.17–18
gravity of infringements, determination of 26.21
joint and several liability 26.27
legality principle 26.01–7
legality principle, EU courts 26.05–7
legality principle, European Court of Human Rights 26.01–4
non-retroactivity of criminal sanctions 26.09–10, 26.16
penalty concept 26.08
personal liability principle 26.24–7
proportionality 26.19–23
retroactivity of the more lenient sanction, EU courts 26.12
retroactivity of the more lenient sanction, European Court of Human Rights 26.11
turnover of undertaking and calculation of fine 26.19, 26.22–3
ECHR, obligation to respect human rights (Article 1) 18.01–25
equivalence finding 18.23
equivalent guarantees 18.21–5
grant of exequatur for Commission Decision imposing a fine 18.24
international law sources 18.13–14
interpretation methods 18.02–14
as living instrument 18.04–5
Member State practice 18.12
Member State responsibility when deferring powers to EU 18.17–25
no binding effect vis-à-vis the EU 18.15
no binding effect vis-à-vis the EU as holder of powers 18.16
preliminary reference procedure 18.25
right to a fair trial 18.08
supplementary means of interpretation 18.03, 18.11
supra-national human rights treaty 18.01
two-step test, general level and protection in the individual case concerned 18.22
Vienna Treaty on the Law of Treaties 18.03, 18.06–13
ECHR, presumption of innocence and rights of defence (Article 6) 25.01–46
burden of proof 25.04–7, 25.11, 25.15
causal link in case of a concerted practice 25.18–20
clandestine contact between traders 25.10
degree of severity of the ensuing penalties 25.09–10
EU courts 25.09–14
European Court of Human Rights 25.01–8
legal certainty principle 25.17
obligation to answer truthfully under oath 25.35
obligation to give the name of the driver of a registered vehicle 25.39
obligation to indicate one’s whereabouts at a given time 25.34
obligation to mention the privilege against self-incrimination 25.46
obligation to provide information concerning the origin of certain income 25.38
order to submit information or documents 25.36–43
order to submit information or documents, EU courts 25.40–43
order to submit information or documents, European Court of Human Rights 25.36–9
parent company liability 25.16–17
participation in a meeting with an anti-competitive character 25.21
privilege against self-incrimination and right to remain silent 25.25–45
reversible presumptions of fact or law, possibility of use of 25.03
right to remain silent, inferences drawn from 25.44–5
right to remain silent stricto sensu25.33–5
rights of defence 25.23–4
testimony obtained under compulsion 25.29, 25.30–32, 25.44
ECHR, respect for private and family life (Article 8) 19.01–59
respect for correspondence 19.09–10
respect for the home 19.01–8
respect for the home, EU Court of Human Rights 19.01–4
respect for the home, EU Courts 19.05–8
respect for privacy of telephone calls 19.11
ECHR, respect for private and family life (Article 8), interference justification 19.13–55
absence of prior judicial search authorisation sufficiently compensated by other safeguards 19.55
accessibility 19.22
in accordance with the law 19.17–28
in accordance with national laws 19.19–21, 19.25, 19.39–53, 19.55, 19.57
in accordance with national laws, non-compliant Finnish system 19.27–8
Community law guarantees 19.53
compatibility with rule of law 19.24–8
democratic society necessity 19.32–52
EU system assessment 19.53–5
explanatory notes 19.55
foreseeability 19.23
and judicial review 19.53, 19.55
lawyer-client confidentiality 1.55
legal privilege 19.56–9
legal privilege, EU courts 19.57–9
legal privilege, European Court of Human Rights 19.56
legitimate aim 19.29–30
obligation of active cooperation 19.55
prior judicial authorisation, importance of 19.37–8
proportionality test 19.35–6
reasonable suspicion requirement 19.54
right to legal representation 19.53, 19.56, 19.59
right to protection of business premises 19.12–13
safeguards, adequate 19.33–4
sealed envelope procedure 19.59
search and seizure as serious interference 19.26
statement of reasons 19.55
two-step test 19.35–6
written communication between lawyer and client 19.56, 19.57–9
ECHR, respect for private and family life (Article 8), interference justification, disproportionate national systems 19.39–47
Austrian judicial searches 19.44
Belgian judicial searches 19.42
Czech competition authority searches 19.46
French competition authority searches 19.47
French competition searches according to former legislation 19.41
French customs searches 19.40
German judicial searches 19.39
Romanian judicial searches 19.45
Russian judicial searches 19.43
ECHR, respect for private and family life (Article 8), interference justification, proportionate national systems 19.48–52
French competition authority searches 19.52
Swiss searches under telecommunications legislation 19.49
UK Anton Piller order 19.20, 19.48
UK judicial searches 19.50
ECHR, right not to be tried or punished twice for same criminal offence (Article 4 Protocol 7) 27.01–9
criminal proceedings 27.03–5
criteria 27.03–4
final acquittal or conviction in the first proceedings 27.07–8
non bis in idem principle 27.01–2, 27.05–7
same offence, understanding of 27.06
tax penalties and criminal penalties combined 27.05
tried or punished again, understanding of 27.09
ECHR, right to a fair trial (Article 6) 18.08, 23.09, 23.29, 24.01–130
access rights to courts or tribunals 24.57–61
access rights to courts or tribunals, restrictions 24.60–61
autonomy principle 24.09
Charter Article 47 applicability 24.07
civil rights and obligations 24.08–13
right of silence 13.45
right to access to a lawyer 24.119–25
right to public hearing 24.118
social security proceedings 24.118
tax matters 24.12
ECHR, right to a fair trial (Article 6), criminal charge 24.14–27
autonomy concept 24.14–15
EU courts 24.21–7
European Court of Human Rights 24.14–20
fines for infringement of road traffic rules 24.16–17
fines for infringement of tax rules 24.18
hard core criminal law and other criminal charges, distinction between 24.22
moment when charge is brought 24.23–7
nature of offence 24.14
presumption of innocence 24.21
‘reasonable time’ from arrest to prosecution 24.25
rule of law 24.14
severity of offence, punishment and deterrence objectives 24.19, 24.21–2
ECHR, right to a fair trial (Article 6), effective remedy (Article 13) 23.09, 24.01–6, 24.62–5
annulment of inspection decision 24.65
dawn raids 24.63–5
European Court of Human Rights 24.02, 24.63–4
legal standard 24.62
ECHR, right to a fair trial (Article 6), fair trial 24.66–101
access to the file in criminal proceedings 24.92–4
applicability to pre-trial proceedings, European Court of Human Rights 24.66–8
effective judicial protection principle 24.72
entitlement to disclosure of relevant evidence 24.93
equality of arms 24.88–91
equality of arms, EU courts 24.91
equality of arms, European Court of Human Rights 24.88–90
exclusionary rule 24.95–6
imposition of fines by an administrative body 24.69–75
imposition of fines by an administrative body, EU courts 24.72
imposition of fines by an administrative body, European Court of Human Rights 24.69–71
imposition of fines by an administrative body, except in relation to serious charges 24.73
inspectors, functions performed by 24.68
lawfulness of having one and the same body investigate and fine 24.74
legality review 24.72
no obligation to remand to a different body following annulment 24.75
obligation to comply 24.72
obligation to state the grounds of a judgment 24.97–9
prosecution and punishment of minor offences 24.70
right to be heard 24.86
sanction open to appeal 24.69–72
waiver of rights 24.100–101
ECHR, right to a fair trial (Article 6), fair trial, adversarial proceedings principle 24.76–87
applicability when the court applies grounds of its own motion 24.84–7
European Court of Human Rights 24.76–81, 24.84–5
exceptions 24.87
ECHR, right to a fair trial (Article 6), full jurisdiction 24.43–56
assessment 24.46–56
equal treatment principle 24.55
full review of sanctions by an administrative court 24.51–6
full review of sanctions by an administrative court, EU courts 24.55–6
full review of sanctions by an administrative court, European Court of Human Rights 24.51–4
gravity and duration of infringement, and setting of fines 24.55
insufficiency in case of deference of the court to decisions of the executive 24.49–50
insufficiency of a pure constitutionality review 24.46
insufficiency of a review restricted to points of law 24.47–8
legal standard 24.43–5
reciprocity clause 24.50
unlimited jurisdiction exercise 24.55
ECHR, right to a fair trial (Article 6), independent and impartial tribunal 24.28–42
civil action for damages 24.36
economic assessments 24.36
following remandment 24.40–42
following remandment, EU courts 24.42–3
following remandment, European Court of Human Rights 24.40–41, 24.43
impartiality 24.37–42
independence 24.35–6
independence, EU courts 24.35–6
independence, European Court of Human Rights 24.35
legality review 24.36
objective and subjective test 24.38–9
obligation of sincere cooperation 24.36
tribunal concept 24.28–34
tribunal concept, EU courts 24.32–4
tribunal concept, European Court of Human Rights 24.28–31
ECHR, right to a fair trial (Article 6), legal aid 24.126–29
assistance by a lawyer and dispensation of the cost of proceedings 24.127
availability to a legal person 24.129
grant procedure 24.128
principle of effective judicial protection 24.129
right to an effective remedy 24.129
ECHR, right to a fair trial (Article 6), reasonable period 24.102–18
assessment 24.110–12
complexity of dispute 24.111–12
conduct of applicant 24.110
conduct of court 24.110
constraints associated with use of languages 24.110
EU courts 24.103
European Court of Human Rights 24.102
failure to adjudicate within a reasonable period 24.113–17
failure to adjudicate within a reasonable period, damages claims 24.117
failure to adjudicate within a reasonable period, EU courts 24.115–17
failure to adjudicate within a reasonable period, European Court of Human Rights 24.113–14
legal certainty requirement 24.111
legal standard 24.108–9
relevant period 24.104–7
setting aside of judgment under appeal 24.116
superseded case law providing for immediate redress 24.115
ECHR, right to property (Article 1 Protocol) 21.01
economic activity
assessments, independent and impartial tribunal 24.36
and cartel prohibition 4.38–54
‘de facto control/economic dependence’ arguments 14.137
development of certain, aid prohibition 10.142
economic agents, provision of 16.03
economic aim pursued by parties 14.104
‘economic continuity’ test, ECHR, no punishment without proper law (Article 7) 26.24
economic progress, promotion of 4.218–27
economic value and excessive pricing 5.118, 5.119
financial crisis and emergency aid 10.141
legal and economic continuity 13.197–203
legal and economic links 13.194–6
restrictions inherent to an object of economic interest 4.179–82
retail pharmacies and economic progress 4.222
strength measurement 5.07
value of royalties 5.117
see also capital; investment
agreement concept 4.71
concerted practices 4.108
and exchange of information 4.265
ne bis in idem principle 13.164
ECUs conversion 13.92
EEA Agreement
and competition restriction 4.164
evidence, nature of 13.13
joint and several liability for infringement 13.190
effect to prevent, restrict or distort competition 4.156–64
effective judicial protection principle 13.244, 13.246, 24.72, 24.129
effective remedy, right to a fair trial see ECHR, right to a fair trial (Article 6), effective remedy (Article 13)
efficiencies, and dominance abuse 5.138, 5.145–6
efficiency defence of mergers 14.74–8
see also mergers
efficient competitor test 5.83
electricity
distribution 5.50
imports 9.39
elimination of competition concerns 14.45–52, 14.142
employment
collective bargaining between employers and workers 4.14, 4.15
fixed-term employment contracts 10.122
procurement activities 4.39, 9.13
small businesses and protection of workers against unfair dismissal 10.06
standard of living and employment levels 10.127
energy transport network 5.96
enforcement measures
limitation period for the enforcement of penalties 13.218–20
TFEU, Article 103 6.01–3
entry barriers
and cartel prohibition 4.35
and dominance abuse 5.34–43
and fixed costs 5.42
and infrastructure 5.41
reduction 14.143
and standardization 5.43
environmental factors
anti-pollution surveillance 4.41
pollution and aid prohibition 10.138
taxation 10.45–6
equal treatment principle 10.19, 13.75, 13.81, 13.159–63, 24.55
equality of arms, right to a fair trial 24.88–91
equality before the law see Charter, equality before the law (Article 20)
equity
interest acquisition of competitor 4.160
veto rights over issuance of fresh 14.114
equivalent guarantees 18.21–5
see also guarantees
essential facilities and access time 5.95–6
EU Charter see Charter
EU courts
equality of arms 24.91
failure to adjudicate within a reasonable period 24.115–17
fine review and unlimited jurisdiction 22.05–7
following remandment, EU courts, ECHR, right to a fair trial (Article 6), independent and impartial tribunal 24.42–3
full review of sanctions by an administrative court, EU courts, ECHR, right to a fair trial (Article 6), full jurisdiction 24.55–6
imposition of fines by an administrative body 24.72
independence 24.35–6
legal privilege 19.57–9
legality principle 26.05–7
no punishment without proper law 26.12, 26.15–18
order to submit information or documents 25.40–43
presumption of innocence and rights of defence 25.09–14
respect for private and family life 19.05–8, 19.53–5
right to a fair trial, adversarial proceedings principle 24.82–3, 24.85–6
right to a fair trial, criminal charge 24.21–7
right to a fair trial, effective remedy 24.03–6, 24.65
right to a fair trial, reasonable period 24.103
tribunal concept 24.32–4
European Convention on Human Rights see ECHR
European Court of Human Rights
equality of arms, right to a fair trial 24.88–90
legal privilege, respect for private and family life 19.56
no punishment without proper law 26.01–4, 26.11, 26.13–14, 26.17–18
presumption of innocence and rights of defence 25.01–8, 25.36–9
respect for private and family life 19.01–4
right to a fair trial, adversarial proceedings principle 24.76–81, 24.84–5
right to a fair trial, applicability to pre-trial proceedings 24.66–8
right to a fair trial, criminal charge 24.14–20
right to a fair trial, effective remedy 24.02, 24.63–4
right to a fair trial, failure to adjudicate within a reasonable period 24.113–14
right to a fair trial, full jurisdiction 24.51–4
right to a fair trial, imposition of fines by an administrative body 24.69–71
right to a fair trial, independent and impartial tribunal 24.28–31, 24.35, 24.40–41, 24.43
right to a fair trial, reasonable period 24.102
European Regional Development Fund 10.133
evidence
assessment and standard of proof 4.113, 4.116
entitlement to disclosure of relevant 24.93
probative value of statements 13.13–14
Regulation 1/2003 13.04–5, 13.12–15
sufficient to demonstrate existence of infringement 13.04
supplemented by inferences 13.05
testimony obtained under compulsion 25.29, 25.30–32, 25.44
examination of notification see Regulation 139/2004, control of concentrations between undertakings, examination of notification and initiation of proceedings (Article 7)
exceptional derogation from Treaty rules
derogation 9.26–45
TFEU, Article 106, public undertakings 9.26–45
exceptions
Charter, rights and principle 29.01–3
equality of arms, right to a fair trial 24.88–91
exceptional circumstances for suspension 14.170
exceptional derogation from Treaty rules 9.26–45
right to a fair trial, adversarial proceedings principle 24.87
serious charge 24.73
excessive pricing 5.116–21
see also pricing
exchange rates and turnover 13.92
exclusionary rule, right to a fair trial 24.95–6
exclusive distribution 4.306–9
see also distribution system
exclusive licence agreement, intellectual property rights and broadcaster 4.308
see also broadcasting
exclusive purchasing 5.71–2
exclusive rights 5.76, 9.08, 9.15, 9.16, 9.19, 14.195
and state intervention 5.35–40
exclusive supply contract and block exemption 15.15
exclusive supply obligation, agricultural products 17.08
see also agricultural policy
exculpatory documents 23.29
see also documentation
exemptions
block see block exemptions
individual 5.154
TFEU, Article 101 see TFEU, Article 101 and cartel prohibition, exemptions
vertical agreements 15.02, 16.02–8
exequatur, grant of 18.24
exports
maritime import and export operations 5.58
motor trade restrictions 4.172
port duties 9.20
preferential rediscount rate 10.116
prohibition 4.81–2
extraordinary general meetings insufficient to create control 14.119
see also meetings
failing firm defence 14.70–73
failure to communicate a document 23.29
see also documents
failure to notify a concentration 14.176–7
failure to provide information within period fixed by Commission decision 14.174
fair trial
obligation to respect human rights 18.08
right to see ECHR, right to a fair trial (Article 6)
see also presumption of innocence
family life, respect for see ECHR, respect for private and family life (Article 8)
FEDETAB and tobacco imports 4.63, 4.70, 4.125, 4.239
see also tobacco
fees
airport management services 5.124
levels charged in other Member States 5.121, 5.123
self-employed substitutes 4.17
fertilizer market 4.237, 5.31, 14.15, 14.52
see also agriculture policy
FIFA see under football
file access
criminal proceedings 24.92–4
equality of arms, right to a fair trial 24.88–91
right to good administration 23.25–30
see also documentation
final acquittal or conviction in the first proceedings 27.07–8
final price composition 4.100
see also pricing
financial activity see economic activity
financial crisis and emergency aid 10.141
financial institutions 4.267, 14.127
fines
ability to pay 13.175–7, 24.110, 26.27
absence of intention to pay 14.175
calculation by Commission 22.04
grant of exequatur for Commission Decision 18.24
and gravity and duration of infringement 24.55
immunity or reduction 13.24
imposition by administrative body 24.69–75
infringement of road traffic rules 24.16–17
infringement of tax rules 24.18
lawfulness of having one and the same body investigate and fine 24.74
publication of decisions 13.236
Regulation 1/2003 see Regulation 1/2003, implementation of rules of competition, fines (Article 23)
Regulation 139/2004 see Regulation 139/2004, control of concentrations between undertakings, fines (Article 14)
review by EU courts and unlimited jurisdiction 22.05–7, 23.09
right to good administration 23.20–21
and turnover of undertaking 26.19, 26.22–3
see also sanctions
Finland, non-compliant system 19.27–8
fiscal measures, aid prohibition 10.118–19
see also agriculture policy
‘fix-it-first’ commitment 14.141–2, 14.147
fixed price agreements 4.71
see also pricing
fixed-term employment contracts 10.122
see also employment
fixing amount, fines 13.68–176
flour additives sector 5.14
‘follow-my-leader’ role in infringement 13.128, 13.136
food and drink sector
banana market 4.153, 5.26, 5.34, 5.130
beer supply agreements 4.161, 4.206, 4.311
cheese market 4.233
crisp bread market 14.41
flour additives sector 5.14
lysine market 13.93
sugar market 4.102, 5.57, 13.197, 14.25
wine production 10.77
see also agriculture policy
football
broadcast licences for Premier League matches 4.149
FIFA as association of undertakings 4.139, 5.55
national associations that are members of FIFA 4.128
see also sports
foreclosure, non-horizontal mergers 14.62
foreseeability
no punishment without proper law 26.13–18
respect for private and family life, interference justification 19.23
France
airport management services 5.59
competition authority searches 19.41, 19.47, 19.52
customs searches 19.40
Expedia and de minimis notice 4.175
racing companies and PMU 4.136
social plans and financial assistance 10.36
franchise agreements 4.189, 4.211, 4.312–13, 14.136–7
free movement of goods 10.80
freedom of establishment and freedom to provide services 13.51
freedom of movement, sports and freedom of movement, TFEU, Article 46 4.18
freedom to conduct a business 20.01
see also business
full jurisdiction, right to a fair trial see ECHR, right to a fair trial (Article 6), full jurisdiction
full review of sanctions by administrative court 24.51–6
see also sanctions
fundamental rights, respect for 13.12
funeral services 9.12
gambling
television broadcasting of horse-racing 5.108
and unclaimed winnings 10.07
gentlemen’s agreement 4.35, 4.68
geographic allocation of power 14.130–31
geographic market
and dominance abuse 5.22–5
land sales 10.107–13
price discrimination 5.127–31
size and fines 13.105–6
Germany
copyright laws 5.103
intellectual property rights 9.33
judicial searches 19.39
motor vehicle industry 4.279, 15.09–10
potash market 14.15
reunification effects 10.139
shipbuilding and marine and defence electronics 10.62
statutory health insurance scheme 4.49
tobacco distribution improvement 4.220
vehicle leasing contracts 4.277
zinc sheet manufacture 4.167
glass, float glass trade 14.27
good faith intention 14.129
grant procedure, legal aid 24.128
gravity and duration of infringement
and fines 13.75, 13.82–5, 13.96, 13.98, 13.101, 13.107–19, 13.134, 13.139, 13.148–53, 13.162, 13.173, 13.230, 24.55
implementation of rules of competition 13.03, 13.08, 13.10–11
limitation periods for the imposition of penalties 13.214
no punishment without proper law 26.21
Greece, maritime transport fares 13.159
green card system 9.11
grounds of judgment, obligation to state 24.97–9
guarantees
and aid prohibition 10.104
equivalent 18.21–5
respect for private and family life, interference justification 19.53
vertical agreements 4.302, 4.303
gun jumping 14.128
GUPPI (gross upward pricing pressure index) test 14.53
hardcore criminal law and other criminal charges, distinction between 24.22
hardcore restrictions removing benefit of block exemption 16.09
health
hospital building investment 10.68
insurance scheme 4.49
patient transport services 9.24
public ambulance service 9.43
public health protection and dominance abuse 5.140
services and medical care provision, Ireland 9.35
specialist medical services 4.44, 4.171
heard, right to be see right to be heard
hearings of the parties see Regulation 1/2003, implementation of rules of competition, hearings of parties, complainants and others (Article 27)
high-quality products, vertical agreements 4.288–9, 4.291
high-technology products 4.80, 5.27
see also technology
hold-up problem, appraisal of concentrations 14.75
home, respect for 19.01–8
home-delivery services 5.41
horizontal agreements
cartel prohibition see TFEU, Article 101 and cartel prohibition, horizontal agreements
mergers see Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), horizontal mergers
see also vertical agreements
see also gambling; sports
human rights see ECHR headings
illegal practices, prices derived from 13.146–7
immunity, fine immunity or reduction 13.24
see also fines
impartiality see fair trial
implementation of rules of competition see Regulation 1/2003, implementation of rules of competition
imputability
aid prohibition 10.12–16
infringement on parent company/companies and conduct of subsidiaries 13.181–8, 13.195, 13.204–6
income, obligation to provide information concerning origin of certain 25.38
incorrect or misleading information 13.66–7, 14.173–5
see also information
independent and impartial tribunal see ECHR, right to a fair trial (Article 6), independent and impartial tribunal
independent lawyer, position and status 13.51
independent leasing companies 4.83
individual exemption, competition restriction 5.154
individual legal entity comprising undertaking 4.58
individual liability principle 13.157
individual rights, preservation of and aid notification 11.84
individualised targets, rebate schemes 5.80, 5.81
inferences, evidence supplemented by 13.05
information
confidentiality 13.233, 13.239, 14.181, 14.189
disclosure effect 4.99, 4.106, 4.108, 4.110, 4.112–13, 24.93
exchange 4.100, 4.260–68, 13.33
incorrect or misleading 13.66–7, 14.173–5
obligation to give name of driver of registered vehicle 25.39
obligation to provide information concerning origin of certain income 25.38
order to submit information or documents 25.36–43
professional secrecy 13.232–5, 13.237, 13.239, 14.180–81
public authority and data storage and access 4.52
requests see Regulation 1/2003, implementation of rules of competition, information requests (Article 18)
requests, control of concentrations between undertakings 14.171–2
requests, relevance of market tests 14.172
see also documentation
‘infringements by object’ and ‘infringements by effect’, distinction between 4.146, 4.175
initiation of proceedings see Regulation 139/2004, control of concentrations between undertakings, examination of notification and initiation of proceedings (Article 7)
innocence, presumption of see presumption of innocence
input market, and dominance abuse 5.15–17
insolvency or liquidation of credit institution 10.29
inspection, annulment of inspection decision, ECHR, right to a fair trial (Article 6), effective remedy (Article 13) 24.65
inspection powers see Regulation 1/2003, implementation of rules of competition, inspection powers (Article 20)
inspectors, functions performed by 24.68
insufficiency, right to a fair trial, full jurisdiction 24.46–50
insurance
agencies’ rules 2.13
and cartel prohibition 4.11–12
companies 14.127
contracts and car repairs 4.151
industry supervision 4.133
scheme as economic activity 4.46
transport liability 14.31
intellectual property rights
copyright see copyright
and dominance abuse 5.95, 5.97–112, 5.148
exclusive licence agreement and broadcaster 4.308
Germany 9.33
patent rights 5.97, 5.107, 5.111, 5.112, 5.132
and public undertakings 9.32–3
see also property rights
inter-trade agreements, TFEU, Article 107, aid prohibition 10.16
interest, savings deposits and maximum rates 2.09
interested parties, notification of aid 11.39–51
interference justification see ECHR, respect for private and family life (Article 8), interference justification
interim measures, Regulation 1/2003 13.26–8
International Covenant, right of silence 13.44
international law sources 18.13–14
international movement of capital 4.11
international removal services 4.121, 4.197–8
internet
cosmetics sales ban 4.305
de facto prohibition on sales via internet in selective distribution agreements 15.06–12
see also technology
interpretation
methods 18.02–14
rights and principle see Charter, scope and interpretation of rights and principle (Article 52)
interrelated transactions see Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), interrelated transactions
interrupted infringement 4.120
interruption of limitation periods for the imposition of penalties 13.215–16
intra-community trade 4.284, 13.106
investigation by authorisation or ordered by decision, choice between 13.58
investment
capital investment as entry barrier 5.34
hospital building investment 10.68
public sector investment funds 10.12
see also economic activity
Ireland
health services and medical care provision 9.35
television programmes and weekly programme information 5.20
irreparable damage threat 13.27–8
IT services 14.155
see also technology
Italy
certification services for public works contracts 4.54
energy transport network 5.96
motor vehicle manufacturer and supply quotas 4.273
national quota system 4.130
jet engines 14.78
see also transport
joint control see control
joint and several liability 13.189–93, 26.27
joint and several liability for infringement, EEA Agreement 13.190
joint ventures 4.59, 4.234, 14.121–5
judicial protection principle, effective 13.244, 13.246, 24.72, 24.129
judicial review
aid prohibition 10.23, 10.86, 10.139
cartel prohibition 13.245
dominance abuse 13.245
legality review 13.243–6
prior judicial authorisation, importance of 19.37–8
public undertakings 9.52
Regulation 1/2003 see Regulation 1/2003, implementation of rules of competition, judicial review (Article 31)
Regulation 1/2003, implementation of rules of competition, fines (Article 23) 13.86
Regulation 139/2004, control of concentrations between undertakings 14.178–9
and respect for private and family life, interference justification 19.53, 19.55
judicial searches see under ECHR, respect for private and family life (Article 8), interference justification, disproportionate national systems
judicial warrants, Regulation 1/2003, implementation of rules of competition, inspection powers 13.49
land sales 10.107–13
see also geographic market
language, constraints associated with use of 24.110
lawfulness principle 13.238
lawyers
fair trial, right to see ECHR, right to a fair trial (Article 6)
lawyer-client confidentiality 1.55
legal aid see ECHR, right to a fair trial (Article 6), legal aid
legal professional privilege 8.02, 13.51–7, 13.142, 19.55, 19.56–9
position and status as independent 13.51
right of access to 24.119–25
written communication between lawyer and client 19.56, 19.57–9
leasing companies 4.83
legal aid see ECHR, right to a fair trial (Article 6), legal aid
legal certainty principle 11.119, 13.211–13, 23.03, 24.111, 25.17
legal and economic continuity 13.194–203
legal framework, fines 13.71–5
legal professional privilege 8.02, 13.51–7, 13.142, 19.55, 19.56–9
see also lawyers
legal representation right 19.53, 19.56, 19.59
legal standard 24.43–5, 24.62, 24.108–9
legality of Commission decision 24.33
legality principle 26.01–7
legality review
judicial review 13.243–6
right to a fair trial 24.36, 24.72
TFEU, Article 263 13.244–6, 19.53, 24.36, 24.55, 24.65
leisure equipment 4.238, 10.67
see also sports
leniency
fines 13.131, 13.135, 13.171–4
grounds, Regulation 1/2003 13.14, 13.24, 13.45
judicial review 13.244
rebate 22.03
retroactivity of more lenient sanction 26.11, 26.12
leveraging, non-horizontal markets 14.66
liability, Regulation 1/2003 and fines 13.178–206
lignite deposits 9.10
limitation defence/duration 13.10–11
limitation periods for imposition of penalties see Regulation 1/2003, implementation of rules of competition, limitation periods for the imposition of penalties (Article 25)
limited review, Regulation 139/2004, referral to competent authorities of Member States 14.164
liquid gas distribution 14.49
liquidation of an undertaking 13.176
livestock insemination centres 9.16
see also agriculture policy
living standards, standard of living and employment levels 10.127
loans and interest rates 10.103
lysine market 13.93
see also food and drink sector
mail distribution 4.13, 9.09, 9.38, 9.44, 9.49, 14.26, 14.69
manufacturer’s guarantee restrictions 4.302
margin of appreciation, aid prohibition 10.85–8
margin of discretion 13.77, 13.243
see also discretionary powers
margin squeeze, dominance abuse 5.113–15
maritime import and export operations 5.58
see also exports
maritime transport fares 13.159
see also transport
markets
agricultural products see Regulation 1308/2013, common organisation of markets in agricultural products
bundling, horizontal mergers 14.66
cartel prohibition, exemptions 4.224
conduct and relationship of cause and effect 4.101–13
contestable 5.147
definition 5.13–26
differentiated 5.18–20
economy investor principle 10.22–39
entry delay of generic undertakings 4.155
entry and potential competition 4.37
exclusion agreements 4.155
foreclosure 5.147
geographic market, relevant 5.22–5
high market share, horizontal mergers 14.31–6
input market 5.15–17
interpenetration of national 4.28
power and dominance abuse 5.29–48
products belonging to different 5.18
relevant see Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), relevant market
share 14.33–6
share and market power 5.29–33
share threshold 15.03
share and turnover 13.93, 13.95–6, 13.98, 13.103–4, 13.138, 13.140, 13.159–60
shares and competitors, relationship between 5.08–11
sharing negotiations and joint intentions 4.73–7
sharing of 4.253–7
sharing or price-fixing agreements 13.108, 13.110–11
tests 14.172
transparency 14.56
maverick competitive force 14.45–8
maximum aggregate amount, fines 13.63
media
broadcasting see broadcasting
newspaper distribution 4.290, 4.295, 5.95
players and abusive bundling 5.87
meetings
between minority shareholder and management insufficient to create control 14.117
extraordinary general meetings insufficient to create control 14.119
lack of stable majority at 14.86
participation in a meeting with anti-competitive character 25.21
shareholder attendance rates 14.85
see also shareholders
Member States
acquisition of control by 14.109–10
action defence 5.149
aid notification, requirement to notify and standstill obligation 11.60–61, 11.87
aid prohibition, effect on trade between 10.58–70
aid prohibition, no effect on trade between 10.69–70
competences versus Commission 14.193–5
dominance abuse, effect on trade between 5.150–51
dominance abuse and trade limitations between 5.129–31
human rights obligation 18.12
intervention and exclusive rights 5.35–40
mergers and competent authority referral see Regulation 139/2004, control of concentrations between undertakings, referral to competent authorities of Member States
power of competition authorities 13.23–4
responsibility when deferring powers to EU 18.17–25
tariff fixing 10.124
see also national legislation; State aid; trade
mergers
banking 14.47
conglomerate 14.64–9
countervailing buyer power 14.61
efficiency defence of 14.74–8
horizontal see Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), horizontal mergers
rescue 14.70–71
vertical agreements 14.62–3
minimum retail prices 10.123
see also pricing
ministerial orders 2.08–9
minor offences, prosecution and punishment of 24.70
mitigating circumstances 13.80, 13.123–37
mobile telephony 9.54, 14.45, 14.149
see also telecommunications
motivation inspection decision 13.59–60
motor vehicles see vehicles
museums, local museum projects 10.70
music
appliances for cleaning gramophone records 4.166
composers’ copyright 5.102, 5.120
digital music services 14.54
sound recordings 5.99
television broadcasting of musical works 5.120
national courts
cooperation with 13.34–5
role 11.83–90
see also courts
national insurance bureaux and green card system 9.11
national legislation
administrations, activity of assisting 4.51
cartel prohibition 4.51, 4.133, 4.136, 4.140
competition laws 13.21–2, 14.192, 17.17
disproportionate national systems see ECHR, respect for private and family life (Article 8), interference justification, disproportionate national systems
procedural autonomy 8.02
quota system 4.130
respect for private and family life, interference justification 19.19–21, 19.25, 19.27–8, 19.39–53, 19.55, 19.57
restrictions 2.02–5
and TFEU Article 101 see TFEU, Article 101 and cartel prohibition, national law relationship
see also Member States; State aid; trade
national preferences 14.18–19
ne bis in idem principle 13.164–70, 13.190, 27.01–2, 27.05–7
Netherlands
cheese market cooperative 4.233
electricity distribution 5.50
insurance agencies’ rules 2.13
oil products and rebate scheme 5.74
postal services 9.49
professional body as regulatory body 4.65
standard of living and employment levels 10.127
TV broadcasting 14.198
Watts brand and restricted intra-Community trade 4.166
network effects 4.188, 14.55–61
new aid 11.01–3, 11.05–10, 11.12–15
new calculation method, fines 13.158
new entrants, bundle of similar contracts and new entrant issues 4.161
new product markets 4.222, 5.21, 5.106, 5.108, 5.110, 14.14
newspaper distribution 4.290, 4.295, 5.95
see also media
no binding effect 18.15–16
non-competition clauses 4.269–71
non-contractual liability 14.79
non-disclosure obligation, professional secrecy 14.181
non-discrimination, equal treatment principle 10.19, 13.75, 13.81, 13.159–63, 24.55
non-horizontal mergers see Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), non-horizontal mergers
non-profit-making associations 4.50
non-retroactivity of criminal sanctions 26.09–10, 26.16
Nordic countries
mail delivery services 14.26
telecommunications mergers 14.49
notification incorrect and misleading 14.175
notification of statement of objections 23.04
notified transactions 14.102, 14.101–4
nullity of agreements
agricultural cooperative 17.16
and cartel prohibition 4.201–9, 15.05
vertical agreements in the motor vehicle sector 16.02–3
nullum crimen, nulla poena sine lege (no crime without law) principle 26.01, 26.09, 26.16, 26.18
oath, obligation to answer truthfully under 25.35
objections, statement of 23.04, 23.16–24
obligations
active cooperation 19.55
answer questions relating to stock rates 25.33
answer truthfully under oath 25.35
Commission’s obligation to address complaints parties 11.51
give name of driver of a registered vehicle 25.39
indicate one’s whereabouts at a given time 25.34
mention privilege against self-incrimination 25.46
provide information concerning the origin of certain income 25.38
respect human rights see ECHR, obligation to respect human rights (Article 1)
sincere cooperation 24.36
state the grounds of a judgment 24.97–9
offence, same offence, understanding of 27.06
oil products 5.74, 15.05, 15.14–18
order to submit information or documents 25.36–43
see also documents; information
packaging fees 5.123
packaging products 5.13, 14.22
parallel behaviour
concerted practice concept 4.101, 4.103
exports 5.143
imports 4.77, 4.219, 4.294, 4.307, 16.05
notifications 14.08–10
parent companies
decisive influence over subsidiary 13.180–81, 13.183–8
imputability of infringement on 13.181–8, 13.195, 13.204–6
joint ventures 4.59
liability 25.16–17
subsidiary’s failure to carry out parent company’s instructions 4.67
transfer from parent company to subsidiary 4.91–2, 4.94
particle board trade 14.20
patent rights 5.97, 5.107, 5.111, 5.112, 5.132
see also intellectual property rights
pay-for-delay, horizontal agreements 4.272
penalties
concept 26.08
degree of severity of ensuing 25.09–10
effectiveness 13.35
limitation period for enforcement of 13.218–20
limitation periods for imposition of see Regulation 1/2003, implementation of rules of competition, limitation periods for the imposition of penalties (Article 25)
precludes penalising more than once 13.167, 13.190
respect for private and family life, interference justification 19.57, 19.59
tax penalties and criminal penalties combined 27.05
compulsory membership of occupational pension fund 4.180
sectoral pension funds 4.43
supplementary pension benefits of medical specialists 4.171
personal liability principle 26.24–7
petroleum products 5.74, 15.05, 15.14–18
pharmaceutical products
company refusal to supply wholesalers involved in parallel exports, TFEU, Article 102, and abuse of dominance, abuse 5.143
cosmetics, internet sales ban 4.305
and dominance abuse 5.21
generic products, competition from 5.144
out of proportion to those previously sold 5.131
quinine price fixing 4.243
retail pharmacies and economic progress 4.222
photographic equipment dealers 4.294
pig meat market 10.76
see also agriculture policy
pipe sector, pre-insulated 13.159
plasterboard imports 5.76
plastics sector, TFEU, Article 102, and abuse of dominance, dominance 5.14
Poland, TEU, Article 6, Charter and ECHR 3.15
Portugal
airport charges 9.53
chartered accountant regulation 4.53
postal services 4.13, 9.09, 9.38, 9.44, 9.49, 14.26, 14.69
see also agricultural policy
pre-existing agreements 2.09
pre-notification referrals 14.128–9
pre-trial proceedings 24.66–8
predatory pricing 5.88–91
see also pricing
preferential rediscount rate for exports 10.116
preferential tariffs 10.21
preliminary examination, aid notification 11.75–7, 11.87
preliminary reference procedure 18.25
preparatory documents 13.54
see also documentation
preservation of individual rights 11.84
presumption of causal connection 4.111, 4.113
presumption of innocence
criminal charge 24.21
principle, vertical agreements 4.274
Regulation 1/2003, implementation of rules of competition 13.05, 13.233
and right to a fair trial, criminal charge 24.21
and rights of defence see ECHR, presumption of innocence and rights of defence (Article 6)
see also fair trial
pricing
alignment on those previously charged by a competitor 5.142
announcements as evidence of price concertation 4.107
below average variable cost or below average total cost 5.88
common price list adoption 4.247
differences 14.17
excessive 5.116–21
final price composition 4.100
fixed price agreements 4.71
fixing 4.105, 4.121, 4.144, 4.163, 4.243, 4.250, 13.108, 13.110–11, 13.153, 17.11
geographic price discrimination 5.127–31
loss recoupment possibility, no requirement to show 5.90–91
minimum retail prices 10.123
objectives 4.252
predatory 5.88–91
production costs and excessive pricing 5.117
resale price clauses 4.281, 15.04–5
retail selling prices 2.04–5
see also profits; tariffs
prior judicial authorisation, importance of 19.37–8
prior judicial search, respect for private and family life, interference justification 19.55
prior notification of concentrations and pre-notification referrals 14.128–9
privacy
respect for privacy of telephone calls 19.11
respect for private and family life see ECHR, respect for private and family life (Article 8)
private investor
behaviour in comparable circumstances 10.28–9
of comparable size to public body 10.20
test 10.22, 10.23–5, 10.28, 10.29
TFEU, Article 108, notification of aid, formal investigation procedure 11.31
privatisation by tendering 10.114
privilege against self-incrimination and right to remain silent 25.25–45
privileged correspondence between lawyer and client 13.53–4
see also documentation
probative data 4.112, 13.13–14
see also documentation
procedure protection confidentiality 13.55–6
product differentiation 5.48, 14.40–44
production capacity increase 10.128
production costs 5.117, 13.100
production and distribution improvement 4.218–27
products belonging to different markets 5.18
products related to those covered by an agreement or practice 4.196
professional body acting as association of undertakings 4.64
professional body as regulatory body 4.65
professional secrecy 13.232–5, 13.237, 13.239, 14.180–81
profits
derived from illegal practices 13.146–7
rebates on retailers’ profit margins 4.169
see also pricing
prohibited measures, public undertakings 9.11–25
prohibition of sales between authorized dealers 4.301
proof
agreement between undertakings 4.84
evidence assessment and standard of 4.113, 4.116
Regulation 139/204, TFEU, Article 102, and abuse of dominance 14.154
proof, burden
aid notification of aid, formal investigation procedure 11.30
cartel prohibition 4.216, 4.226
presumption of innocence and rights of defence 25.04–7, 25.11, 25.15
Regulation 1/2003 13.01–11, 13.13, 13.181, 13.213–14
property rights 21.1
see also intellectual property rights
proportionality principle
cartel prohibition, exemptions 4.232–6
and interference 29.02
and legality see ECHR, no punishment without proper law (Article 7)
price fixing 17.11
public undertakings 9.36–45
Regulation 1/2003, implementation of rules of competition 13.30, 13.58, 13.75, 13.86, 13.97, 13.101, 13.121, 13.146–58, 13.161
respect for private and family life see ECHR, respect for private and family life (Article 8), interference justification, proportionate national systems
restorative measures 14.156
test 19.35–6
prosecution, ‘reasonable time’ from arrest to prosecution, ECHR, right to a fair trial (Article 6), criminal charge 24.25
prosecution and punishment of minor offences, ECHR, right to a fair trial (Article 6), fair trial 24.70
protection, Charter, level of protection (Article 53) 30.01
protection of business premises 19.12–13
see also business
protection of written communications principle 13.53
see also documentation
public authorities
cartel prohibition 4.52
data storage and access 4.52
employment procurement activities 4.39, 9.13
market economy investor principle 10.22–39
share capital owned by 10.26
public health see health
public hearing, right to 24.118
public interest protection 13.52
public law, trade association governed by 10.17–18
public sector investment funds 10.12
public service obligations 10.34–5
public undertakings
TFEU, Article 106 see TFEU, Article 106, public undertakings
TFEU, Article 107, aid prohibition 10.13–14, 10.30
public works, certification services for 4.54
publication of decisions see Regulation 1/2003, implementation of rules of competition, publication of decisions (Article 30)
publishers, book sales 2.03, 4.10, 14.166
punished twice, right not to be tried or punished twice for same criminal offence see ECHR, right not be tried or punished twice for same criminal offence (Article 4 Protocol 7)
punishment
minor offences 24.70
no punishment without proper law see ECHR, no punishment without proper law (Article 7)
objectives, right to a fair trial, criminal charge 24.19, 24.21–2
purchasing
cooperative purchasing association 4.179
exclusive purchasing 5.71–2
goods, economic activity issues 4.48
Share Purchase Agreement 14.105
PVC market 4.250
quality of control 14.100–3
quantity discounts 5.73, 5.79, 5.82
quinine price fixing 4.243
see also pharmaceutical products
quota agreements 4.130, 4.273, 13.108
radio equipment, type approval requirements 9.17
see also broadcasting
raw materials market 5.15, 5.92, 11.43, 13.100, 14.61, 17.10
reasonable grounds, inspection powers 13.48
reasonable period
right to a fair trial see ECHR, right to a fair trial (Article 6), reasonable period
right to good administration 23.01–9
reasonable suspicion requirement 19.54
reasonable time from arrest to prosecution 24.25
reasons, statement of, respect for private and family life, interference justification 19.55
rebate schemes see TFEU, Article 102, and abuse of dominance, abuse, rebate schemes
rebates on retailers’ profit margins 4.169
reciprocity clause, right to a fair trial 24.50
recovery of aid see TFEU, Article 108, notification of aid, recovery of aid
reference period calculation, rebate schemes 5.75
referral to competent authorities see Regulation 139/2004, control of concentrations between undertakings, referral to competent authorities of the Member States (Article 9)
refusal to supply see TFEU, Article 102, and abuse of dominance, abuse, refusal to supply
regional selectivity, aid prohibition 10.40
Regulation 1/2003, implementation of rules of competition 13.01–252
annulment of decision 13.04
Article 101 and time of entry into force of Treaty 4.27
bank guarantees 13.220
burden and standard of proof (Article 2) 13.01–11, 13.181
commitments (Article 9) 13.29–30
competition rules and State aid 10.81
cooperation (Article 11) 13.31–2
de minimis notice thresholds 13.21
designation of competition authorities of Member States (Article 35) 13.252
dispute concerning existence of infringement 13.11
economic unit and infringement of competition law 4.58
evidence, nature of 13.12–15
evidence, nature of, probative value of statements 13.13–14
evidence sufficient to demonstrate existence of infringement 13.04
evidence supplemented by inferences 13.05
fine immunity or reduction 13.24
fundamental rights, respect for 13.12
information exchange (Article 12) 13.33
infringement duration 13.03, 13.08
infringement, finding and terminating (Article 7) 13.25
insurance industry 4.12
interim measures (Article 8) 13.26–8
irreparable damage threat 13.27–8
leniency grounds 13.14, 13.24, 13.45
limitation defence/duration 13.10–11
limitation period for the enforcement of penalties (Article 26) 13.218–20
Member States, power of competition authorities (Article 5) 13.23–4
national competition laws (Article 3) 13.21–2
national courts, cooperation with (Article 15) 13.34–5
presumption of innocence 13.05, 13.233
prima facie case 13.26
professional secrecy (Article 28) 13.232–3
proportionality principle 13.30
single and continuous or repeated infringement 13.17–20
single and continuous or repeated infringement, continuous versus repeated infringement 13.19–20
tacit approval rules 13.08
transitional provisions (Article 34) 13.251
undertaking publicly distancing itself from agreement or concerted practice 13.06–9
uniform application of Community competition law (Article 16) 13.36–7
validity period of commitment decisions 13.29
Regulation 1/2003, implementation of rules of competition, fines (Article 23) 13.62–206, 24.36
ability to pay 13.175–7, 24.110, 26.27
aggravating circumstances 13.138–45
and annulment decisions 13.169
assessment conduct undertaking in relation to gravity infringement 13.148–53
assessment factors 13.82–122
associations of undertakings, calculation turnover 13.177
breaking a seal 13.67
chemical sector 13.184
classification of undertakings by category 13.161–2
commission income 13.194
compliance programmes 13.124
consequences of infringement 13.116–19
decisive influence by parent over subsidiary 13.180–81, 13.183–8
deterrence effect 13.120–22, 13.162
discretionary powers 13.81, 13.151–2
equal treatment or non-discrimination principle 13.75, 13.81
equality of treatment 13.159–63
exchange rates and turnover 13.92
fixing amount 13.68–176
‘follow-my-leader’ role in infringement 13.128, 13.136
geographic market size 13.105–6
gravity and duration of infringement 13.75, 13.82–5, 13.96, 13.98, 13.101, 13.107–19, 13.134, 13.139, 13.148–53, 13.162, 13.173, 13.230
guidelines on method of setting 13.76–81
imputability of infringement on parent company/companies and conduct of subsidiaries 13.181–8, 13.195, 13.204–6
incorrect or misleading information 13.66–7
individual liability principle 13.157
joint and several liability 13.189–93
judicial review 13.86
legal and economic continuity 13.197–203
legal and economic links 13.194–6
legal framework 13.71–5
legal professional privilege 13.142
leniency grounds 13.131, 13.135, 13.171–4
liability 13.178–206
liquidation of an undertaking 13.176
lysine market and turnover 13.93
margin of discretion 13.77
maritime transport fares 13.159
market share and turnover 13.93, 13.95–6, 13.98, 13.103–4, 13.138, 13.140, 13.159–60
market-sharing or price-fixing agreements 13.108, 13.110–11
maximum aggregate amount 13.63
mitigating circumstances 13.80, 13.123–37
ne bis in idem principle (dual procedures) 13.164–70, 13.190
ne bis in idem principle (dual procedures), Member State prior to accession to EU 13.170
ne bis in idem principle (dual procedures), and turnover of Members 13.168
new calculation method 13.158
number of undertakings committing infringement 13.82–3, 13.154–5
pre-insulated pipe sector 13.159
price-fixing and customer-sharing 13.153
prices derived from illegal practices 13.146–7
production cost exclusions 13.100
proportionality principle 13.75, 13.86, 13.97, 13.101, 13.121, 13.146–58, 13.161
quota agreements 13.108
relation fine undertakings involved in the same infringement 13.154–7
repeat infringements 13.85–7, 13.144
representation in administrative procedure 13.204–5
respect for the rights of the defence 13.87
size differences between undertakings 13.159
small- or medium-sized undertakings 13.99, 13.154
sugar market 13.197
transparency of decisions 13.174
turnover of undertaking 13.88–102
vertical relation 13.206
Regulation 1/2003, implementation of rules of competition, hearings of parties, complainants and others (Article 27) 13.222–31
annulment of contested decision 13.226, 13.231
breach of the rights of the defence complaint 13.223–4
right to be heard 13.226, 13.228, 13.232
statement of objections 13.221–5, 13.227–8, 13.231
third-party observations 13.226, 13.229
Regulation 1/2003, implementation of rules of competition, information requests (Article 18) 13.38–45
Commission powers 13.39–41
obligation to cooperate 13.44–5
purpose of request, stating 13.43
request by decision 13.42–3
right of silence 13.44–5
specification and time limits 13.43
Regulation 1/2003, implementation of rules of competition, inspection powers (Article 20) 13.46–61, 24.65
confidentiality of written communications 13.51–2, 13.56
documents other than privileged correspondence between lawyer and client 13.53–4
freedom of establishment and freedom to provide services 13.51
granting assistance to Commission officials 13.61
investigation by authorisation or ordered by decision, choice between 13.58
judicial warrants 13.49
legal professional privilege 13.51–7, 19.55, 19.57, 19.59
legal professional privilege, limitation for in-house lawyers 13.57
motivation inspection decision 13.59–60
position and status as independent lawyer 13.51
preparatory documents 13.54
principle of protection of written communications 13.53
procedure protection confidentiality 13.55–6
proportionality principle 13.58
public interest protection 13.52
reasonable grounds 13.48
rights of the defence 13.47, 13.51
sealed envelope procedure 13.56
searches of premises 13.48, 13.50
Regulation 1/2003, implementation of rules of competition, judicial review (Article 31) 13.240–50, 24.72
economic assessments 13.243
effective judicial protection principle 13.244, 13.246
legality review 13.243–6
leniency grounds 13.244
margin of discretion 13.243
unlimited jurisdiction 13.241–2, 13.244–8
unlimited jurisdiction on appeal 13.249–50
Regulation 1/2003, implementation of rules of competition, limitation periods for the imposition of penalties (Article 25) 13.207–17
applicable periods 13.207–10
burden of proof, single and continuous infringement 13.213–14
continuing or repeated infringements 13.216
court proceedings pending 13.217
gravity and duration of infringement 13.214
information requests 13.215
interruption of 13.215–16
legal certainty principle 13.211–13
repeated infringements 13.208, 13.210
Regulation 1/2003, implementation of rules of competition, publication of decisions (Article 30) 13.234–9
appropriateness of amounts of fines 13.236
and business secrets 13.234–5, 13.237, 13.239
citizens’ right of access to documents 13.238
principle of lawfulness 13.238
and professional secrecy 13.234–5, 13.237
Regulation 45/2001, business secrets 13.237
Regulation 139/2004, control of concentrations between undertakings 14.01–200
air transport, in-flight magazine 14.173
Commission competence in case of amendment of proposed concentration 14.02
educational material sales 14.166
extraterritorial application 14.01
information requests (Article 11) 14.171–2
information requests (Article 11), relevance of market tests 14.172
IT services 14.155
judicial review (Article 16) 14.178–9
mobile telephony 14.149
prior notification of concentrations and pre-notification referrals (Article 4) 14.128–9
prior notification of concentrations and pre-notification referrals (Article 4), good faith intention 14.129
prior notification of concentrations and pre-notification referrals (Article 4), suspensive effect and gun jumping 14.128
professional secrecy (Article 17) 14.180–81
professional secrecy (Article 17), incidentally gained information 14.180
professional secrecy (Article 17), non-disclosure obligation 14.181
referral to Commission (Article 22) 14.196–7
referral to Commission (Article 22), influence of trade between States 14.197–8
suspension of concentrations (Article 7) 14.148–52
suspension of concentrations (Article 7), derogation 14.149–52
third country relations (Article 24) 14.200
time limits for initiating proceedings and for decisions (Article 10) 14.169–70
time limits for initiating proceedings and for decisions (Article 10), exceptional circumstances for suspension 14.170
TV broadcasting 14.128, 14.198
‘undertakings concerned’, notion of 14.03
Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2) 14.04–81
annulment of decision, Commission liability 14.79–81
bidding markets (tenders) 14.37–40
carton market 14.67
collective dominance theory 14.06
compatibility of concentrations with the common market 14.06
coordinated effects assessment 14.78
counterfactual in case of change from joint to sole control 14.11–13
crisp bread trade 14.41
digital map databases 14.10, 14.63
double mark-up elimination 14.75
efficiency defence of mergers 14.74–8
elimination of strong competitive force (‘maverick’) 14.45–8
failing firm defence 14.70–73
first notification prevails over second notification 14.09–10
hold-up problem 14.75
incorrect substantive assessment 14.81
jet engines 14.78
liability in case of breach of an undertaking’s right of defence 14.80
liner shipping services 14.12
mobile telephony services 14.45
new product markets 14.14
non-contractual liability 14.79
parallel notifications 14.08–10
parties’ products are close substitutes 14.41
price differences 14.17
prohibition decision 14.05
prospective analysis 14.04–5
rescue merger 14.70–71
sealed-bid first price auction 14.40
simultaneous analysis 14.08
standard of proof 14.04–7
telecommunications networks 14.49, 14.53
Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), horizontal mergers 14.29–61
agricultural potash market 14.52
alpine skis and alpine bindings 14.42
ARPU (average revenue per unit) calculation 14.53
chocolate brands 14.44
closeness of competition 14.37–44
closeness of substitution 14.39
coffee espresso machines 14.43
collective dominance conditions 14.56, 14.81
collective dominance, conditions may be established indirectly 14.57
collective dominance as result of participation in a competitor 14.58
communications apps 14.55
coordinated effects 14.56–58
copper shapes market 14.58
countervailing buyer power 14.61
cruise ship market 14.32, 14.51
effects on consumers and cultural diversity 14.54
elimination of maverick in mergers from four to three players 14.47
elimination of a potential competitor 14.49–52
extending scope of ‘important competitive force’ 14.48
GUPPI (gross upward pricing pressure index) test 14.53
high market share 14.31–6
high market share and dependence on one customer 14.31
high market share neutralised by immature market without significant expansion barriers 14.32
liquid gas distribution 14.49
market share of 50 per cent + 14.33
market share of 70–80 per cent, combined 14.34
market share (high) not indicative of market power in case of short innovation cycles and free products 14.36
market share relevance 14.35
market transparency 14.56
network effects 14.55–61
oceanic cruises 14.32
parties are close competitors 14.44
parties’ products are differentiated 14.43
product differentiation 14.40–44
product differentiation used to rebut high market shares 14.42
recorded music markets 14.54
retaliation mechanisms 14.56
tacit coordination 14.59–60
transport liability insurance 14.31
Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), non-horizontal mergers 14.62–9
bundling, leverage a strong position from one market to another 14.66
conglomerate mergers 14.64–9
coordinated effects as result of vertical merger 14.63
foreclosure 14.62
mail preparation services 14.69
relation assessment of conglomerate mergers and Art. 102 TFEU 14.67–9
vertical mergers 14.62–3
Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), relevant market 14.14–28
chain of substitution 14.27–8
copper rod suppliers 14.28
copper scrap trade 14.16, 14.21
float glass trade 14.27
mail delivery services 14.26
motor vehicle parts 14.23, 14.61
national preferences 14.18–19
packaging products 14.22
particle board trade 14.20
potash imports 14.15
regulatory differences 14.24–6
sugar industry and beet quota reduction 14.25
toy market 14.19
trade patterns 14.15–16
transportation costs and distances 14.20–23
TV broadcasting market 14.18
Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3) 14.82–127
acquisition of control by the State 14.109–10
credit institutions, financial institutions or insurance companies 14.127
joint control 14.95–8
joint control, acquisition of indirect 14.98
joint venture creation 14.121–6
joint venture creation, full function 14.122–6
joint venture creation, not full function 14.121
lasting structural change, minimum time period 14.120
‘undertakings concerned’ in case of acquisition of control by state-owned enterprises (SOE) 14.111–12
‘undertakings concerned’ in case of acquisition of control by state-owned enterprises (SOE), independent power of decision from State 14.111
‘undertakings concerned’ in case of acquisition of control by state-owned enterprises (SOE), power to coordinate commercial conduct 14.112
Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), de facto control 14.82–7, 14.137
intent to acquire control by a shareholder 14.87
lack of stable majority at meetings 14.86
passive acquisition 14.85
shareholder attendance rates 14.85
voting rights 14.82
without de jure control 14.83
Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), interrelated transactions 14.99–108
changes in quality of control 14.100–3
economic aim pursued by the parties 14.104
joint control acquisition 14.105–7
notified transactions 14.102, 14.101–4
Share Purchase Agreement 14.105
treatment of several transactions as single concentration 14.108
unitary nature of transactions 14.104
Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), no control/concentration 14.113–19
call option insufficient to create control 14.113
meetings between minority shareholder and management insufficient to create control 14.117
no acquisition of control in case of minority shareholdings 14.116
request for extraordinary general meetings insufficient to create control 14.119
veto rights over issuance of fresh equity and substantial acquisitions insufficient to create control 14.114
voting against shareholders’ resolutions insufficient to create control 14.118
voting in concert 14.115
Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), sole control 14.88–94
acquisition of brand (rights) 14.89
contractual veto rights 14.91
negative 14.92–4
special rights for minority shareholder 14.90
Regulation 139/2004, control of concentrations between undertakings, examination of notification and initiation of proceedings (Article 7) 14.139–47
acceptance of other commitments than divestitures 14.143
commitments 14.141–7
commitments involving pre-existing contractual rights of a third party 14.145
divestitures beyond geographical markets 14.147
elimination of competition concerns 14.142
entry barriers reduction 14.143
‘fix-it-first’ commitment 14.141–2, 14.147
investigation by Commission 14.139–40
‘up-front buyer’ commitment 14.141
Regulation 139/2004, control of concentrations between undertakings, fines (Article 14) 14.173–7
absence of intention 14.175
failure to notify a concentration 14.176–7
failure to provide information within period fixed by Commission decision 14.174
notification was incorrect and misleading 14.175
providing incorrect or misleading information 14.173–5
relation between failure to notify and implementation prior to clearance 14.177
Regulation 139/2004, control of concentrations between undertakings, hearing of the parties and of third persons (Article 18) 14.182–9
access to files 14.189
right to be heard 14.187–8
right to be heard, after concentration has been notified to Commission 14.188
right to be heard, ‘sufficient interest’ in case of consumer protection associations 14.187
Regulation 139/2004, control of concentrations between undertakings, hearing of the parties and of third persons (Article 18), statement of objections 14.182–6
arguments put forward by parties after 14.185
competition problems not mentioned in 14.186
delimits scope of administrative procedure 14.184
functions and requirement 14.183
must be sufficiently clear 14.182
procedures for reviewing concentrations 14.183
Regulation 139/2004, control of concentrations between undertakings, powers of Commission decision (Article 8) 14.153–60
ancillary restraints assessment 14.155
restorative measures 14.156–60
restorative measures, adoption of divestiture decision 14.157
restorative measures, implementation, meaning of 14.160
restorative measures, implementation and relevant point in time 14.158
restorative measures, proportionality principle 14.156
TFEU Article 102 versus remedies 14.154
unnecessary or insufficient commitments 14.153
Regulation 139/2004, control of concentrations between undertakings, referral to competent authorities of the Member States (Article 9) 14.161–7
appeal by third party possible 14.161
Commission decision regarding request for referral 14.163–8
comprehensive review 14.162
explicit rejection of referral request 14.168
limited review 14.164
non-referral decision by Commission may not be contested by third parties 14.167
significant effect within a Member State 14.162
transfer of exclusive competence 14.165
Regulation 139/2004, control of concentrations between undertakings, regulation and jurisdiction application (Article 21) 14.190–95
Commission versus Member States competences 14.193–5
exclusive competence for Commission 14.190–91
merger control without prejudice to separate assessment under State aid rules 14.191
national competition law applicability 14.192
no competence of Commission for decision after abandonment of merger 14.194
transformation into infringement procedure 14.195
Regulation 139/2004, control of concentrations between undertakings, turnover calculation (Article 5) 14.130–38
air transport 14.131
attribution of turnover 14.136–8
consecutive acquisitions 14.132–5
‘de facto control/economic dependence’ arguments 14.137
franchises 14.136–7
geographic allocation 14.130–31
global assessment 14.133
notified concentration does not meet turnover thresholds 14.132, 14.135
Regulation 169/2009, inland transport services 4.225
Regulation 267/2010, insurance industry 4.12
Regulation 330/2010, vertical agreements 15.01–20
beer supply agreements 4.206
exclusive supply contract and block exemption 15.15
exemption (Article 2) 15.02
market share threshold (Article 3) 15.03
motor vehicle sector 15.01, 15.08–10
non-complete and exclusivity clauses for petroleum products 15.14–18
overview 15.13–18
resale price clauses 4.281, 15.04–5
secondary markets definition 15.03
specified criteria 15.01
transitional period (Article 9) 15.19–20
Regulation 330/2010, vertical agreements, restrictions removing benefit of block exemption (Article 4) 15.04–12
de facto prohibition on sales via internet in selective distribution agreements 15.06–12
integrity of selective distribution system 15.07
resale price clauses 15.04
resale price clauses in vertical agreements for petroleum products 15.05
territorial restrictions 15.08–12
unauthorised distributors definition 15.07
Regulation 461/2010, vertical agreements in the motor vehicle sector 16.01–9
contractual relations between suppliers and their approved distributors 16.05
distribution system protection 15.10–11
exemption (Article 4) 16.02–8
freedom of contract 16.04
hardcore restrictions removing benefit of block exemption (Article 5) 16.09
mandatory provisions directly affecting validity of clauses of a contract 16.08
nullity of agreement 16.02–3
provision of economic agents 16.03
selective distribution system, imperviousness of 16.06
specified criteria 16.01
Regulation 659/1999
existing aid 11.10
new aid 11.14
notification of aid 11.35–7, 11.46, 11.52, 11.93–4, 11.105–6
Regulation 773/2004, professional secrecy 13.239
Regulation 802/2004, request to be heard 14.188
Regulation 1017/68, inland transport services 4.225
Regulation 1049/2001, information confidentiality 13.233, 13.239, 14.181, 14.189
Regulation 1184/2006, common agricultural policy 17.01, 17.04, 17.11, 17.14–17
Regulation 1234/2007, common agricultural policy 17.04
Regulation 1308/2013, common organisation of markets in agricultural products 17.01–17
conditions for admission of dealers 17.05
division of competence in Regulation 1184/2006 17.14–17
exclusive supply obligation 17.08
farmers and farmers’ associations (Article 209) 17.03, 17.05–17
individual earnings in the agricultural sector, jeopardizing 17.10
national competition authorities 17.17
price fixing and proportionality principle 17.11
resignation clauses 17.08
restrictive practices 17.12
scope of articles 206 and 20917.03
Regulation 1534/91, insurance industry 4.12
Regulation 1768/92, patents and lack of transparency 5.132
Regulation 2759/75, pig meat market 10.76
Regulation 2842/98
infringement, finding and terminating 13.25
professional secrecy 13.239
Regulation 2988/74, legal certainty principle and limitation period 13.211–12, 13.215
relevant market
appraisal of concentrations see Regulation 139/2004, control of concentrations between undertakings, appraisal of concentrations (Article 2), relevant market
share definition 4.197–8
relevant period, right to a fair trial 24.104–7
remandment, impartiality following 24.40–42
remedies
effective, and, legal aid 24.129
right to a fair trial see ECHR, right to a fair trial (Article 6), effective remedy (Article 13)
versus TFEU Article 102 14.154
renewal application, cartel prohibition, exemptions 4.241
repeat infringements 13.17–20, 13.213–14, 13.216
limitation periods for the imposition of penalties 13.208, 13.210, 13.216
representation in administrative procedure 13.204–5
request to be heard, Regulation 802/2004 14.188
res judicata principle 11.88, 27.06, 27.08
resale price clauses 4.281, 15.04–5
see also pricing
rescue mergers 14.70–71
see also mergers
resignation clauses, common organisation of markets in agricultural products 17.08
respect for private and family life see ECHR, respect for private and family life (Article 8)
respect for the rights of the defence 9.49, 13.87
restorative measures 14.156–60
restraints, ancillary restraints assessment 14.155
restrictions
access rights to courts or tribunals 24.60–61
agreement between traders within common market and competitors in third countries 4.187
common organisation of markets in agricultural products 17.12
effect on trade between Member States 4.192
inherent to an object of economic interest 4.179–82
manufacturer’s guarantee 4.302
retail selling prices 2.04–5
see also pricing
retaliation mechanisms, horizontal mergers 14.56
retroactive censorship, vertical agreements 4.300
retroactivity of the more lenient sanction 26.11–12
right of access see access
right to an effective remedy 24.129
right to a fair trial see ECHR, right to a fair trial (Article 6)
right to good administration see Charter, right to good administration (Article 41)
right to be heard
hearing of the parties and of third persons 14.187–8
right to a fair trial 24.86
right to good administration 13.226, 13.228, 13.232, 14.188, 23.14–15, 23.17–21, 23.25
right to legal representation 19.53, 19.56, 19.59
right not to be tried or punished twice for same criminal offence see ECHR, right not be tried or punished twice for same criminal offence (Article 4 Protocol 7)
right to property 21.1
right to protection of business premises 19.12–13
right to public hearing 24.118
right to silence 13.45, 25.25–45
rights, interpretation of rights and principle see Charter, scope and interpretation of rights and principle (Article 52)
rights of defence 13.47, 13.51, 14.80, 23.10–30, 23.13, 25.23–4
presumption of innocence see ECHR, presumption of innocence and rights of defence (Article 6)
road traffic rules, fines for infringement of 24.16–17
Romania, judicial searches 19.45
ruinous competition 4.31
see also competition
rule of reason, cartel prohibition 4.176–8
Russia, judicial searches 19.43
safeguard measures
respect for private and family life, interference justification 19.33–4, 19.55
same offence, right not be tried see ECHR, right not be tried or punished twice for same criminal offence (Article 4 Protocol 7)
sanctions
full review by administrative court 24.51–6
non-retroactivity of criminal sanctions 26.09–10, 26.16
open to appeal 24.69–72
retroactivity of the more lenient sanction 26.11–12
see also fines
savings deposits and maximum rates of interest 2.09
sealed envelope procedure 13.56, 19.59
see also documentation
sealed-bid first price auction 14.40
search and seizure as serious interference 19.26
searches of premises 13.48, 13.50
secondary markets 5.134–5, 15.03
secrecy, professional 13.232–5, 13.237, 13.239, 14.180–81
sectoral over-capacity, aid prohibition 10.135
selective distribution
aid prohibition 10.36–53
and cartel prohibition 4.80–82
de facto prohibition on sales via internet 15.06–12
high-technology products 4.80
taxation context 10.41–53
vertical agreements 4.283, 4.285–9, 4.292–9, 4.301–5, 16.06
self-employed substitutes, fees for 4.17
self-incrimination, privilege against, and right to remain silent 25.25–45
serious charge, exceptions 24.73
serious difficulties concept, aid notification 11.27–31
service provision and access time 5.94
services
and cartel prohibition 4.199
freedom to provide 13.51
SGEI (services of general economic interest) 9.31–42, 10.30–35
several transactions, treatment as single concentration 14.108
severity of offence, punishment and deterrence objectives 24.19, 24.21–2
SGEI (services of general economic interest) 9.31–42, 10.30–35
sham action 5.133
shareholders
attendance rates 14.85
intent to acquire control by 14.87
meetings between minority shareholder and management insufficient to create control 14.117
no acquisition of control in case of minority shareholdings 14.116
share capital owned by public authorities 10.26
Share Purchase Agreement 14.105
special rights for minority shareholders 14.90
voting against shareholders’ resolutions insufficient to create control 14.118
see also meetings
shipping
cruise ship market 14.32, 14.51
merchant vessels in International Shipping Register 10.04
mooring marinas 10.69
port duties 9.20
sailboards trade 4.190
shipbuilding and marine and defence electronics 10.62
shipbuilding and ship conversion aid 10.145
silent, right to remain 13.45, 25.25–45
single branding 4.310–11
see also branding
single and continuous infringement 13.17–20, 13.213–14, 13.216
single undertakings 4.56, 14.126
size differences between undertakings 13.159
skis, alpine skis and bindings 14.42
see also sports
Slovak Republic, Postal Regulatory Office 9.09
SMEs 4.04, 10.06, 13.99, 13.154
social policy 4.14–17, 10.36, 10.82
social security system 4.40, 4.43, 4.49, 10.41, 10.115, 24.118
see also taxation
sole control of concentrations see Regulation 139/2004, control of concentrations between undertakings, concentration definition (Article 3), sole control
sound recordings 5.99
see also music; technology
Spain
commercial vehicle replacement 10.43
theme park sale 10.107
spare parts distribution 5.17, 5.84–6, 5.104–5
see also distribution
special rights see exclusive rights
sports
alpine skis and bindings 14.42
football see football
and freedom of movement 4.18
leisure equipment 4.238, 10.67
SSNIP test 5.21
standard of living and employment levels 10.127
standstill obligation see TFEU, Article 108, notification of aid, requirement to notify and standstill obligation
State aid
aid notification 10.05, 10.75–7
aid prohibition 10.01–11
and cartel prohibition 9.55
and competition rules 10.81
dominance abuse 9.55
merger control without prejudice to separate assessment 14.191
notification in case of 11.52–4
public undertakings 9.55–6
see also Member States; national legislation; trade
statement of objections
and cartel prohibition 14.184
hearing of the parties see Regulation 139/2004, control of concentrations between undertakings, hearing of the parties and of third persons (Article 18), statement of objections
respect for private and family life (Article 8), interference justification 19.55
right to good administration 23.16–24
TFEU, Article 102, and abuse of dominance 14.184
structural change, minimum time period 14.120
subsidiaries see under parent companies
subsidiarity principle 4.194
subsidy concept 10.89–90
substitution
chain 14.27–8
sugar market 4.102, 5.57, 13.197, 14.25
see also food and drink sector
sui generis protection and databases 4.52
superseded case law providing for immediate redress 24.115
supra-national human rights treaty 18.01
suspensive effect 11.96, 11.98, 14.128, 14.148–52, 14.149–52, 14.170
suspicion, reasonable suspicion requirement, respect for private and family life, interference justification 19.54
Switzerland, telecommunications legislation 19.49
tacit acceptance of agreement, cartel prohibition 4.86, 5.56
tacit approval rules 13.08
tacit coordination 5.56, 14.59–60
tariffs
approvals that lead to dominance abuse 9.18
fixed at level lower than normal 10.21
fixing by Member States 10.124
long-distance transport of goods by road 2.12
preferential 10.21
public undertakings 9.18
quotas 10.02
see also pricing
taxation
aid notification of aid and method of financing 11.56–9
corporate income tax and change of ownership 10.48
direct business 10.44
environmental factors 10.45–6
exemptions 10.119
fines for infringement of tax rules 24.18
as integral part of aid measure 10.120
penalties and criminal penalties combined 27.05
and right to a fair trial 24.12
selectivity 10.41–53
see also social security system
technology
communications apps 14.55
computer software and third party licence to use a product 5.110
digital map databases 14.10, 14.63
digital music services 14.54
high-technology products 4.80, 5.27
internet see internet
IT services 14.155
sound recordings 5.99
technologically advanced equipment 10.17
telecommunications
digital subscriber line 5.114
end-user access services 5.113
ex ante regulation 6.04
legislation 19.49
mergers 14.49
mobile telephony 9.54, 14.45, 14.149
telephone calls, respect for privacy of 19.11
telephone equipment market 9.37
telephone installations 5.24
television broadcasting see under broadcasting
tenders 9.34, 10.114, 14.37–40
territoriality principle
and cartel prohibition 4.19–24
and dominance abuse 5.04–6
extraterritorial application 14.01
territorial limits, lack of 13.90
vertical agreements 15.08–12
testimony obtained under compulsion 25.29, 25.30–32, 25.44
see also evidence
TEU, Article 3
common market establishment 1.01–3
social policy 4.14
TEU, Article 4 2.01–16
aeronautical authorities and tariff agreements 2.10
binding domestic and Community rules 2.16
collective bargaining and healthcare costs 4.16
duty not to jeopardise Union objectives re TFEU Articles 101 and 102a 2.01–13
duty not to jeopardise Union objectives re TFEU articles 107 and 1082.14, 11.111
inspection powers 13.46
insurance agencies’ rules 2.13
ministerial orders 2.08–9
national legislation restrictions 2.02–5
pre-existing agreements 2.09
procedural aspects 2.15–16
retail selling prices 2.04–5
review in context of procedures provided for in TFEU Articles 258 and 2672.15
savings deposits and maximum rates of interest 2.09
tariffs for long-distance transport of goods by road 2.12
TEU, Article 6, Charter and ECHR 3.01–15
Charter 3.01–2
direct effect in relation to EU law 3.11
direct effect in relation to national law 3.12–14
EHRC application by EU courts 3.03–14
EHRC application by EU courts, prior to Lisbon Treaty 3.03–8
EHRC as source of law 3.01–10
national court legislation 3.02, 3.07
position of Poland and UK 3.15
TEU, Article 51, competition infringements 1.03
TFEU, Article 4, social policy 4.14
TFEU, Article 15, citizens’ right of access to documents 13.238
TFEU, Article 16, data protection 13.239
TFEU, Article 34, exclusive right to organize dock work 9.15
TFEU, Article 39, agriculture policy 10.77, 17.01, 17.11
TFEU, Article 42, agriculture policy 17.02
TFEU, Article 43, agriculture policy 17.01
TFEU, Article 45
exclusive right to organize dock work 9.15
sports and freedom of movement 4.18
TFEU, Article 46, sports and freedom of movement 4.18
TFEU, Article 49, special or exclusive rights 9.08, 14.195
TFEU, Article 56, special or exclusive rights 9.08
TFEU, Article 101 and cartel prohibition 4.01–313
agriculture 4.07
air transport 4.08–9
atomic energy 4.07
bank transfers 4.11
books 4.10
coal and steel and ECSC Treaty 4.07
collective bargaining 4.14–17
competition rules and State aid 10.81
competitors in non-Member countries 4.20–21
healthcare costs 4.16
insurance industry 4.11–12
judicial review 13.245
motor vehicles 4.13
nullity of agreements 4.201–9
pension funds 4.15
postal services 4.13
ratione loci 4.19–24
ratione materiae 4.07–18
ratione personae and activities of undertakings 4.03–6
ratione temporis 4.25–7
self-employed substitutes, fees for 4.17
selling contractual product outside contractual territory assigned to it 4.23
simultaneous application with TFEU Article 102 5.155–6
social policy 4.14–17
sports and freedom of movement 4.18
State aid 9.55
statement of objections and Regulation 139/2004 14.184
territoriality principle 4.19–24
TFEU Article 102 relation 5.152–6
trade between Member States 4.20–24
transport 4.08–9
TFEU, Article 101 and cartel prohibition, agreement concept 4.68–94
agreements no longer in force 4.69–70
between two or more undertakings 4.88–94
concurrence of wills 4.68–77, 4.84, 4.87
contractual variation acceptance 4.85
export prohibition 4.81–2
fixed price agreements 4.71
gentlemen’s agreement 4.68
high-technology products, selective distribution services 4.80
independent leasing companies 4.83
market-sharing negotiations and joint intentions 4.73–7
motor vehicle dealership 4.78–9, 4.83
parallel trade agreement 4.77
proof of agreement between undertakings 4.84
selective distribution system 4.80–82
tacit acceptance of agreement 4.86, 5.56
transfer from parent company to subsidiary 4.91–2, 4.94
undertakings forming economic unit 4.93–4
unilateral conduct and apparently unilateral conduct 4.78–87
TFEU, Article 101 and cartel prohibition, association of undertakings concept 4.63–7, 4.125–9, 5.53
chartered accountant undertaking training 4.66
professional body acting as 4.64
professional body as regulatory body 4.65
subsidiary’s failure to carry out parent company’s instructions 4.67
TFEU, Article 101 and cartel prohibition, competition concept 4.28–37
coordination and cooperation 4.29, 4.32
and ECSC Treaty 4.32
entry barriers 4.35
function 4.28
Gentlemen’s Agreement 4.35
interpenetration of national markets 4.28
market entry and potential competition 4.37
nature and intensiveness of competition, variations in 4.30–31
potential competition 4.33–7
ruinous competition 4.31
TFEU, Article 101 and cartel prohibition, competition restriction 4.141–82
acquisition by one company of an equity interest in a competitor 4.160
agreement intended to limit parallel trade 4.148
anti-doping rules 4.182
appliances for cleaning gramophone records 4.166
appreciable restriction of competition 4.174–75
association of undertakings 4.179–82
banking sector 4.150
brewery sector, new entry issues 4.161
bundle of similar contracts and new entrant issues 4.161
commercial lease agreement 4.154
compulsory membership of occupational pension fund 4.180
concerted practice as having anti-competitive object 4.147
cooperative purchasing association 4.179
cross-border transactions 4.198
de minimis notice 4.175
dual membership prohibition 4.179
effect to prevent, restrict or distort competition 4.156–64
exclusive licences for the broadcasting of Premier League football matches 4.149
food sector, quotation prices for bananas 4.153
individual exemption 5.154
‘infringements by object’ and ‘infringements by effect’, distinction between 4.146, 4.175
insurance contracts and car repairs 4.151
market entry delay of generic undertakings 4.155
market exclusion agreements 4.155
method of analysis required by settled case-law 4.164
motor trade, export restrictions 4.172
object to prevent, restrict or distort competition 4.141–55
rebates on retailers’ profit margins 4.169
restrictions inherent to an object of (non) economic interest 4.179–82
rule of reason 4.176–8
supplementary pension benefits of medical specialists 4.171
transport sector, horizontal agreements between undertakings 4.170
zinc sheet manufacture 4.167
TFEU, Article 101 and cartel prohibition, concerted practice concept 4.95–124
and agreements, distinction between 4.96
and agreements, single continuous infringement 4.114–24
and agreements, single continuous infringement, interrupted infringement 4.120
and agreements, single continuous infringement, three conditions 4.121
bank transfers and debiting bank charges 4.103
commercial information exchange 4.100
and competition restriction 4.109
concertation 4.96–100
coordination and cooperation criteria 4.97
disclosure to competitor of course of conduct 4.99
evidence assessment and standard of proof 4.113, 4.116
final price composition 4.100
information disclosure effect 4.106, 4.108, 4.110, 4.112–13
market conduct and relationship of cause and effect 4.101–13
parallel behaviour 4.101, 4.103
presumption of causal connection 4.111, 4.113
price announcements as evidence of price concertation 4.107
probative data 4.112
raw sugar transactions 4.102
as substitute for risks of competition cooperation between undertakings 4.98
travel agencies 4.113
TFEU, Article 101 and cartel prohibition, decision of associations of undertakings concept 4.125–9
FEDETAB and tobacco imports 4.125
MasterCard and bank services 4.129
national associations that are members of FIFA 4.128
TFEU, Article 101 and cartel prohibition, effect on trade between Member States 4.20–24, 4.183–200
agreement constituting a threat to trade 4.184
applicant’s individual participation 4.191
existence of similar contracts 4.185
franchise agreements for the distribution of goods 4.189
presumption that trade between Member States is affected 4.195
probability factor 4.193
processed tobacco products 4.196
products that are related to those covered by an agreement or practice’ 4.196
relevant market share definition 4.197–8
restrictive agreement between traders within common market and competitors in third countries 4.187
restrictive arrangements, effects of 4.192
sailboards trade 4.190
services 4.199
subsidiarity principle 4.194
traders applying for admission to a distribution network 4.188
TFEU, Article 101 and cartel prohibition, exemptions 4.210–42
burden and standard of proof 4.216, 4.226
car manufacture and technological progress 4.223
cheese market cooperative 4.233
compound potash fertilizers 4.237
cooperation agreement between producer and wholesaler 4.232, 4.238
cumulative conditions 4.218–42
demarcation of the market 4.240
direct benefit for consumers 4.228–31
electronic leisure equipment sector and cooperation agreements 4.238
FEDETAB and tobacco imports 4.239
franchises 4.211
improvement of production and distribution, promotion of technical and economic progress 4.218–27
inland transport services 4.225
joint ventures 4.234
market transparency 4.224
MasterCard scheme and benefit to consumers 4.227, 4.231
no elimination of competition 4.237–42
proportionality 4.232–6
renewal application 4.241
retail pharmacies and economic progress 4.222
tobacco distribution improvement 4.220
TFEU, Article 101 and cartel prohibition, horizontal agreements 4.253–72
certification systems and standards 4.258–9
exchange of information 4.260–68
non-competition clauses 4.269–71
pay-for-delay 4.272
sharing of markets 4.253–7
TFEU, Article 101 and cartel prohibition, horizontal agreements, agreements concerning prices and other trading conditions 2.43–52, 4.243–72
common price list adoption 4.247
contract to contractor other than lowest bidder 4.248
FETTCSA and customer discounts 4.251
price fixing in PVC market 4.250
price fixing of quinine 4.243
price objectives 4.252
TFEU, Article 101 and cartel prohibition, national law relationship 4.130–40
autonomous conduct that restricts competition 4.138
FIFA association 4.139
insurance industry supervision 4.133
national quota system 4.130
racing companies and PMU 4.136
TFEU, Article 101 and cartel prohibition, undertaking concept 4.38–62
agent and principals, economic unit determination 4.61
air navigation safety 4.51
anti-pollution surveillance 4.41
certification of motor vehicles 4.54
certification services for public works contracts 4.54
chartered accountants 4.53
civil air transport installations 4.45
customs agents’ activities 4.42
economic activity 4.38–54
economic unit 4.55–62
employee incorporated into economic unit 4.62
insurance scheme as economic activity 4.46
joint ventures 4.59
national administrations, activity of assisting 4.51
non-profit-making associations 4.50
offer of goods or services without profit 4.50
public authority and data storage and access 4.52
purchasing goods, economic activity issues 4.48
sectoral pension fund 4.43
service provider acting under control of undertaking that is using its services 4.62
single undertakings 4.56, 14.126
social security system 4.40, 4.43, 4.49
specialist medical services and self-employment 4.44
statutory health insurance scheme 4.49
sui generis protection and databases 4.52
transfer of activities date 4.60
TFEU, Article 101 and cartel prohibition, vertical agreements 4.273–313, 15.01–3, 15.12, 15.14, 15.19–20, 16.01–8
advertising restrictions 4.300
agency 4.276–81
beer supply agreements 4.311
car insurance companies and bilateral arrangements with car dealers 4.275
car sales and fuel agencies 4.279–81
concurrence of wills 4.274
exclusive distribution 4.306–9
exclusive licence agreement concluded between holder of intellectual property rights and broadcaster 4.308
franchising 4.312–13
high-quality products 4.288–9, 4.291
‘impervious’ guarantee 4.303
internet sales ban for cosmetics 4.305
and intra-community trade 4.284, 13.106
motor vehicle distribution system 4.273–4, 4.285, 4.298
nature of products 4.288–91
newspaper and periodical distribution 4.290, 4.295
photographic equipment dealers 4.294
presumption of innocence principle 4.274
price undertaking condition 4.299
prohibition of sales between authorized dealers 4.301
restriction of the manufacturer’s guarantee 4.302
retroactive censorship 4.300
selection criteria 4.292–8
selective distribution systems 4.283, 4.285–9, 4.292–9, 4.301–5
single branding 4.310–11
travel agencies 4.276
vehicle leasing contracts 4.277
verification obligations 4.282
TFEU Article 101 and time of entry into force of Treaty, Regulation 1/2003, implementation of rules of competition 4.27
TFEU, Article 102, and abuse of dominance 5.01–158
air transport 5.03
Community law 5.04
competitor elimination 5.05–6
conglomerate mergers and Regulation 139/2004 14.67–9
contestable market 5.147
dangerous waste disposal 9.22
direct effect 5.01–2
effect on trade between Member States 5.150–51
employment procurement activities 9.13
exclusive right to organize dock work 9.15
exercise of the exclusive right necessarily leading to abuse 9.16
individual exemption 5.154
judicial review 13.245
mobile telephone charges 9.54
motorcycling events 9.25
proof, and Regulation 139/20414.154
public undertaking charging unreasonable port duties pursuant to national regulations 9.20
radio equipment, type approval requirements 9.17
ratione loci (territorial jurisdiction) 5.04–6
simultaneous application with TFEU Article 101 5.155–6
State aid 9.55
statement of objections and Regulation 139/2004 14.184
tariff approvals that lead to dominance abuse 9.18
TFEU Article 101 relation 5.152–6
TFEU Article 106 relation 5.157–8
TV broadcast services 9.14
waste management 9.30
TFEU, Article 102, and abuse of dominance, abuse 5.60–149
agent and principal agreements 5.122
banana ripeners 5.130
capability of restricting competition 5.66–9
cash register spares 5.84
categories 5.70–133
collective dominance 5.136
commercial interests, protecting 5.141–4
dangerous products 5.139
diamonds and exclusive purchasing 5.72
discounts 5.145–6
discrimination between business partners 5.125
discriminatory pricing predation 5.89
economic value and excessive pricing 5.118, 5.119
economic value of royalties 5.117
efficiencies 5.145–6
efficiency gains 5.138
excessive pricing 5.116–21
exclusive purchasing 5.71–2
fee levels charged in other Member States 5.121, 5.123
fee system for airport management services 5.124
geographic price discrimination 5.127–31
intellectual property rights 5.148
justification 5.137–49
knowledge of abusive nature of conduct 5.64–5
liner conference 5.89
margin squeeze 5.113–15
market foreclosure 5.147
media players and abusive bundling 5.87
musical copyright and royalties 5.120
objective concept 5.60–65
objective necessity 5.139–40
packaging fees 5.123
patents and lack of transparency 5.132
pharmaceutical products out of proportion to those previously sold 5.131
pharmaceuticals company refusal to supply wholesalers involved in parallel exports 5.143
pharmaceuticals, competition from generic products 5.144
predatory pricing 5.88–91
price alignment on those previously charged by a competitor 5.142
price discrimination 5.124–8
price loss recoupment possibility, no requirement to show 5.90–91
pricing below average variable cost or below average total cost 5.88
production costs and excessive pricing 5.117
public health protection 5.140
royalties for use of patents 5.111
secondary markets 5.134–5
sham action 5.133
State action defence 5.149
telecommunication end-user access services 5.113
telecommunications digital subscriber line 5.114
trade limitations between Member States 5.129–31
transparency, lack of 5.132
tying and bundling 5.84–7
tying and bundling, conditions for abusive bundling 5.87
tying sales of spare parts to maintenance and repair services 5.84–6
unfair conditions 5.116–23
vehicle industry discount system 5.145
TFEU, Article 102, and abuse of dominance, abuse, rebate schemes 5.69, 5.71, 5.73–83
conditional on exclusivity 5.76
efficient competitor test 5.83
individualised targets 5.80
individualised targets leaving margin of discretion to supplier 5.81
meeting competition 5.77
oil products and rebate scheme 5.74
plasterboard imports 5.76
practical effect of thresholds for discounts 5.78
quantity discount effect circumstances 5.79
Quantity rebate versus Loyalty rebate 5.73, 5.82
reference period calculation 5.75
travel agent commission on airline tickets 5.80
TFEU, Article 102, and abuse of dominance, abuse, refusal to supply 5.92–112, 5.115, 16.09
brand name dominance 5.93
computer software and third party licence to use a product 5.110
copyright of sound recordings 5.99
energy transport network 5.96
essential facilities and access time 5.95–6
intellectual property rights 5.95, 5.97–112
newspaper distribution 5.95
patent ambush 5.111
patents, standard essential patents 5.112
product indispensable for operating on secondary market 5.109
raw materials 5.92
service provision and access time 5.94
spare parts 5.104–5
television broadcasting of horse-racing 5.108
television programme listings 5.106
third party licence to use a product 5.110
TFEU, Article 102, and abuse of dominance, dominance 5.07–56
airport management 5.47
brand equity and product differentiation 5.48
cigarette filters 5.44
collective dominance 5.49–56
declining market share 5.32–3
differentiated market 5.18–20
differentiated products 5.19–20
economic strength measurement 5.07
electricity distribution 5.50
entitlement to discontinue contractual relations 5.46
entry barriers 5.34–43
fertilizer market 5.31
FIFA membership and collective dominance 5.55
fixed costs and entry barriers 5.42
flour additives sector 5.14
highly technical products 5.27
home-delivery services 5.41
infrastructure and barriers to entry 5.41
input market 5.15–17
market definition 5.13–26
market power 5.29–48
market share and market power 5.29–33
market shares and competitors, relationship between 5.08–11
nail market and transport costs 5.25
pharmaceutical products 5.21
plastics sector 5.14
product packaging, light metal containers 5.13
products belonging to different markets 5.18
raw materials 5.15
relevant geographic market 5.22–5
relevant product market 5.13–21
spare parts 5.17
SSNIP test 5.21
standardization and entry barriers 5.43
state intervention and exclusive rights 5.35–40
tacit coordination 5.56
telephone installations 5.24
television programmes and weekly programme information 5.20
temporal markets 5.26
transport costs 5.25
unavoidable trading partner 5.45–8
vehicle approval services 5.16
vehicle tyres 5.19
vertical integration 5.44
TFEU, Article 102, and abuse of dominance, substantial part of internal market 5.57–9
airport management services 5.59
maritime import and export operations 5.58
sugar market 5.57
TFEU, Article 102, cartel prohibition
autonomous conduct that restricts competition 4.138
insurance industry 4.11–12
insurance industry supervision 4.133
national administrations, activity of assisting 4.51
and national law 4.133, 4.136, 4.140
products that are related to those covered by an agreement or practice 4.196
public authority and data storage and access 4.52
racing companies and PMU 4.136
sports and freedom of movement 4.18
TFEU Article 102 versus remedies, Regulation 139/2004, control of concentrations between undertakings, powers of Commission decision (Article 8) 14.154
TFEU, Article 103
enforcement measures 6.01–3
ne bis in idem principle 13.164
regulation regarding application of Article 101 and 1026.01–4
telecommunications market, ex ante regulation 6.04
TFEU, Article 104
air transport 4.09
Article 101 and time of entry into force of Treaty 4.25
TFEU, Article 104, competence of authorities in Member States 7.01–2
TFEU, Article 105, air transport 4.09
TFEU, Article 105, application of Articles 101 and 102 by Commission 8.01–6
applicability from time of entry into force of Treaty 4.25
conferred powers principle 8.02
legal professional privilege 8.02
national procedural autonomy 8.02
objective impartiality 8.03
TFEU, Article 105, Article 101 and time of entry into force of Treaty 4.25
TFEU, Article 106
bank transfers 4.11
direct effect 5.02
exclusive rights 5.38
TFEU, Article 106, public undertakings 9.01–56
air carriers, non-commercially viable routes 9.36
airport charges 9.53
anti-competitive conduct by undertakings on their own initiative 9.05–6
breach of reserved area 9.09
Commission powers 9.46–54, 14.195
dangerous waste disposal 9.22
dock-work company, exclusive right to supply 9.21
electricity imports 9.39
exceptional derogation from Treaty rules 9.26–45
exclusive right necessarily leading to abuse 9.16
exclusive right to organize dock work 9.15
exclusive rights 9.19
funeral services 9.12
health services and medical care provision 9.35
healthcare costs reimbursement scheme 9.45
intellectual property rights 9.32–3
judicial review rights 9.52
livestock insemination centres 9.16
mail delivery, universal service provider 9.44
mobile telephone charges 9.54
motorcycling events 9.25
national insurance bureaux and green card system 9.11
patient transport services 9.24
preferential rights for the exploration and exploitation of lignite deposits 9.10
prohibited measures 9.11–25
proportionality test 9.36–45
public ambulance service 9.43
public employment agency including executive search 9.13
public undertaking charging unreasonable port duties pursuant to national regulations 9.20
radio equipment, type approval requirements 9.17
respect for the rights of the defence 9.49
State aid 9.55–6
tariff approvals that lead to dominance abuse 9.18
telephone equipment market 9.37
television advertising 9.01
tenders 9.34
TFEU Article 107 relation 9.55–6
TV broadcast services 9.14
undertakings entrusted with the operation of services of general economic interest (SGEI) 9.31–43
waste management 9.30
TFEU, Article 106
TFEU, Article 102 relation 5.157–8, 9.27, 9.29–30, 9.54–5
transport 4.08
TFEU, Article 107, aid prohibition 9.55–6, 10.01–144, 11.09, 11.19, 11.27, 11.52–3, 11.67, 11.71, 11.87, 11.86–7, 11.94, 11.123
airport charges 10.25
amount of aid/de minimis 10.65–6
behaviour of private investor in comparable circumstances (pari passu) 10.28–9
capital injections 10.91–101
commercial vehicle replacement 10.43
compatibility with internal market 10.126
compatibility with internal market, may be considered 10.127–45
competition rules 10.81
corporate income tax and change of ownership 10.48
criteria 10.01–70
cross-subsidisation 10.105
damages compensation 10.125
debt arrangement 10.102, 10.115
development of certain economic activities or of certain economic areas 10.142
direct business taxation 10.44
direct effect 10.71–4
distortion of competition 10.54–7
ecotax 10.46
effect on trade between Member States 10.58–70
environmental pollution 10.138
environmental protection levy 10.45
equal treatment principle 10.19
financial crisis and emergency aid 10.141
fiscal measures 10.118–19
fisheries sector 10.78
fixed-term employment contracts 10.122
form in which aid is provided 10.83–124
free movement of goods 10.80
gambling and unclaimed winnings 10.07
guarantees 10.104
hospital building investment 10.68
imputability 10.12–16
insolvency or liquidation of credit institution 10.29
inter-trade agreements 10.16
judicial review 10.23, 10.86, 10.139
leisure pool renovation costs 10.67
loans and interest rates 10.103
local museum projects 10.70
margin of appreciation 10.85–8
market economy investor principle 10.22–39
merchant vessels in International Shipping Register 10.04
minimum retail prices 10.123
mooring marinas 10.69
no effect on trade between Member States 10.69–70
non-financial regulatory measures 10.121–22
and other Treaty provisions 10.75–82
pig meat market 10.76
preferential rediscount rate for exports 10.116
private investor of comparable size to public body 10.20
private-investor test 10.22, 10.23–5, 10.28, 10.29
privatisation by tendering 10.114
production capacity increase 10.128
public sector investment funds 10.12
public service obligations 10.34–5
public undertakings 10.13–14, 10.30
reductions and non-payment of social security contributions 10.115
regional aid and European Regional Development Fund 10.133
regional aid and sectoral overcapacity 10.135
regional selectivity 10.40
sale of land 10.107–13
selectivity 10.37–53
selectivity in taxation context 10.41–53
services of general economic interest (SGEI) 10.30–35
share capital owned by public authorities 10.26
shipbuilding and marine and defence electronics 10.62
shipbuilding and ship conversion aid 10.145
shipping undertakings and social security contributions 10.121
small businesses and protection of workers against unfair dismissal 10.06
SMEs and de minimis rule 10.65
social measures 10.82
social plans and financial assistance 10.36
social security system 10.41
standard of living and employment levels 10.127
State resources 10.01–11
subsidy concept 10.89–90
tariff fixed at level lower than normal 10.21
tariff fixing by Member States 10.124
tariff quotas 10.02
tax exemptions 10.119
technologically advanced equipment 10.17
TFEU Article 106 relation 9.55–6
trade association advertising campaign 10.18
trade association governed by public law 10.17–18
transnational European programmes 10.138
transport services, local or regional 10.63
venture capital 10.27
wine producers 10.77
TFEU, Article 108, notification of aid 11.01–125
appropriate measures 11.16–17
complaints received by Commission 11.123–4
damages compensation 10.125
existing aid 11.01–12, 11.14–15
extension of period to submit comments 11.45
fisheries sector 10.78
fishing vessel construction 11.17
interested parties 11.39–51
interested parties, rights of 11.44–7
limited role of interested parties 11.48–49
new aid 11.01–3, 11.05–10, 11.12–15
obligation of Commission to address complaints parties 11.51
pig meat market 10.76
supply difficulties and restructuring plan 11.25–6
trade union as interested party 11.42
TFEU, Article 108, notification of aid, annulment action 11.91–9
admissibility 11.91–5
assessment by Union courts 11.97–9
compatibility of State aids with common market 11.99
TFEU, Article 108, notification of aid, formal investigation procedure 11.21–38
alleged unlawful aid 11.22
burden of proof into existence of serious difficulties 11.30
compatibility assessment 11.18–21, 11.23, 11.24, 11.28–9, 11.36–8
decision to initiate 11.36–7
initiation obligation 11.21–23
length and circumstances of preliminary examination procedure 11.38
private investor test 11.31
procedure between Commission and Member State granting aid 11.32–4
serious difficulties concept 11.27–31
withdrawal of act as contested act 11.37
TFEU, Article 108, notification of aid, recovery of aid 11.100–123
absolutely impossible 11.114–15
in accordance with national law 11.110
duty of genuine cooperation 11.111–12
legal certainty principle 11.119
legitimate expectations 11.117–20
objective of recovery 11.108–9
recovery and bankruptcy 11.121–3
tax as integral part of aid measure 10.120
TFEU, Article 108, notification of aid, requirement to notify and standstill obligation 11.52–90
alterations to existing aid 11.55
compatibility of aid with common market 11.80, 11.86
Deggendorf-doctrine 11.90
direct applicability 11.74
examination of unlawful aid 11.68–9
injunction to suspend 11.73
Member State obligation 11.60–61, 11.87
national courts role 11.83–90
no ruling on compatibility of aid 11.89
notification after the implementation of the aid measure 11.64–7
notification of aid and method of financing the aid (taxes) 11.56–9
notification in case of State aid 11.52–4
notification time 11.62
preliminary examination 11.75–7, 11.87
preservation of individual rights 11.84
res judicata principle 11.88
safeguard measures 11.85, 11.87
standstill obligation 11.70–73
TFEU, Article 109, Member State obligation 10.76, 11.87
TFEU, Article 153, collective bargaining between employers and workers 4.14, 4.15
TFEU, Article 155, dialogue between management and labour 4.14, 4.15
TFEU, Article 236, legality of a Commission decision 24.33
TFEU, Article 258, Commission powers 9.48, 14.195
TFEU, Article 258–60, suspension of operation of decision 11.96
TFEU, Article 261, unlimited jurisdiction powers 13.236, 13.240, 13.242, 13.244–6, 24.36, 24.72
TFEU, Article 263
direct action against decision adopted by a Community institution 11.79, 13.12, 13.219, 13.236, 13.240
legality review 13.244–6, 19.53, 24.36, 24.55, 24.65
proceedings against a decision addressed to another person 11.91, 11.95, 11.98, 11.97
TFEU, Article 267, preliminary ruling 18.25
TFEU, Article 278 and 279, compliance with treaty rules on competition 13.55
TFEU, Article 279, suspension of operation of decision 11.98
TFEU, Article 288 4.02
TFEU Article 296
compliance with duty to state reasons for decision 13.236
notification of aid, obligation of Commission to address complaints parties 11.51
TFEU, Article 297, citizens’ right of access to documents 13.238
TFEU, Article 339
business secrets 13.237
professional secrecy 12.232, 13.239, 14.181
third countries
control of concentrations between undertakings 14.200
dealing agreements 4.19
restrictive agreements 4.187
third parties
appeal by third party possible 14.161
hearing of the parties see Regulation 139/2004, control of concentrations between undertakings, hearing of the parties and of third persons (Article 18)
licence to use a product 5.110
non-referral decision by Commission may not be contested by 14.167
pre-existing contractual rights 14.145
thresholds
de minimis notice 13.21
discount 5.78
market share 15.03
time factors
aid notification time 11.62
extension of period to submit comments, aid notification 11.45
failure to provide information within period fixed by Commission decision 14.174
lasting structural change, minimum time period 14.120
reasonable period, right to good administration 23.01–9
time of entry into force of Treaty 4.27
time limits for initiating proceedings 14.169–70
cigarette filters 5.44
FEDETAB and tobacco imports 4.63, 4.70, 4.125, 4.239
toy market 14.19
trade
association governed by public law 10.17–18
between Member States see TFEU, Article 101 and cartel prohibition, effect on trade between Member States
influence of trade between States 14.197–8
limitations between Member States 5.129–31
patterns 14.15–16
unavoidable trading partner 5.45–8
see also Member States; national legislation; State aid
see also intellectual property rights
transfer of activities date 4.60
transfer of exclusive competence 14.165
transfer from parent company to subsidiary 4.91–2, 4.94
transnational European programmes 10.138
transparency
exemptions 4.224
and fines 13.174
lack of 5.132
market, and horizontal mergers 14.56
transportation
air see air transport
and cartel prohibition 4.08–9
costs and distances 14.20–23
horizontal agreements 4.170
inland transport services 4.225
jet engines 14.78
liability insurance 14.31
local or regional, and aid prohibition 10.63
maritime transport fares 13.159
patient transport services 9.24
public ambulance service 9.43
tariffs for long-distance transport of goods by road 2.12
see also vehicles
travel agencies 4.113, 4.276, 5.80
tribunals
access rights 24.57–61
independent and impartial see ECHR, right to a fair trial (Article 6), independent and impartial tribunal
see also courts
tried twice, right not to be see ECHR, right not be tried or punished twice for same criminal offence (Article 4 Protocol 7)
truth under oath 25.35
turnover
calculation see Regulation 139/2004, control of concentrations between undertakings, turnover calculation (Article 5)
and exchange rates 13.92
fines calculation 13.88–102, 13.177, 26.19, 26.22–3
and lysine market 13.93
and market share 13.93, 13.95–6, 13.98, 13.103–4, 13.138, 13.140, 13.159–60
TV broadcasting see under broadcasting
twice, right not to be tried or punished twice for same criminal offence see ECHR, right not be tried or punished twice for same criminal offence (Article 4 Protocol 7)
tying and bundling see bundling
UK
Anton Piller order 19.20, 19.48
judicial searches 19.50
obligation to give the name of the driver of a registered vehicle 25.39
oceanic cruises, new entry expansion 14.32
photographic equipment dealers 4.294
TEU, Article 6, Charter and ECHR applicability 3.15
unauthorised distributors definition 15.07
see also distribution system
unavoidable trading partner 5.45–8
undertakings
and aid prohibition 10.121
and cartel prohibition 4.03–6, 4.84, 4.88–94, 4.98, 4.155, 4.170, 4.299
concept see TFEU, Article 101 and cartel prohibition, undertaking concept
control of concentrations between see Regulation 139/2004, control of concentrations between undertakings
and dominance abuse 9.20
economic unit formation 4.93–4
and fines 13.99, 13.148–57, 13.159, 13.161–2, 13.176
fines and turnover of undertaking 13.88–102
number committing infringement 13.82–3, 13.154–5
public see TFEU, Article 106, public undertakings
public, and aid prohibition 10.13–14, 10.30
publicly distancing itself from agreement or concerted practice 13.06–9
size differences between undertakings 13.159
‘undertakings concerned’ notion 14.03, 14.111–12
see also association of undertakings
unfair conditions, TFEU, Article 102, and abuse of dominance, abuse 5.116–23
unfair dismissal 10.06
see also employment
uniform application of competition law 13.36–7
see also competition
unilateral conduct and apparently unilateral conduct 4.78–87
unlawful aid 11.68–9
unlimited jurisdiction
on appeal 13.249–50
exercise 24.55
judicial review 13.241–2, 13.244–8
powers 13.236, 13.240, 13.242, 13.244–6, 24.36, 24.72
reviewing fine 23.09
‘up-front buyer’ commitment 14.141
validity period of commitment decisions 13.29
vehicles
approval services 5.16
car insurance companies and bilateral arrangements with car dealers 4.275
car manufacture and technological progress 4.223
car sales and fuel agencies 4.279–81
certification 4.54
commercial vehicle replacement 10.43
distribution system 4.273–4, 4.285, 4.298
export restrictions 4.172
industry discount system 5.145
industry, Germany 4.279, 15.09–10
insurance contracts and car repairs 4.151
leasing contracts 4.277
manufacture and supply quotas 4.273
motorcycling events 9.25
obligation to give name of driver of registered vehicle 25.39
obligation to give the name of the driver of a registered vehicle, UK 25.39
sector vertical agreements 15.01, 15.08–10
TFEU, Article 101 and cartel prohibition 4.13
TFEU, Article 101 and cartel prohibition, vertical agreements 4.277
TFEU, Article 102, and abuse of dominance, dominance 5.19
TFEU, Article 106, public undertakings 9.25
tyres, TFEU, Article 102, and abuse of dominance, abuse, rebate schemes 5.75, 5.80
vertical agreements, Regulation 461/2010 see Regulation 461/2010, vertical agreements in the motor vehicle sector
see also transportation
venture capital 10.27
verification obligations, vertical agreements 4.282
vertical agreements
and cartel prohibition see TFEU, Article 101 and cartel prohibition, vertical agreements
and fines 13.206
integration and dominance abuse 5.44
mergers 14.62–3
Regulation 330/2010 see Regulation 330/2010, vertical agreements
see also horizontal agreements
Vienna Treaty on the Law of Treaties 18.03, 18.06–13
voting rights 14.82, 14.115, 14.118
waiver of rights, and right to a fair trial 24.100–101
whereabouts, obligation to indicate one’s whereabouts at a given time 25.34
wine production 10.77
see also agriculture policy; food and drink sector
written communications
between lawyer and client 19.56, 19.57–9
confidentiality of 13.51–2, 13.56
see also documentation
Zaire, Ogefrem Agreement 5.39
zinc sheet manufacture 4.167
Commentary