EU Competition Law: Tools for Assessing Business Agreements

Tools for Assessing Business Agreements provides accessible and actionable information about European competition law in the context of business agreements. The goal of Tools for Assessing Business Agreements is to provide high level practical and conceptual guidance and general training for use in understanding the concepts and protocols involved in vetting business agreements for EU competition law compliance.
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2022 Edition
ISBN: 9781663338174
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The goal of Tools for Assessing Business Agreements is to provide high-level practical and conceptual guidance and general training for use in understanding the concepts and protocols involved in vetting business agreements for EU competition law compliance. Tools for Assessing Business Agreements aims to demystify and facilitate application of the European Commission's various sets of guidelines and block exemption regulations.

Some topics in Tools for Assessing Business Agreements include: determining the relevant market; understanding and applying the concept of an "undertaking", examining EU competition law issues related to different categories of business agreements; understanding the EU antitrust "safe harbor" provisions, and evaluating key EU Commission Guidelines (e.g., Vertical Restraints Guidelines, Technology Transfer Guidelines, etc.) with regard to business agreements.

Tools for Assessing Business Agreements aims to provide a practically oriented frame of reference for reaching a working hypothesis on whether a business agreement reduces rivalry resulting in likely appreciable anticompetitive effects and, if so, whether those effects are outweighed by pro-competitive efficiency gains benefitting customers.

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Table of contents

Chapter 1 Competitive Rivalry and Competition Law 

Chapter 2 Products and Markets

Chapter 3 Relevant Markets and Market Shares

Chapter 4 Undertakings and Competitors

Chapter 5 Article 101 and Restrictive Agreements

Chapter 6 Article 102 and Abuse of Dominance

Chapter 7 Agreements Typically Raising EU Competition Law Issues

Chapter 8 Restrictions of Competition by Object

Chapter 9 The EU Antitrust Safe Harbors

Chapter 10 Restrictions of Competition by Effect

Chapter 11 Business Cooperation Agreements Between Competitors

Chapter 12 Vertical Restraints in Distribution and Supply Agreements

Chapter 13 Technology Rights Agreements Relating to Production

Chapter 14 M&A, Subcontracting, IPR and Other Agreements

APPENDIX I Articles 101 and 102 TFEU

APPENDIX II Relevant Product Market Basic Questions

APPENDIX III Relevant Geographic Market Basic Questions

APPENDIX IV Connected Undertakings Basic Questions

APPENDIX V NAAT Rule Basic Questions

APPENDIX VIDe Minimis Notice Basic Questions

APPENDIX VII R&D BER Basic Questions

APPENDIX VIII Specialization BER Basic Questions

APPENDIX IX Vertical BER Basic Questions

APPENDIX X Technology BER Basic Questions

APPENDIX XI Concentration Basic Questions

APPENDIX XII EU Dimension Basic Questions