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Exclusive Rights and State Monopolies under EC Law : Article 86 (former Article 90) of the EC Treaty - Jose Luis Buendia Sierra

Exclusive Rights and State Monopolies under EC Law

Article 86 (former Article 90) of the EC Treaty

Hardcover Published: 1st January 2000
ISBN: 9780198298205
Number Of Pages: 498

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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 law concerning 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 neglected Article 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. With practical 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.

`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

Table of Cases Table of Acts of the Community Institutions Table of equivalences following the Treaty of Amsterdam List of Abbreviations PART I: THE CONCEPT OF EXCLUSIVE RIGHTS AND ITS DIFFERENTIATION FROM OTHER RELATED CONCEPTS 1: The concept of exclusive rights I. Defining the concept II. Exclusivity III. The grant of the exclusive right as a State measure IV. The grant to an undertaking, public or private V. The object of the exclusive right: the carrying out of an economic activity. VI. Classes of exclusive rights 2: Differentiation between exclusive rights and other related concepts I. Special rights II. Regulated access activities III. Intellectual property rights PART II: THE SUBSTANTIVE LAW OF EXCLUSIVE RIGHTS IN THE EC TREATY 3: Article 31 (formerly Article 37) of the EC Treaty and State monopolies of a commercial character I. Concept of State monopolies of a commercial character II. Obligations under Article 31 4: Article 86(1) (formerly 90(1)) of the EC Treaty I. Who the provision is addressed to II. Substantive content of the provision III. State measures IV. Connection of the State measure with public or privileged undertakings V. Contrary to other Treaty VI. Direct effect VII. Scope of temporary application VIII. Similar rules contained in agreements with third countries 5: Article 86(1) (formerly Article (90(1)) in conjunction with the Treaty rules addressed to undertakings I. 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 States I. The dual legal nature of Article 86(1) in conjunction with the Treaty rules addressed to Member States II. Application in conjunction with the rules relating to the free movement of goods III. Application in combination with rules governing the free provision of services IV. Application in conjunction with regulations on the freedom of establishment 7: The connection between the different Community provisions applicable to exclusive rights I. Principles of connection in Community law II. The relationship between Articles 31 (formerly Article 37) and 86 (formerly Article 90) III. The relationship between Articles 86, 31, and the fundamental freedoms IV. 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 Treaty I. The undertakings to which Article 86(2) applies II. Article 86(2): an exception applicable to the behaviour of undertakings and to State measures III. The conditions necessary for the application of Article 86(2) IV. Invoking Article 86(2) by the Member State or by the beneficiary undertaking V. Connection between Article 86(2) and the other exceptions 9: The selection of the identity of the monopolist and Article 43 (formerly Article 52) of the EC Treaty I. 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 TREATY I. Procedures for the application of the Community rules II. Decisions under Article 86(3) of the EC Treaty III. Directives under Article 86(3) of the EC Treaty Bibliography Index

ISBN: 9780198298205
ISBN-10: 019829820X
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 498
Published: 1st January 2000
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 25.4 x 17.6  x 2.9
Weight (kg): 0.95