| Author (Person) | Thomson, Ian |
|---|---|
| Publisher | Chadwyck-Healey Ltd |
| Series Title | European Access |
| Series Details | No.2 April |
| Publication Date | April 1998 |
| ISSN | 0264-7362 |
| Content Type | Overview |
|
On 20 January 1998 the Commission held a press conference in Brussels to mark forty years of European Community competition policy, one of the most important, if least understood, Community policies. The need for a competition policy has been explained in straightforward terms: Competition means more customer choice. It also means lower prices. The consumer's best guarantee for obtaining quality goods and services at competitive prices is to have a number of suppliers competing for his business. Free and open competition is a cornerstone of our market-based economic system. This is why the European Community has consistently made competition policy a high priority... The Community has put in place a set of rules to make sure that throughout the EC firms are operating on a fair basis and that customers get the benefits to which they are entitled ... Governments can also sometimes distort competition by subsidising some firms so that they gain an unfair competitive advantage over their rivals. Every year, the European Commission investigates well over 1,000 alleged breaches of Community rules. It has the powers to order illegal practices to cease and to impose fines on the most serious corporate offenders. Source: Competition policy in the European Community (Europe on the Move, 1992) Within the European Commission it is the function of Directorate-General IV to establish and implement a coherent competition policy for the European Union. Community competition policy centres predominantly on the following areas: - cartels - dominant positions - selective distribution systems - mergers and take-overs - state aids - liberalisation and state intervention DG IV also deals with the international dimension of competition policy. Legal supervision of the Commission's actions belongs to the European Court of Justice and the Court of First Instance, which deal with actions brought against the Union's institutions over competition rules and other issues. The aim of this 'Bibliographic snapshot' is to present the key primary and secondary information sources relating to EU competition policy. The bibliography concentrates on sources published since 1994. Older sources can be traced in the sources noted in Section A 'Bibliographical sources' below. The bibliography is divided into the following sections: A General - Bibliographic sources B Mergers C State aids D International dimension E Current issues - The future A General: This bibliography concentrates on recent sources of information. An excellent bibliographical guide to primary sources for the period up to 1978 is provided by: 1. Hopkins, Michael Policy formation in the European Communities: A bibliographical guide to Community documentation 1958-1978. Chapter 4: The common market, p60-62 Academic literature for the period up to 1983 can be traced in: 2. Lodge, Juliet (ed.) The European Community. Bibliographical excursions. Chapter 10: The Customs Union and competition policy, p138-142 Information on the evolution of the publications of DG IV can be found in: 3. Thomson, Ian The documentation of the European Communities: a guide In 1993 European Access published a 'Bibliographic snapshot' called: 4. Thomson, Ian Bibliographic snapshot: The relationship between competition policy and industry policy in the EC European Access, No.4, August 1993, p41-44 An up-to-date listing of EU publications in the area of competition is available on the DG IV's homepage on the Internet: http://europa.eu.int/en/comm/dg04/public//en/public.htm#MENT The CELEX, SCAD, ECLAS and RAPID databases can be used to trace EU sources (and non-EU sources as appropriate) on competition policy. Briefly, the following information can be found within the databases: CELEX: legislative and judicial information SCAD: EU documents and publications, plus articles in journals ECLAS: EU documents and publications, plus monographs and other material in the Commission library RAPID: press releases and other sources of recent information The databases are available as on-line databases from Eurobases or commercial hosts, or on the Internet (see below), while CELEX and SCAD are also available in CD-ROM formats from various commercial operations such as Context, ILI, Technical Indexes, Ellis, Chadwyck-Healey and others. Each issue of European Access lists recent information sources on general and specific aspects of competition policy in Section 6.2 of 'Recent references'. A further concise bibliography has been published by the European Information Association: 5. Fuller, Sue Guide to information on EU competition policy EIA Information Guide Series, No.4 Legislative information Overview information on developments in competition policy can be found in the European Commission's General Report on the Activities of the European Union. In the edition covering 1997, Section 7 of Chapter V deals with competition. There are sections on: priority actions and objectives; competition rules applying to businesses; public enterprises and national monopolies; state aid; international aspects. See also separate Sections in the General Report on subjects such as industrial policy, energy, transport and telecommunications. For the first time the General Report for 1997 is available on the Internet (http://europa.eu.int/abc/doc/off/index-en.htm) as well as in printed form. In addition to the General Report, the Commission is also obliged to publish a more detailed annual Report on Competition Policy (see below). Subsequent developments are noted in the monthly Bulletin of the European Union, available in a printed and Internet format (http://europa.eu.int/abc/doc/off/bull/en/welcome.htm). The annual Review of the Council's Work does not have a separate section on competition policy, but the subject is dealt with as it relates to other policy areas in each edition. Bibliographical details of current adopted EU legislation in the area of competition can be found in the bi-annual Directory of Community Legislation in Force.... The relevant section is Section 08: Competition Policy. Bibliographical details of current proposals in the legislative process can be located in an annexe in the General Report on the Activities of the European Union. Also of value here is the European Parliament Legislative Observatory database (OEIL) accessible on the Internet (http://www.europarl.eu.int/dors/oeil/en/). For a summary of EU legislation in the area of competition see the SCADPLUS database on the Internet (http://europa.eu.int/comm/sg/scadplus/leg/en/l12000.htm). At the time of writing the section on competition was not complete but presumably will be in the near future. Commission Decision's relating to competition are published in the 'L' series of the Official Journal of the European Communities (OJ) and in CELEX. For convenience DG IV has also brought them together into a series called Reports of Commission Decisions Relating to Competition. Articles 85, 86 and 90 of the EC Treaty. At the time of compilation six volumes have been published covering the years 1973-1994. In 1996 DG IV also published in a single volume Reports of Commission Decisions Relating to State Aid. Article 93, paragraph 2 (Negative Final Decisions) covering the years 1973-1995. Details of investigations to be launched and other miscellaneous information such as Notices are published in the 'C' series of the OJ. They are listed in the Report on Competition Policy (see below). Also published in the 'C' series of the OJ is brief information on Phase 1 decisions of the Commission relating to the Merger Regulation (EEC) No.4064/89. These decisions in a fuller form, but without any confidential information, can also be accessed through CELEX and can be subscribed to as a separate series through EUR-OP. Phase II decisions (cases where the Commission is unable to approve the merger under Article 6 of the Regulation) are, whether favourable or unfavourable, published in the 'L' series of the OJ. For recent legislative developments in the area of competition see DG IV's homepage on the Internet (see below). A large number of EU legislative texts in the area of competition are now available on the Internet at http://europa.eu.int/en/comm/dg04/typdoc/en/typdoc.htm. This includes Regulations, Directives, Decisions, Recommendations, Resolutions, Guidelines, Notices, Letters, Communications, Green Papers, etc. Related News Release-type material can also be accessed on the RAPID database. By inserting 'COMPOL' as a descriptor and choosing the date to be covered it is possible to draw up recent Commission Press Releases in the area of competition policy. Press releases are routinely issued to cover many decisions and other actions of DG IV. Report on Competition Policy Since 1971 the Commission has prepared for the European Parliament an annual Report on Competition Policy. In previous years this has been publicly available first as a COM Document and then subsequently reprinted as a full publication. However, for the report covering the year 1996, the working document of the Commission remained a SEC Document (SEC (97)628 final). The published version was available only as: 6. European Commission, DG IV XXVIth Report on Competition Policy 1996 The text is also available in pdf format on the Internet: http://europa.eu.int/comm/dg04/public/en/repo.htm The report is divided into two parts: Part One comprises a major review of developments over the year with the following headings: Antitrust: Articles 85 and 86; State monopolies and monopoly rights; merger control; state aid; international co-operation; information policy. For the first time, the 1996 report also included a chapter on future policy and initiatives. Part Two, the larger part of the report, is called 'Report on the application of the competition rules in the European Union' and is a detailed and factual description of the application of EC competition policy during the year under the same headings as in Part One, with bibliographical references to further sources of information where appropriate. In addition there are sections on 'the application of competition rules in the Member States', 'Statistics', 'Studies', and reactions to the previous year's report. For the past few years the Commission has, in addition, published Part One of the Report in a separate freely available printed version. The latest edition is: 7. European Commission, DG IV European Community competition policy 1996 Competition law in the European Communities 8. European Commission, DG IV Competition law in the European Communities. Volume IA. Rules applicable to undertakings. Situation at 30 June 1994 Notes: Volume IB: Explanation of rules applicable to undertakings is to be published during 1998. An addendum to Volume IA covering the situation up to 1 March 1995 has also been published (ISBN: 92-827-0233-2). 9. European Commission, DG IV Competition law in the European Communities. Volume IIA. Rules applicable to State aid. Situation at 31 December 1994 10. European Commission, DG IV Competition law in the European Communities. Volume IIB. 11. European Commission, DG IV The above references (8-11) comprise the latest, much expanded, edition of a title first published in 1972 in one volume and then called 'Competition law in the European Economic Community and in the European Coal and Steel Community'. The title contains the consolidated texts of EC legislation, rules and other official information such as the text of Notices in the area of competition at the time of compilation. Studies and other recent miscellaneous reports DG IV commissions a large number of detailed studies and reports each year on subjects pertinent to its responsibilities. The Report on Competition Policy lists the studies commissioned and completed for the Commission during the year and provides a summary of their contents, except where the contents are confidential. The listing also makes clear whether the full report has been, or will be, published. For details of such titles published in the 1980s, see 'The documentation of the European Communities' (Mansell, 1989, p88-89) Below is a selection of titles published more recently: (titles relating to mergers, state aids and the international dimension are listed in Sections B, C and D below) 12. European Commission, DG IV Brochure concerning the competition rules applicable to undertakings as contained in the EEA Agreement and their implementation by the EC Commission and the EFTA Surveillance Authority Document 13. European Commission, DG IV Cost allocation and cross subsidies Document 14. European Commission, DG IV L'impact de l'autorisation de la fourniture de services de télécommunications libéralisés parles câblo-opérateurs. Rapport final Document 15. European Commission, DG IV Proceedings of the Second Seminar on European Union-Japan competition policy, Brussels, 16 September 1994 16. European Commission, DG IV Competition aspects of interconnection agreements in the telecommunications sector Document Related publications: Competition Policy Newsletter, Vol.1, No.4, Spring 1995, pl 17. European Commission, DG IV Surveys of the Member States' powers to investigate and sanction violations of national competition laws Document Related publications: Competition Policy Newsletter, Vol.1, No.4, Spring 1995, p13 18. European Commission, DG IV Information exchanges among firms and their impact on competition. June 1994. Revised February 1995 Document 19. European Commission, DG IV Study on the impact of liberalisation of inward cross-border mail on the provision of the universal postal service and the options for progressive liberalisation. Final report Document 20. European Commission, DG IV Competition aspects of access pricing Document 21. European Commission, DG IV The institutional framework for the regulation of telecommunications and the application of EC competition rules Document 22. European Commission, DG IV Interim report of the Multimodal Group Document Notes: The Final Report of the Multimodal Group was issued in November 1997 (ISBN: 92-828-2934-0). It is also available on the Internet (http://europa.eu.int/en/comm/dg04/public/en/multimod.pdf) 23. European Commission, DG IV Survey of the Member State national laws governing vertical distribution agreements Document 24. European Commission Draft Communication ... on the application of the competition rules to access agreements in the telecommunications sector. Framework, relevant markets and principles Related publications: Official Journal C76, 11.3.97, p9 25. European Commission Green Paper: Vertical restraints in EC competition policy Notes: The full text and a summary are available on the Internet at http://europa.eu.int/en/comm/dg04/entente/other.htm Related publications: Competition Policy Newsletter, Vol.1, No.5, Summer 1995, p7; Press Release (European Commission), IP/96/35 (22.1.97); Economic Papers (European Commission, DG II), No.119, November 1996; Official Journal C244, 11.8.97, p38 (CoR Opinion); European Parliament Session Document Series A. Committee Reports of the European Parliament A4-24/97 (EP Report); Official Journal C286, 22.9.97, p326 (EP Resolution); Official Journal C296, 29.9.97, p17 (Economic and Social Committee Opinion); The Economist, No.8002, 1.2.97, p100 26. European Commission Report ... on the application of the Agreement between the EC and the USA ... regarding the application of their competition laws. 1 July 1996 to 31 December 1996 27. European Commission Memorandum ... Application of the competition rules to air transport COM (97)218 final (16.5.97) Related publications: Official Journal C165, 31.5.97, p13; Air transport and EC competition law (Sweet and Maxwell, 1994); European air transport law and competition (Wiley, 1997) 28. European Commission, DG IV The application of Articles 85 and 86 of the EC Treaty by national courts in the Member States Document 29. European Commission, DG IV Dealing with the Commission. Notifications, complaints, inspections and fact-finding powers under Articles 85 and 86 of the EEC Treaty 30. European Commission, DG XV/II Competition issues Single Market Review, Subseries V, Vol.3 31. European Commission, DG XV The impact of Community law on the domestic legal systems of the Member States. Competition law Competition Policy Newsletter and other introductory EU sources In 1994 DG IV of the Commission launched the Competition Policy Newsletter in an attempt to inform the outside world of recent cases and activities of the Commission in the competition policy field. In addition to reproducing the texts of recent speeches by the EU Commissioner for Competition and other officials, articles on aspects of EU competition policy by EU officials, each issue gives summaries of the most important recent developments in the following areas: anti-trust rules; mergers; liberalisation and state intervention; state aid; and international. In addition each issue provides information on the latest publications from DG IV. Competition Policy Newsletter is currently published three times a year (from 1998, in February, June and October) and is freely available by contacting: EUR-OP, MER 195 (Competition), 2, rue Mercier, L-2985, Luxem bourg. Please state which language is required, although not all material in each issue is translated. The newsletter can also be accessed on the Internet: http://europa.eu.int/en/comm/dg04/newsle/en/index.htm 32. European Commission, DG X EEC competition policy in the Single Market European Documentation, No.1, 1989 33. European Commission, DG X Competition policy in the European Europe on the Move Further introductory information can be found on the DG IV homepage on the Internet (see below). Notices The text of Notices can usually be found on the Internet at: http://europa.eu.int/en/comm/dg04/typdoc/en/typ222.htm# A selection of recent Notices can also be found in the following print sources: 34. European Commission Commission notice on the de minimis rule for State aid Official Journal C68, 6.3.96, p9 Related publications: European Law Review, Vol.20, No.3, June 1995, p289 35. European Commission Commission notice on the definition of relevant markets for the purposes of Community competition law Official Journal C372, 9.12.97, p5-13 36. European Commission Notice on agreements of minor importance which do not fall within the meaning of Article 85(1) of the Treaty establishing the EC Official Journal C372, 9.12.97, p13-15 Related publications: Press Release 37. European Commission Notice ... on the application of the competition rules to the postal sector and on the assessment of certain State measures relating to postal services Official Journal C39, 6.2.98, p2-18 Related publications: Official Journal C322, 2.12.95, p3; COM (96)480 final (17.10.96); Official Journal C20, 20.1.97, p159 (EP Resolution); European Parliament Session Document Series A. Committee Reports of the European Parliament A4-388/96 (EP Report); European Voice, Vol.3, No.4, 30.1.97, p28 38. European Commission Commission notices on the concepts of full function joint ventures/concentration/undertakings/calculation of turnover under Council Regulation (EEC) No.4064/89 on the control of concentrations between undertakings/ Commission notice concerning alignment of procedures for processing mergers under the ECSC and EC Treaties/Information on the assessment of full-function joint ventures pursuant to the competition rules of the EC* (abbreviated) Official Journal C66, 2.3.98, p1-38 Key monographs and journal articles 39. House of Lords, Select Committee on the European Communities Enforcement of Community competition rules 1st Report (1993-94) HL7 40. McGowan, F. EC Competition policy in The economies of the European Community, 4th ed., p173-89 41. Nicolaides, Phedon/Klugt, Arianne van der (eds) The competition policy of the European Community 42. Bachtler, John (et al.) EC competition policy and regional aid in European Regional Incentives 1994-95, 14th ed., p88-109 43. Europe's unlevel playing field The Economist, No.7866, 4.6.94, p19(editorial) 44. Vesterdorf, Bo Complaints concerning infringements of competition law within the context of European Community law Common Market Law Review, Vol.31, 45. Korah, Professor Valentine An introductory guide to EC competition law and practice, 5th ed. Related publications: Cases and materials on EC competition law (Sweet and Maxwell, 1996) 46. Yarrow, George Limiting the powers of competition policy European Brief, Vol.2, No.6, March-April 1995, p52-3 47. Wolf, Dieter Keeping politics out of competition European Brief, Vol.2, No.6, March-April 1995, p51-2 48. Morgan, Eleanor J. Competition policy in the European Union in The economics of the New 49. Slynn, Lord/Pappas, Spyros A. (eds) Procedural aspects of EC competition law 50. Sun, Jeanne-Mey/Pelkmans, Jacques Regulatory competition in the Single Market Journal of Common Market Studies, Vol.33, No.1, March 1995, p67-89 51. Fitzpatrick, Edmund/ Davison, Leigh Regulating competition in the EC in European business. Text and cases, p52-66 52. Hodges, Michael Promoting competition in the European Union Discussion Papers of the Jean Monnet Group of Experts 53. Wilks, Stephen/ McGowan, Lee Disarming the Commission: The debate over a European Cartel Office Journal of Common Market Studies, Vol.33, No.2, June 1995, p259-73 54. Bouterse, Rosita B. Competition and integration: what goals count? European Monograph, No.8 55. Buigues, Pierre (ed., et al.) European policies on competition, trade and industry. Conflict and complementaries 56. Subsidiarity in EC competition law enforcement Common Market Law Review, Vol.32, No.1, February 1995, p1-5 57. Ehlermann, Claus-Dieter Reflections on a European Cartel Office Common Market Law Review, Vol.32, No.2, April 1995, p471-86 58. Shaw, Jo A review of recent cases on Articles 85 and 86EC: issues of substantive law / procedural issues European Law Review, Vol.20, No.1, February 1995, p66-96 59. Hawk, Barry E. System failure: vertical restraints and EC competition law Common Market Law Review, Vol.32, No.4, August 1995, p973-89 60. Jones, Tim Tough performance earns praise and criticism in equal measures European Voice, Vol.1, No.12, 21.12.95, p15 61. Holmes, Katherine Trying to become competitive without at the same time becoming confused European Brief, Vol.3, No.2, February 1996, p45-46 62. Union of Industrial and Employers' Confederations of Europe Modernising EU competition policy. 63. Waelbroeck, Denis/Fosselard, Denis Should the decision-making power in EC anti-trust procedures be left to an independent judge? The impact of the European Convention on Human Rights on EC anti-trust procedures Yearbook of European Law, Vol.14,1995, p112-42 64. Forrester, Ian S./Norall, Christopher Competition law Yearbook of European Law, Vol.14, 1995, p439-539 Related publications: Yearbook of European Law, Vol.13, 1993, p428-84; Yearbook of European Law, Vol.12, 1992, p547-633; Yearbook of European Law, Vol.16, 1996, p455-557 65. Harrop, Jeffrey European Union competition policy in The European Union handbook, p167-76 66. Barrass, Robert/ Madhavan, Shobhana Competition policy in European economic integration and sustainable development, p133-47 67. Kirkbride, James/ Scholes, Jeremy EC competition law in European business law, p55-75 68. Santa Maria, Alberto The rules governing competition and concentration of undertakings in EC commercial law, p233-324 69. Beneyto, José Maria Transforming competition law through subsidiarity in Collected courses of the Academy of European Law 1994. European Community law. 70. Van Mourik, Aad (ed.) Developments in European competition policy 71. Art, I-Y./Van Liedekerke, D. Developments in EC competition law in 1995: an overview Common Market Law Review, Vol.33, No.4, 1996, p719-75 Related publications: CMLR, Vol.32, No.4, August 1995, p921 (1994 review) 72. Allen, David Competition policy: Policing the Single Market (in Policy-making in the European Union, 3rd ed., p157-83) OUP, 1996 73. Goyder, Joanna EC distribution law, 2nd ed. European Law Series 74. Clasen, Thomas F./Cabou, Christian G. EC regulation of agency and distribution agreements in European Union law after Maastricht. A practical guide for lawyers outside the Common Market, p157-208 75. Maitland-Walker, Julian Competition laws of Europe Butterworths, 1996 76. Johnson, Stephen EC competition law in European Union law after Maastricht. A practical guide for lawyers outside the Common Market, p341-59 77. Walz, Robert Rethinking Walt Wilhelm, or the supremacy of Community competition law over national law European Law Review, Vol.21, No.6, December 1996, p449-64 78. Murphy, Marian/ Pretscheker, Udo Public support to industry OECD Observer, No.204, February-March 1997, p11-14 79. Holmes, Simon/ Stokes, Hugh Trends in competition policy in CBI European Business Handbook 1997, p303-305 80. Jovanovic, Miroslav N. Competition policy in European economic integration. Limits and prospects, p130-67 81. Jones, C (et al.) EC competition law handbook 1996 Notes: New edition published annually 82. Alexiadis, Peter Current EC competition law Sweet and Maxwell, 1997 83. Wils, Wouter P. The Commission Notice on the non-imposition or reduction of fines in cartel cases: a legal and economic analysis European Law Review, Vol.22, No.2, April 1997, p125-40 84. Kerse, C.S. The complainant in competition cases: a progress report Common Market Law Review, Vol.34, No.2, April 1997, p213-65 85. Celli, Riccardo/ Grenfell. Michael Merger control in the United Kingdom and European Union Kluwer Law International, 1997 86. Art, J.Y./Van Liedekerke, D. Developments in EC competition law in 1996: an overview Common Market Law Review, Vol.34, No.4, August 1997, p867-93 87. Ehlermann, Claus Dieter/ Laudati, Laraine L. Robert Schuman Centre Annual on European Competition Law 1996 88. Bishop, Simon The use of economic analysis in EC competition law Competition Law in Practice 89. Maher, Imeld Alignment of competition law in the European Community Yearbook of European Law, Vol.16, 1996, p223-242 Price: £110.00 90. EC and UK competition procedure Butterworths Competition Law Series Butterworths, 1998 See also reference E9. In addition, Sweet and Maxwell publish a journal called European Competition Law Review (articles from this journal are not currently indexed in European Access). Internet sources The Internet has become a significant and valuable source of information on EU activities in the last year. Urls (addresses) for particular documents and publications are mentioned throughout this 'Bibliographic snapshot'. DG IV of the European Commission maintains a substantial homepage on the EU's EUROPA server: http://europa.eu.int/en/comm/dg04/dg4home.htm. First it gives information on the 'Mission' and a 'Directory' of DG IV. Next it lists publications, speeches and articles that are available in full text. This includes the Report on Competition, Competition Policy Newsletter many one-off publications and the text of speeches by the Commissioner and other officials of DG IV. It also gives a connection to the monthly Bulletin of the European Union, which has a section on developments in EU competition policy in each issue. The rest of the DG IV site is divided into five sections: General; Mergers; Liberalisation; State aid; International and allows connections to information in relevant press releases, Official Journals, legislation, Decisions, Court of Justice judgments, and other documents. DG IV's homepage also provides a 'What's new' feature, an index of contents, a search facility and a mail-box. An additional page on EUROPA can be found at: http://europa.eu.int/pol/comp/en/info.htm. This provides a brief summary of the objectives, instruments and procedures of EU competition policy. The urls for the main EU databases are as follows: CELEX: http://europa.eu.int/celex/htm/celex_en.htm SCAD: http://europa.eu.int/scad ECLAS: http://europa.eu.int/eclas RAPID: http://europa.eu.int/en/comm/spp/rapid.html Look out also for the new EUR-Lex service due to be launched in the spring of 1998: http://europa.eu.int/eur-lex The Organisation for Economic Co-operation and Development also provides substantial information on competition policy on its homepage: http://www.oecd.org/daf/ccp/. It should be remembered that the Acrobat reader software will be needed to download many of the more substantial documents. The OECD homepage also provides connections to many other relevant sites in Europe and elsewhere. Look out also for the competition pages on the EUbusiness site: (http://www.eubusiness.com/competit/index.htm). At the time of compilation of this feature it was not a substantial site, but may develop. Organisation for Economic Co-operation and Development (OECD) The Organisation for Economic Co-operation and Development (OECD) is a further international organisation concerned with competition law and policy. The OECD Committee on Competition Law and Policy aims primarily to promote common understanding and co-operation among competition policy authorities and officials. The members of the Committee are the competition authorities (or anti-trust authorities) in each of the OECD member countries (which includes all EU Member States). Public and government interest in the work of the Committee has grown in recent years reflecting the growing recognition of the importance of competition as a means of improving economic performance and consumer welfare. The subjects under the remit of the Committee include: The Committee acts in several ways: 91. Organisation for Economic Co-operation and Development Competition policy on OECD countries 1993-1994 B Mergers: 1. Neven, Damien (et al.) Merger in daylight. The economics and politics of European merger control 2. Fine, Frank L. Mergers and joint ventures in Europe. European Business Law and Practice Series Related publications: EC merger control. 3. Portwood, Timothy G. Mergers under EEC competition law European Community Law Series, No.7 4. Organisation for Economic Co-operation and Development Merger cases in the real world. A study of merger control procedures OECD, 1994 5. European Commission, DG II Competition and integration. 6. Griffiths, Alan European merger control policy British Economy Survey, Vol.24, No.1, Autumn 1994, p42-46 7. Bulmer, Simon Institutions and policy change in the European Communities: the case of merger control Public Administration, Vol.72, No.3, Autumn 1994, p423-44 8. European Commission, Spokesman's Service Commission increases transparency and efficiency in the implementation of EC Merger Control Press Release, IP/94/1283 (22.12.94) Related publications: Official Journal L377, 31.12.94, p1; Official Journal C385, 31.12.94, p1 9. Downes, Professor T.A./MacDougall, David S. Significantly impeding effective competition: substantive appraisal under the Regulation European Law Review, Vol.19, No.3, June 1994, p286-303 10. European Commission, DG IV New industrial economics and experiences from European merger control. New lessons about collective dominance Document 11. Davison, Leigh/ Fitzpatrick, Edmund Brussels and the control of merger activity in the EU in The European competitive environment: Text and cases, p26-43 12. Wilks, Stephen/ McGowan, Lee Discretion in European merger control: the German regime in context Journal of European Public Policy, Vol.2, No.1, March 1995, p41-67 13. Hawk, Barry E./Huser, Henry L. European Community merger control: a practitioner's guide 14. European Commission, DG IV Merger control law in the European Union 15. European Commission, DG IV European conglomerate firms: a report Document 16. Cook, C.J./Kerse, C.S. EC merger control, 2nd ed. Competition Law in Practice 17. Griffin, Joseph P. Mergers, joint ventures and takeovers in European Union law after Maastricht. A practical guide for lawyers outside the Common Market, p425-66 18. Broberg, Morten EC merger control European Management Journal, Vol.14, No.6, December 1996, p622-7 19. Snelders, Robbert Developments in EC merger control in 1995 European Law Review, Competition 20. Kassamali, Reyaz A. Reviewing the EC Merger Regulation's Community dimension-thresholds in the light of economics and experience in merger control European Law Review, Competition Law Survey 1996, pCC89-114 21. European Commission Green Paper on the review of the Merger Regulation Notes: The text of the Green Paper, plus subsequent related documents, are available on the Internet at: http://europa.eu.int/en/comm/dg04/merger/other.htm Related publications: Press Release (European Commission), IP/96/97 (31.1.96); Press Release (European Commission), IP/96/629 (10.7.96); Official Journal C295, 7.10.96, p17 (Economic and Social Committee Opinion); European Parliament Session Document Series A. Committee Reports of the European Parliament A4-339/96 (EP Report); Official Journal C362,2.12.96, p145 (EP Resolution). See also Official Journal C388, 31.12.94, p41; Official Journal C18, 22.1.96, p21 (Economic and Social Committee Opinions on the Merger Regulation) 22. House of Commons, European Standing Committee B 23. House of Lords, Select Committee on the European Communities Review of the EC Merger Regulation 4th Report (1995-96)HL30 24. Council of Ministers Council Regulation (EC) No.1310/97 of 30.6.97 amending Regulation (EEC) No.4064/89 on the control of concentrations between undertakings Official Journal L180, 9.7.97, p1-6 Related publications: Official Journal C350, 21.11.96, p8; COM (96)313 final (12.9.96); Official Journal C56, 24.2.97, p71 (Economic and Social Committee Opinion) 25. Eurostat Mergers and acquisitions in Europe Monthly Panorama of European Industry, No.5, May 1997, p75-90 26. European Commission, DG II Mergers and acquisitions European Economy: Supplement A, No.11, November 1997, p1-15 Notes: This survey of current trends in mergers and acquisitions in Europe appears annually in this series. Previous reports in European Economy: Supplement A, No.7, July 1996, European Economy: Supplement A, No.3, March 1995 and European Economy: Supplement A, No.2, February 1994. 27. Celli, Riccardo/Grenfell. Michael Merger control in the United Kingdom and European Union Kluwer Law International, 1997 28. Broberg, M. Commitments in phase one merger proceedings: the Commission's power to accept and enforce phase one commitments Common Market Law Review, Vol.34, No.4, August 1997, p845-66 29. European Commission Commission Regulation (EC) No.447/98 of 1.3.98 on the notifications, time limits and hearings provided for in Council Regulation (EEC) No.4064/89 on the control of concentrations between undertakings Official Journal L61, 2.3.98, p1-28 Related publications: Official Journal L377, 31.12.94, p1; Official Journal C385, 31.12.94, p1 30. European Commission, Spokesman's service The new merger rules enter into force Press Release, ISEC/98/203 (3.3.98) Related publications: Financial Times, 30.9.97, p2; European Report (Europe Information Service), No.2291,14.2.98, Section III, p4; European Report (Europe Information Service), No.2294, 25.2.98, Section III, pl; Financial Times, 4.3.98, p3 31. The strengthening of the European Commission's controlling powers in EU merger control European Update (Deloitte and Touche Europe Services), No.4, 1997, p9-12 32. Jones, Tim Staff problems hinder merger task force European Voice, Vol.4, No.8, 26.2.98, p28 33. Morgan, Eleanor EU merger control reforms: an appraisal European Management Journal, Vol.16, No.1, February 1998, p110-120 See also reference A38. C State aids: 1. European Commission, Spokesman's Service Commission approve guidelines on state aid for environmental protection Press Release, IP/93/1083 (8.12.93) 2. European Commission, DG IV The effect of different state aid measures on intra-Community competition Document 3. European Commission, DG IV Aid element of government R&D contracts Document 4. European Commission, DG II State aid control in the context of other Community policies European Economy: Supplement A, No.4, April 1994, p1-12 5. European Commission, DG XVII State aid to the European Union coal industry. The experience of Decision 2064/86/ECSC and the new aid framework Energy in Europe, No.23, July 1994, p22-4 Related publications: COM (93)589 final (26.11.93); Official Journal L49, 19.2.94, p1; Official Journal L329, 30.12.93, p12; Official Journal L177, 1.7.86, pl 6. European Commission Application of Articles 92 and 93 of the EC Treaty and Article 61 of the EEA Agreement to state aids in the aviation sector Official Journal C350, 10.12.94, p5-20 Related publications: Information Memo, No.66,1994 (16.11.94) 7. European Commission, London Office State aids Background Report, ISEC/B3/95 (3.95) 8. Barnes, Ian/Barnes, Pamela M. The distortion of competitive forces: state aids in The European competitive environment: Text and cases, p26-43 9. Slotboom, Marco M. State aid in Community law: a broad or narrow definition European Law Review, Vol.20, No.3, June 1995, p289-301 10. European Commission Guidelines on aid to employment Official Journal C334, 12.12.95, p4-9 11. Priess, Hans-Joachim Recovery of illegal state aid: An overview of recent development in the case law Common Market Law Review, Vol.33, No.1, February 1996, p69-91 12. Smith, Michael Integration in small steps: The European Commission and Member State aid to industry West European Politics, Vol.19, No.3, July 1996, p563-82 13. European Commission Community guidelines on state aid for small and medium-sized enterprises Official Journal C213, 23.7.96, p4-9 Related publications: Press Release (European Commission), IP/96/249 (21.3.96) 14. European Commission, DG X Subsidies issue is complex problem for EU officials European Dialogue, No.5, September-October 1996, p2-5 15. European Commission Report ... on the application of the Community rules for state aid to the coal industry in 1994 Related publications: European Voice, Vol.3, No.3, 23.1.97, p28; COM (95)656 final (14.12.95) 16. European Commission, Spokesman's Service Commission adopts a new steel aid code for the years 1997-2002 Press Release, IP/96/1187 (18.12.96) 17. European Commission, DG IV Fifth survey on state aid in the European Union in the manufacturing and certain other sectors Document Notes: Earlier editions were issued as follows: 1st, 1989 (ISBN: 92-825-9535-8); 2nd, 1990 (ISBN: 92-826-0386-5); 3rd, 1992 (ISBN: 92-826-4637-8); 4th, 1995 (ISBN: 92-827-5381-6) Related publications: COM (97)170 final (16.4.97); COM (95)365 final (26.7.95) 18. Ehlermann, Claus Dieter A national remedy Financial Times, 24.2.97, p18 19. European Commission Communication on state aid elements in sales of land and buildings by public authorities Official Journal C209, 10.7.97, p3-5 Related publications: Press Release 20. European Commission Proposal for a Council Regulation (EC) on the application of Articles 92 and 93 of the EC Treaty to certain categories of horizontal State aid Official Journal C262, 19.9.97, p6-9 Related publications: COM (97)396 final (22.7.97) 21. European Commission Community guidelines on state aid to maritime transport Official Journal C205, 5.7.97, p5-15 Related publications: Press Release 22. European Commission Community framework for state aid to the motor vehicle industry Official Journal C279, 15.9.97, p1-44 23. European Commission Community guidelines on State aid for rescuing and restructuring firms in difficulty Official Journal C283, 19.9.97, p2-12 Related publications: Official Journal C368, 23.12.94, p12 24. European Commission, Spokesman's Service Press Release, IP/97/1005 (18.11.97) 25. European Commission, Spokesman's Service Press Release, IP/97/1123 (17.12.97) 26. European Commission, Spokesman's Service State aid for the regions: focus to be on the poorest regions and the real effect on jobs to be taken into account Press Release, IP/97/1137 (17.12.97) 27. Baudenbacher, Carl A brief guide to European state aid law European Business Law and Practice Series Price: £29.00 28. European Commission Communication amending the Community framework for State aid for research and development Official Journal C48, 13.2.98, p2 Related publications: Press Release 29. European Commission, Spokesman's Service State aid: making procedures more transparent Press Release: IP/98/170 (18.2.98) Related publications: European Voice, Vol.3, No.15, 17.4.97, p8; Financial Times, 21.4.97, p21 (major feature); European Report (Europe Information Service), No.2291, 14.2.98, Section III, p2; Financial Times, 18.2.98, p2 30. State aid: the addicts in Europe The Economist, No.8044, 22.11.97, p107 31. Smith, Mitchell P. Autonomy by the rules: The European Commission and the development of state aid policy Journal of Common Market Studies, Vol.36, No.1, March 1998, p55-78 32. Burnside, Alan State aid running out of control European Voice, Vol.4, No.11, 19.3.98, p14 See also references A9 & A10 above. D International dimension: 1. European Commission, DG IV Recent trends of concentration in selected industries of the European Community, Japan and the United States Document 2. European Commission Communication ... concerning co-operation with the United States of America regarding the application of their competition rules 3. European Commission, Spokesman's Service EU-US Agreement on competition policy Press Release, IP/95/393 (20.4.95) Related publications: Official Journal C95, 27.4.95, p45 4. European Commission, DG IV Competition policy in the new trade order: strengthening international co-operation and rules. Report of the Group of Experts Document Notes: The report, with the addition of annexes, was also published in a volume with the same title (ISBN: 92-827-5515-0; EC No.CM-92-95-853-EN-C) Related publications: COM (95)359 final (12.7.95) 5. European Commission, Spokesman's Service EU competition policy, the USA and the air transport sector Speech, No.160, 1995 (7.9.95) 6. Brent, Richard The binding of Leviathan? The changing role of the European Commission in competition cases International and Comparative Law Quarterly, Vol.44, Part 2, April 1995, p255-79 7. Jacquemin, Alexis Towards an internationalisation of competition policy The World Economy, Vol.18, No.6, November 1995, p781-9 8. European Commission Communication ... Towards an international framework of competition rules Related publications: Press Release 9. European Commission, DG IV Study of exchange of confidential information agreements and treaties between the US and Member States of the EU in areas of securities, criminal tax and customs Document 10. Torremans, Paul Extraterritorial application of EC and US competition law European Law Review, Vol.21, No.4, August 1996, p280-93 11. European Commission, DG II Competition policy and trade European Economy: Reports and Studies No.3, 1997, p171-97 12. Globalisation calls for EU collaboration on competition policy IMF Survey, Vol.26, No.12, 23.6.97, p189-90 13. Estrin, Saul (ed.) Competition and economic integration in Europe Price: £39.95 See also reference A11 above E Current issues - the future: 1. European Commission, DG IV The proposal for a European competition agency Competition Policy Newsletter, Vol.2, No.2, Summer 1996, p1-4 2. European Commission, Spokesman's Service Monitoring of the Group Exemption Regulation on Motor Vehicle Distribution (Commission Regulation (EC) No.1479/95 of 28.6.95) Press Release, IP/97/740 (4.8.97) 3. European Commission, DG IV The future of European competition policy Notes: Text of speech by EU Competition Commissioner Karel Van Miert at BASF, Corsendonck, 18.11.98. Only available on the Internet at http://europa.eu.int/en/comm/dg04/speech/seven/en/sp97064.htm 4. European Commission, Spokesman's Service Karel Van Miert submits to the Commission clear guidelines on the method for the setting of fines in the context of European 'anti-trust' legislation Press Release, IP/97/1075 (3.12.97) Related publications: Official Journal C341, 19.12.95, p13; Press Release (European Commission), IP/95/1355 (6.12.95) 5. Johnstone, Chris EU grip on competition weakened European Voice, Vol.3, No.25, 26.6.97, p18 Notes: The Amsterdam Treaty and competition policy. 6. Forrester, Ian S. Questions and answers on EU competition law European Voice, Vol.3, No.26, 3.7.97, p20 7. Korah, Valentine Europe needs tough, clear competition sanctions European Voice, Vol.4, No.1, 8.1.98, p14 8. Johnstone, Chris Making competition a capital issue European Voice, Vol.4, No.2, 15.1.98, p27 Notes: Article suggests that DG IV is hoping that national competition authorities will relieve it of some of its heavy workload. Related publications: European Voice, Vol.3, No.26, 3.7.97, p7 9. Gormley, Laurence (ed.) Current and future perspectives on EC competition law European Monographs, No.14 10. Tucker, Emma Europe's paper mountain Financial Times, 11.2.98, p23 Notes: Major feature in which author argues that DGIV cannot cope with the proliferation of cases it is called upon to investigate. EU competition law should be reformed. 11. Timmins, Nicholas OECD set to reinforce drive against cartels Financial Times, 2.3.98, p6 For further, and subsequent, information sources on EC competition policy see Section 6.2 of 'Recent references' in each issue of European Access. |
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