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Competition Law

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ISBN-10: 0199586551

ISBN-13: 9780199586554

Edition: 7th 2011

Authors: Richard Whish, David Bailey

List price: $78.00
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Description:

Richard Whish's Competition Law is the definitive textbook on this subject. The author's authoritative treatment of the area is matched by a lively and easy-to-follow writing style, making this book an indispensable resource for undergraduate and postgraduate law and economics students, as well as for practitioners and officials involved in competition law. Explaining the economic context within which competition law operates in the UK, EC and internationally, Whish looks at the constituent parts of the law and analyzes how they affect commercial phenomena. Key aspects are examined in detail, including mergers, horizontal and vertical agreements, the Abuse of Dominance, Intellectual Property and the obligations of Member States under the EC. The book also scrutinizes fundamental Acts and Articles - Competition Act 1998; Enterprise Act 2002;Articles 81 and 82 - providing readers with context, consequences and an overview of how these are applied in practice. Online Resource CentreThe Online Resource Centre that accompanies this edition of the book contains an updated table of the OFT decisions, author video podcasts, articles from the authors, and web links.This book is essential reading for students, practitioners and officials seeking a respected, reliable, intelligent and critical approach to competition law.
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Book details

List price: $78.00
Edition: 7th
Copyright year: 2011
Publisher: Oxford University Press, Incorporated
Publication date: 3/21/2012
Binding: Paperback
Pages: 1088
Size: 6.00" wide x 10.00" long x 1.75" tall
Weight: 1.276
Language: English

Andrew Rabin is Associate Professor of English at the University of LouisvilleDavid J. Bailey is Lecturer in Political Science at the University of Birmingham

Table of treaties and conventions
Table of EU legislation
Table of statutes
Table of statutory instruments
Table of competition commission reports
Table of OFT reports, decisions and publications
Table of cases
List of abbreviations
Competition policy and economics
Introduction
Overview of the Practices Controlled by Competition Law
The Theory of Competition
The Function of Competition Law
Market Definition and Market Power
Overview of EU and UK competition law
Introduction
EU Law
UK Law
The Relationship Between EU Competition Law and National Competition Laws
The Institutional Structure of EU and UK Competition Law
Article 101(1)
Introduction
Undertakings and Associations of Undertakings
Agreements, Decisions and Concerted Practices
The Object or Effect of Preventing, Restricting or Distorting Competition
The De Minimis Doctrine
The Effect on Trade Between Member States
Checklist of Agreements That Fall Outside Article 101(1)
Article 101(3)
Introduction
The Article 101(3) Criteria
Regulation 1/2003
Block Exemptions
Article 102
Introduction
The Commission's Guidance on Article 102 Enforcement Priorities
Undertakings
The Effect on Inter-State Trade
Dominant Position
A Substantial Part of the Internal Market
Small Firms and Narrow Markets
Abuse
Defences
The Consequences of Infringing Article 102
The obligations of Member States under the EU competition rules
Introduction
Article 4(3) TEU-Duty of Sincere Cooperation
Article 106 TFEU-Compliance with the Treaties
Article 37 TFEU -State Monopolies of a Commercial Character
Articles 107 to 109 TFEU-State Aids
Articles 101 and 102: public enforcement by the European Commission and national competition authorities under Regulation 1/2003
Overview of Regulation 1/2003
The Commission's Enforcement Powers under Regulation 1/2003
Regulation 1/2003 in Practice
Judicial Review
Articles 101 and 102: private enforcement in the courts of Member States
Introduction
Actions for an Injunction and/or Damages
Damages Actions in the UK Courts
Competition Law as a Defence
Arbitration
Proposals for Reform
Competition Act 1998-substantive provisions
Introduction
The Competition Act 1998-Overview
The Chapter I Prohibition
The Chapter II Prohibition
'Governing Principles Clause': Section 60 of the Competition Act1998
The Competition Act 1998 in Practice
Competition Act 1998 and the cartel offence: public enforcement and procedure
Introduction
Inquiries and Investigations
Complaints and Super-Complaints
Opinions and Informal Advice
Enforcement
The Cartel Offence and Company Director Disqualification
Concurrency
Appeals
Article 267 References
Enterprise Act 2002: market studies and market investigations
Introduction
Overview of the Provisions on Market Investigation References
Super-Complaints
OFT Market Studies
Market Investigation References
Public Interest Cases
Enforcement
Supplementary Provisions
The Market Investigation Provisions in Practice
Orders and Undertakings Under the Fair Trading Act 1973
The international dimension of competition law
Introduction
Extraterritoriality: Theory
The Extraterritorial Application of US Competition Law
The Extraterritorial Application of EU Competition Law
The Extraterritorial Application of UK Competition Law
Resistance to Extraterritorial Application of Competition Law
The Internationalisation of Competition Law
Horizontal agreements (1)-cartels
The Hardening Attitude of Competition Authorities Worldwide Towards Cartels
The European Commission's Approach to Cartels
Horizontal Price Fixing
Horizontal Market Sharing
Quotas and Other Restrictions on Production
Collusive Tendering
Agreements Relating to Terms and Conditions
Exchanges of Information
Advertising Restrictions
Anti-Competitive Horizontal Restraints
UK Law
Horizontal agreements (2)-oligopoly, tacit collusion and collective dominance
Introduction
The Theory of Oligopolistic Interdependence
Article 101
Article 102 and Collective Dominance
UK Law
Horizontal agreements (3)-cooperation agreements
Introduction
Full-Function Joint Ventures
The Application of Article 101 to Horizontal Cooperation Agreements and the Commission's Guidelines on Horizontal Cooperation Agreements
Information Agreements
Research and Development Agreements
Production Agreements
Purchasing Agreements
Commercialisation Agreements
Standardisation Agreements
Other Cases of Permissible Horizontal Cooperation
The Application of the Chapter I Prohibition in the UK Competition Act 1998 to Horizontal Cooperation Agreements
Vertical agreements
Introduction
The Distribution Chain
Vertical Integration
Commercial Agents
Vertical Agreements: Competition Policy Considerations
Vertical Agreements: Article 101(1)
Vertical Agreements: Regulation 330/2010
The Application of Article 101(3) to Agreements that do not Satisfy the Block Exemption
Regulation 461/2010 on Motor Vehicle Distribution
Sub-Contracting Agreements
UK Law
Abuse of dominance (1): non-pricing practices
Introduction
Exclusive Dealing Agreements
Tying
Refusal to Supply
Non-Pricing Abuses that are Harmful to the Internal Market
Miscellaneous Other Non-Pricing Abuses
Abuse of dominance (2): pricing practices
Introduction
Cost Concepts
Exploitative Pricing Practices
Rebates that have Effects Similar to Exclusive Dealing Agreements
Bundling
Predatory Pricing
Margin Squeezing
Price Discrimination
Pricing Practices that are Harmful to the Single Market
The relationship between intellectual property rights and competition law
Introduction
Licences of Intellectual Property Rights: Article 101
Technology Transfer Agreements: Regulation 772/2004
The Application of Article 101 to Other Agreements Relating to Intellectual Property Rights
Article 102 and Intellectual Property Rights
UK Law
Mergers (1)-introduction
Introduction
Terminology
Merger Activity
The Proliferation of Systems of Merger Control
Why Do Firms Merge?
What is the Purpose of Merger Control?
Designing a System of Merger Control
Mergers (2)-EU law
Introduction
Overview of EU Merger Control
Jurisdiction
Notification, Suspension of Concentrations, Procedural Timetable and Powers of Decision
Substantive Analysis
Remedies
Powers of Investigation and Enforcement
Judicial Review.891
International Cooperation
The EUMR in Practice
Mergers(3)-UKlaw
Introduction
Overview of UK Merger Control
The OFT's Duty to Make References
Determination of References by the CC
The'Substantial Lessening of Competition'Test
Enforcement
Supplementary Provisions
The Merger Provisions in Practice
'Public Interest Cases', 'Other Special Cases' and Mergers in the Water Industry
Particular sectors
Introduction
Nuclear Energy
Military Equipment
Agriculture
Coal and Steel
Transport
Regulated Industries
Electronic Communications
Post
Energy
Water
Bibliography
Index