Exclusive Rights and State Monopolies under EC Law: Article 86 (former Article 90) of the EC Treaty

Hardcover | October 15, 1999

byJose Luis Buendia Sierra

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The understanding of Article 86 (formerly Article 90) of the EC Treaty is vital to any competition lawyer working in Europe. Writing with first-hand experience of dealing with Article 86 cases at DG IV, the author provides the first such detailed examination of this Article and the lawconcerning exclusive rights and State monopolies. Clearly written, with penetrating analysis of the relevant case-law, this study pays attention to all the key areas including: the definition of 'exclusive rights' and 'economic activities', the remedial possibilities offered by the often neglectedArticle 31(formerly Article 37), the application of Article 86(1) in conjunction with the competition rules (Article 82 (formerly Article 86)), proportionality in the context of Article 86(2) and decisions and directives under Article 86(3) and their relationship with harmonization directives. Withpractical insights and intelligent solutions to many of the problems posed by the applications of these rules, Exclusive Rights and State Monopolies under EC Law will become an indispensible work for all practitioners in this field.

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From the Publisher

The understanding of Article 86 (formerly Article 90) of the EC Treaty is vital to any competition lawyer working in Europe. Writing with first-hand experience of dealing with Article 86 cases at DG IV, the author provides the first such detailed examination of this Article and the lawconcerning exclusive rights and State monopolies. C...

Dr Jose Luis Buendia Sierra is Legal Adviser in the Cabinet of EC Commissioner Marcelino Oreja. He was previously an official in Directorate General IV of the Commission, and before that Lecturer in Commercial Law at Zaragoza University, Spain.
Format:HardcoverPublished:October 15, 1999Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019829820X

ISBN - 13:9780198298205

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Table of Contents

Table of CasesTable of Acts of the Community InstitutionsTable of equivalences following the Treaty of AmsterdamList of AbbreviationsPART I: THE CONCEPT OF EXCLUSIVE RIGHTS AND ITS DIFFERENTIATION FROM OTHER RELATED CONCEPTS1. The concept of exclusive rightsI. Defining the conceptII. ExclusivityIII. The grant of the exclusive right as a State measureIV. The grant to an undertaking, public or privateV. The object of the exclusive right: the carrying out of an economic activity.VI. Classes of exclusive rights2. Differentiation between exclusive rights and other related conceptsI. Special rightsII. Regulated access activitiesIII. Intellectual property rightsPART II: THE SUBSTANTIVE LAW OF EXCLUSIVE RIGHTS IN THE EC TREATY3. Article 31 (formerly Article 37) of the EC Treaty and State monopolies of a commercial characterI. Concept of State monopolies of a commercial characterII. Obligations under Article 314. Article 86(1) (formerly 90(1)) of the EC TreatyI. Who the provision is addressed toII. Substantive content of the provisionIII. State measuresIV. Connection of the State measure with public or privileged undertakingsV. Contrary to other TreatyVI. Direct effectVII. Scope of temporary applicationVIII. Similar rules contained in agreements with third countries5. Article 86(1) (formerly Article (90(1)) in conjunction with the Treaty rules addressed to undertakingsI. Application in conjunction with Article 82 (formerly Article 86)II. Application in combination with Article 81 (formerly Article 85)6. Article 86(1) (formerly Article 90(1)) in conjunction with the Treaty rules addressed to Member StatesI. The dual legal nature of Article 86(1) in conjunction with the Treaty rules addressed to Member StatesII. Application in conjunction with the rules relating to the free movement of goodsIII. Application in combination with rules governing the free provision of servicesIV. Application in conjunction with regulations on the freedom of establishment7. The connection between the different Community provisions applicable to exclusive rightsI. Principles of connection in Community lawII. The relationship between Articles 31 (formerly Article 37) and 86 (formerly Article 90)III. The relationship between Articles 86, 31, and the fundamental freedomsIV. The relationship between Articles 86 and 31 and Articles 3, 10, 81, and 82formerly Articles 3, 5, 85 and 86: 8. The exception contained in Article 86(2) (formerly Article 90(2)) of the EC TreatyI. The undertakings to which Article 86(2) appliesII. Article 86(2): an exception applicable to the behaviour of undertakings and to State measuresIII. The conditions necessary for the application of Article 86(2)IV. Invoking Article 86(2) by the Member State or by the beneficiary undertakingV. Connection between Article 86(2) and the other exceptions9. The selection of the identity of the monopolist and Article 43 (formerly Article 52) of the EC TreatyI. Obligation of non-discrimination in the grant of exclusive rights.II. Does an obligation to grant exclusive rights exist?PART III: THE INSTITUTIONAL DIMENSION OF THE RULES RELATING TO EXCLUSIVE RIGHTS IN THE EC TREATYI. Procedures for the application of the Community rulesII. Decisions under Article 86(3) of the EC TreatyIII. Directives under Article 86(3) of the EC TreatyBibliographyIndex

Editorial Reviews

`The book is an exhaustive and thought-provoking analysis of the subject ... it is an engaging, well-structured read.'Mark Panayiotou, World Competition, Law and Economics Review: Vol 23 no 1 March 2000