Catalogue - International Encyclopaedia of Laws

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Forthcoming Encyclopaedias International Encyclopaedia of Laws Competition Law Editor: Prof. Dr. Francesco Denozza E-mail: francesco.denozza@nctm.it Editor: Prof. Dr. Alberto Toffoletto E-mail: alberto.toffoletto@nctm.it The law of competition has become increasingly important in the last decades, while markets have overcome national and continental boundaries and many economic sectors tend to concentrate towards oligopoly structures. Moreover, the international dimension of many industries often requires commercial lawyers to consider the antitrust implications of deals and M&A operations in several jurisdictions at the same time. The International Encyclopaedia on Competition Law aims at providing an in-depth description of the antitrust laws of more than 30 Countries, including the U.S. Federal Acts and the legislation of the European Community. Each monography will include a description of the substantial as well as the procedural rules of a particular jurisdiction and will provide a description of the leading cases, together with an essential bibliography. The national monographs follow the outline below. GENERAL INTRODUCTION 1. General Background of the Country 2. The Economic System 3. The Legal System 4. Historical Background of Antitrust Law Part I. The structure of antitrust law and its enforcement SOURCES OF ANTITRUST LAW 1. National Sources 2. International Sources 3. Secondary Sources a. Regulations b. Guidelines 4. Sources’ Relation and Hierarchy 5. Role and authority of precedents SCOPE OF APPLICATION 1. Territorial reach 2. Special Sectors 3. State owned Enterprises and Public Utilities 4. Sensible Effect and De Minimis OVERVIEW OF SUBSTANTIVE PROVISIONS 1. Restrictive Agreements 2. Dominant Undertakings 3. Concentrations 48 4. Other prohibitions 5. Tests of illegality a. Per se prohibitions and naked restraints b. Balancing tests c. Merger tests OVERVIEW OF MAIN NOTIONS 1. Undertaking 2. Relevant Market 3. Market Power/Dominant Position 4. Agreements and concerted practices 5. Restriction of competition 6. Monopolisation and abuse of dominance 7. Concentrations 8. Joint Ventures CONSEQUENCES OF VIOLATIONS AND ENFORCEMENT INSTITUTIONS 1. Administrative Enforcement a. The Antitrust Authorities i. Formation, composition ii. Investigating powers iii. Adjudicating powers (ascertaining and sanctioning) iv. Other institutional tasks (Consultancy to Parliament/Government) b. Government direct enforcement activities c. Other Administrative Agencies applying antitrust rules d. Administrative fines e. Administrative injunctions and other restrictive orders f. Interim measures 2. Civil Enforcement a. Competent Civil Courts b. Sanctions i. Nullity ii. Damages iii. Interim measures 3. Criminal Enforcement a. Criminal sanctions for antitrust violations b. Other application of Criminal Law to relevant conducts c. Role of Prosecutors
International Encyclopaedia of Laws Competition Law continued d. Competent Criminal Courts Part II. The application of the prohibitions RESTRICTIVE AGREEMENTS 1. Horizontal agreements a. Cartels i. Price fixing ii. Market/client allocation iii. Production/innovation limitation iv. Group boycott v. Collusion on other objects b. Information exchange practices c. Cooperation agreements i. Research and development ii. Specialisation iii. Standardisation iv. Joint production v. Joint purchasing vi. Joint selling 2. Vertical agreements a. Distribution i. Exclusive distributorship ii. Exclusive dealing iii. Selective distribution iv. Franchising b. Technology licencing i. Patent licencing ii. Trademark licencing iii. Know how and trade secret licencing DOMINANT UNDERTAKINGS’ PROHIBITED PRACTICES 1. Exploitative practices a. Excessive/unfair pricing b. Discrimination 2. Exclusionary practices a. Predation b. Tying c. Rebates d. Refusal to deal e. Price squeeze CONCENTRATIONS 1. Horizontal mergers 2. Vertical mergers 3. Market/product extension mergers 4. Pure Conglomerate mergers 5. Joint ventures 49 Part III. Administrative procedure ADMINISTRATIVE INVESTIGATIONS BEFORE THE ANTITRUST AUTHORITY 1. Initiative a. General sectors inquiries b. Ex Officio investigations c. Complaints 2. Powers a. Requests for information b. Investigating and search powers c. Cooperation with other State Institutions 3. Right of defence a. Content and notification of opening decisions b. The proceedings: hearings, access to file, briefs c. Statement of Objections d. Final Hearing and Decision VOLUNTARY NOTIFICATIONS AND CLEARANCE DECISIONS MERGER CONTROL 1. Preliminary filing obligations a. Criteria and thresholds b. Turnover calculation c. Market share calculation d. Other relevant notions 2. Structure of proceedings a. Preliminary assessment and full investigation b. Time framework c. Right of defence 3. Clearance and conditional clearance a. Conditions and undertakings i. Content ii. Timing 4. Relations with other merger control authorities a. Other authorities within the local Jurisdiction b. International coordination CHALLENGING OF THE ADMINISTRATIVE DECISION 1. Competent Courts 2. Time limits 3. Scope of Judicial Review
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