EUR-Charts

The following entry should read:

…

PART ONE: EU COMPETITION LAW                                                           13

I. Charts: EU Competition Law (Arts. 101 – 109 TFEU) [C-Charts]               13

…

The following entry should read:

…

PART ONE: EU COMPETITION LAW                                                           13

I. Charts: EU Competition Law (Arts. 101 – 109 TFEU) [C-Charts]               13

…

The 2nd box must read:

Importance of the definition of the relevant market

• For the purposes of Art. 102 TFEU, the proper definition of the relevant market is a necessary precondition for any judgment as to allegedly anti-competitive behaviour; Volkswagen (2000); see Chart C30;
• In other contexts (e.g. Art. 101 TFEU, merger control under Regulation 139/2004/EC and sectoral competition law), it may be an important element, e.g. in relation to the effect on trade between Member States and on competition and in relation to product_turnover and market shares; Heubach (2005).

Due to the fact that the Commission Guidelines on horizontal co-operation agreements were published in the Official Journal in 2011, the text in the box entitled “Horizontal agreements” must read:

Horizontal agreements

Agreements between companies operating at the same level(s) in the market, i.e. actual or potential competitors; e.g. between wholesalers; Commission Guidelines on horizontal co-operation agreements (2011)

Due to the fact that the Commission Guidelines on horizontal co-operation agreements were published in the Official Journal in 2011, the text in the box entitled “Block exemption regulations (BERs)” must read:

Block exemption regulations (BERs)

• Vertical restraints: Regulation 330/2010/EU, with Commission Guidelines on Vertical Restraints (2010); see Chart C18;

• Specialisation agreements: Regulation 1218/2010/EU, with Commission Guidelines on horizontal co-operation agreements (2011); see Chart C19;

• Research and development: Regulation 1217/2010/EU, with Commission Guidelines on horizontal co-operation agreements (2011); see Chart C20;

• Technology transfer: Regulation 772/2004/EC, with Commission Guidelines on technology transfer agreements (2004); see Chart C21;

• Motor vehicle distribution: Regulation 461/2010/EU;

• Insurance: Regulation 267/2010/EU, with a Commission Communication on the insurance sector (2010);

• Liner shipping: Regulation 906/2009/EC;

• Air passenger tariffs and slot allocation: Regulation 1459/2006/EC (transitional regime).

Due to the fact that the Commission Guidelines on horizontal co-operation agreements were published in the Official Journal in 2011, the text in the box entitled “Licence” must read:

Licence

• Agreements containing clauses related to licensing may fall foul under Art. 101(1) TFEU. Block exemptions may apply; if licensing is the primary object of the agreement, see Chart C21; for franchise agreements, see Chart C24.

• Inclusion of an IPR in a standard: licensing must be based on fair, reasonable and non-discriminatory terms (FRAND commitment); Commission Guidelines on horizontal co-operation agreements (2011).

The box entitled “… acceptable under certain conditions, Art. 8(2)” (at the bottom, in the middle) should read:

… acceptable under certain conditions,
Art. 8(2)

The concentration is declared compatible with the internal market under certain conditions. The undertakings enter into commitments vis-à-vis the Commission (“remedies”); Commission Notice on remedies (2008).
E.g. Commission Decision Exxon/Mobil (1999), decided under Regulation 4064/89/EEC

Add the following entry:

Commission Notice on remedies (2008)

Commission notice on remedies acceptable under Council Regulation (EC) No 139/2004 and under Commission Regulation (EC) No 802/2004, OJ 2008 C 267/1

C43

Update the following entries:

Commission Communication: Temporary Union framework for state aid measures to support access to finance in the current financial and economic crisis (2010)	Temporary Union framework for State aid measures to support access to finance in the current financial and economic crisis, OJ 2011 C 6/5	C51
Commission Guidelines on horizontal co-operation agreements (2011)	Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements, OJ 2011 C 11/1 (as corrected)	C8, C16, C27

Add the following entry:

Commission Notice on remedies (2008)

Commission notice on remedies acceptable under Council Regulation (EC) No 139/2004 and under Commission Regulation (EC) No 802/2004, OJ 2008 C 267/1

C43

Update the following entries:

Commission Communication: Temporary Union framework for state aid measures to support access to finance in the current financial and economic crisis (2010)	Temporary Union framework for State aid measures to support access to finance in the current financial and economic crisis, OJ 2011 C 6/5	C51
Commission Guidelines on horizontal co-operation agreements (2011)	Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements, OJ 2011 C 11/1 (as corrected)	C8, C16, C27