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Lexis Nexis 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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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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Featured Authors
Stephen Spinks, Esq.
Stephen Spinks, Esq.
Described by clients as "someone who really knows his stuff" (CHAMBERS GLOBAL 2012) and as "client-orientated, experienced and approachable" (CHAMBERS EUROPE 2014), Stephen Spinks has EU competition law experience spanning more than 30 years. In 1977, he obtained a masters in international and comparative law at the University of Brussels, where he wrote and later published his masters' thesis on the competition law assessment of joint ventures. Following his service as an intern with what is now DG Competition at the European Commission, Steve worked from 1979 to 2005 as an associate and later partner in the competition law practice of Coudert Brothers' Brussels office, and served from 2003 to 2005 as co-head of Coudert's global antitrust practice. In 2005, he joined Sidley Austin, where he launched Sidley's highly regarded European competition law practice. He has served as managing partner of Sidley's Brussels office since 2009.
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
