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Preview: European Competition Law Review

European Competition Law Review



Volume 28, Issue 3, March 2007



Published: Tue, 06 Mar 2007 14:41:23 EST

 



Impulse Ice Cream - Frozen in Time

Tue, 06 Mar 2007 14:41:23 EST

Volume 28, Issue 3, March 2007 p.145
Comments on the assessment of the effectiveness of remedies and the legality of exclusionary abuses by dominant companies, against the backdrop of the impulse ice cream market in the United Kingdom, Derek Ridyard's article "With the Benefit of Hindsight the 2000 UK Impulse Ice Cream Investigation", and the European Commission's discussion paper on Art.82 EC.



The European Commission's Leniency Policy: A Success?

Tue, 06 Mar 2007 14:41:23 EST

Volume 28, Issue 3, March 2007 p.148
A successful leniency programme has a high degree of transparency and predictability of outcome. This paper raises and discusses several interpretive issues regarding recent changes by the European Commission to its leniency programme, which aim to increase these aspects. It highlights certain concerns that would-be leniency applicants may have that could limit the overall success of these changes and the leniency programme.



Failing Firm Defence Under the Clayton Act

Tue, 06 Mar 2007 14:41:23 EST

Volume 28, Issue 3, March 2007 p.158
When competition authorities are assessing mergers involving a failing firm, they are faced with a trade off between the anticompetitive effects of a merger and the social benefits arising from allowing such a merger. This article will present the theoretical underpinnings and the case law practice of the US antitrust authorities as regards the failing firm defence.



Pre-Notification Referral Under the EC Merger Regulation: Simplifying the Route to the One-Stop Shop

Tue, 06 Mar 2007 14:41:23 EST

Volume 28, Issue 3, March 2007 p.167
The revised EC Merger Regulation (ECMR) of 2004 introduced two new procedures to permit notifying parties to apply to the European Commission (the Commission) to have their merger reviewed other than in the way generally contemplated by the ECMR. These have proved popular since their introduction, but both procedures could be revised to make them more efficient and to achieve their goals more effectively: this article sets out proposals for change.



The Pursuit of National Champions: the Intersection of Competition Law and Industrial Policy

Tue, 06 Mar 2007 14:41:23 EST

Volume 28, Issue 3, March 2007 p.172
The relationship between competition law and policy and industrial policy is changing with unpredictable results. The article initially examines whether competition law analysis should include industrial policy considerations, and considers international convergence in this area. The focus then shifts to contextualise rising tension between EC competition law and national industrial policy, and pleads for greater certainty in this volatile relationship.



Compatibility Assessment Under Greek Merger Control: Recent Developments and Practice

Tue, 06 Mar 2007 14:41:23 EST

Volume 28, Issue 3, March 2007 p.187
Law 703/1977 "on the control of monopolies and oligopolies and the protection of free competition" has recently been substantially amended with the aim among others to improve the powers of the Hellenic Competition Commission. This article analyses the provisions of Greek Merger Control, presents the practice of the Hellenic Competition Commission with reference to numerous cases and assesses the relevant legislative changes introduced.



Though Shallst Co-operate New Immunity Guidelines in Germany

Tue, 06 Mar 2007 14:41:23 EST

Volume 28, Issue 3, March 2007 p.197
Whistleblowing has never been more attractive in Germany. The Federal Cartel Office published new guidelines for immunity and leniency in March 2006. It now automatically grants immunity to the first member of a cartel to self-report. Applicants may submit markers, which secure the rank of the applicant but may be perfected later.



Reassessing Borders Between Agreements and Unilateral Practices after Case C-74/04, Volkswagen II

Tue, 06 Mar 2007 14:41:23 EST

Volume 28, Issue 3, March 2007 p.205
This paper looks at the current state of the law on the border between agreements and unilateral practices in EC Competition Law. The ECJ's ruling in the Volkswagen II case dealt with one of the paths for showing that apparent unilateral practices are actually agreements, and it left behind substantial legal uncertainty. For a full picture of the case law, the effects of Adalat and GlaxoSmithKline on the other paths are also reviewed.



Some Economics on the Treatment of Buyer Power in Antitrust

Tue, 06 Mar 2007 14:41:23 EST

Volume 28, Issue 3, March 2007 p.210
Recent cases and inquiries in Europe, in particular in the area of retailing, have raised the issue of buyer power. We attempt in this article both to suggest an appropriate economic framework to deal with buyer power as well as a more detailed analysis of several claims relaing, in particular, to the measurement of buyer power and the potential harm that could ensure from it.



Book Reviews

Tue, 06 Mar 2007 14:41:23 EST

Volume 28, Issue 3, March 2007



An Introduction to Competition Law

Tue, 06 Mar 2007 14:41:23 EST

Volume 28, Issue 3, March 2007 p.220



The Law and Economics of Article 82

Tue, 06 Mar 2007 14:41:23 EST

Volume 28, Issue 3, March 2007 p.220



News Section

Tue, 06 Mar 2007 14:41:23 EST

Volume 28, Issue 3, March 2007 p.N-23