TABLE OF CONTENTS

 

I. GENERAL PUBLICATIONS

 

II. INTERNATIONAL ORGANIZATIONS

 

A. UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT (UNCTAD)

 

B. WORLD TRADE ORGANIZATION (WTO)

 

C. ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT (OECD)

 

D. INTERNATIONAL CHAMBER OF COMMERCE (ICC)

 

E. GLOBAL COMPETITION FORUM (GCF)

 

F. THE INTERNATIONAL COMPETITION NETWORK (ICN)

 

G. WORLD BANK GROUP

 

III. REGIONAL ENTITIES

 

A. AFRICA

1. African, Caribbean and Pacific Group Of States (APC)

2. Common Market for Eastern and Southern Africa (COMESA)

 

B. ASIA & PACIFIC

 

C. EUROPE

1. European Union (EU)

2. European Free Trade Association (EFTA)

 

D. WESTERN HEMISPHERE

1. Andean Community

2. Free Trade Area of the Americas (FTAA)

3. North America Free Trade Agreement (NAFTA)

4. Organization of American States (OAS)

 

IV. NATIONAL COMPETITION AUTHORITIES AND INTERNATIONAL COOPERATION

 

A. COMPETITION AUTHORITIES

 

B. UNITED STATES COMPETITION AUTHORITIES

 

C. INTERNATIONAL COMPETITION COOPERATION

 

V. NATIONAL COMPETITION LAWS

 

VI. NATIONAL LAW COMMENTARY

 

VII. RESEARCH GUIDES

 

VIII. PERIODICAL LITERATURE

 

A. Bibliographic Resources

 

B. Online Papers – Selected

 

C. Newspapers

 

IX. SPECIALIZED COMPETITION LAW JOURNALS

 

X. SPEECHES AND PRESS RELEASES

 

XI. DICTIONARIES AND GLOSSARIES

 

XII. BIBLIOGRAPHIES

 

XIII. SEARCHING ONLINE CATALOGS

 

XIV. PARTICULAR AREAS OF COMPETITION

 

XV. RECENT INTERNATIONAL COMPETITION CASES IN THE NEWS

 

A. Microsoft

 

B. Boeing / McDonnell Douglas

 

C. General Electric / Honeywell

 

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I. GENERAL PUBLICATIONS

 

Advanced Antitrust Seminar (42^nd: 2003). Practicing Law Institute, 2003.

An annual seminar that is part of the Corporate Law and Practice Course Handbook Series. Focus is on US antitrust law but will also address international issues.

 

Antitrust and American Business Abroad, 3rd ed. James Atwood, Kingman Brewster & Spencer Weber Waller. Clark Boardman Callaghan, 1997-

Text focuses on the application of US antitrust laws to conduct of business in international markets.

 

Antitrust & Trade Regulation Report. Bureau of National Affairs. 1961-

Current awareness resource covering domestic and international regulatory and legal developments affecting restraint of trade. Covers international developments.

 

Antitrust Law: An Analysis of Antitrust Principles and their Application, 2nd ed. Phillip E. Areeda, Herbert Hovenkamp. Aspen Law & Business, 1978-

18 volumes. A premier treatise on US antitrust law.

 

Antitrust Laws and Trade Regulation, 2nd ed. Julian O. von Kalinowski, Peter Sullivan, and Maureen McGuirl. M. Bender, 1996-

 

Competition Law and the World Trade Organisation: The Limits of Multilateralism. Kevin C. Kennedy. Sweet & Maxwell, 2001.

An in-depth study of the history and future development of competition policy within the WTO.

 

Competition Law in Western Europe and the USA. Martijn van Empel (ed.) Kluwer Law International, 1976-

Includes translated legislation, case law, regulations, and policies of the European Union (EU) and Western European countries.

 

Competition Laws Outside the United States. H. Stephen Harris, Jr., et al. (eds.) Section of Antitrust Law, American Bar Association, 2001.

A two volume set that covers competition law from Australia, Brazil, Canada, European Union, France, Germany, Italy, Japan, Mexico and the United Kingdom. Includes text of relevant statutes.

 

Foreign Commerce and the Antitrust Laws, 5th ed. Wilbur L. Fugate. Little, Brown, 1996.

 

The Future of Transnational Antitrust: From Comparative to Common Competition Law. Josef Drexl (ed.) Kluwer Law International, 2003.

A collection of papers from an international group of academic experts.

 

International Antitrust Cooperation Handbook. Section of Antitrust Law, American Bar Association, 2004.

Solid commentary on international cooperation agreements with analysis of the agreements between the US and 17 jurisdictions (including the EU) and the text of all agreements.

 

International Antitrust Law & Policy. Annual Proceedings of the Fordham Corporate Law Institute. Juris Publishing, 19th (1992), 21st (1994) - present.

20th (1993) Annual Proceeding titled: Antitrust in a Global Economy

Each volume contains the proceedings and papers from the Annual Institute.

 

An International Antitrust Primer: A Guide to the Operation of United States, European Union, and Other Key Competition Laws in the Global Economy, 2nd ed. Mark R. Joelson. Kluwer Law International, 2001.

Analysis of U.S. antitrust law as it applies to the international sphere, with similar analysis of European Union competition law, plus summaries of key competition laws from Mexico, Canada, Japan and the United Kingdom.

 

International Competition Law Series (Kluwer Law International):

 

Volume 10: Competition Rules for the 21st Century. Ky Ewing Jr. 2003

 

Volume 7: Limits and Control of Competition with a View to International Harmonization. Jürgen Basedow. 2002

 

Volume 6: EC Competition and Telecommunications Law. Christian Koenig, Andreas Bartosch, and Jens-Daniel Braun. 2002.

 

Volume 5: Competition Policy in the Global Trading System. Clifford Jones and Mitsuo Matsushita. 2002.

 

Volume 4: Guide to the EC Block Exemption for Vertical Agreements. Martin Mendelsohn, Stephen Rose. 2002.

 

Volume 3: International and Comparative Competition Laws and Policies. Yang-Ching Chao, Gee San, Changfa Lo, Jiming Ho. 2001.

 

Volume 2: M&A in Belgium. Wim Dejonghe, Wouter Van de Voorde. 2001.

 

Volume1: Latin American Competition Law and Policy. Ignacio de León. 2001.

 

International Mergers: The Antitrust Process, 3rd ed. J. W. Rowley & D. Baker (eds.) Sweet & Maxwell, 2001-

Includes translations of antitrust/competition legislation.

 

International Legal Materials. American Society of International Law, 1962-

Also available on LEXIS and WESTLAW from 1980 to present.

Selected foreign and international laws and cases in English translation. Publishes materials in very timely manner.

 

Trade Regulation Reporter. 13th ed. Commerce Clearing House, 1988-

7 volumes focusing on US law. Includes text of laws, regulations, guidelines, and decisions with commentary.

 

World Antitrust Law and Practice: A Comprehensive Manual for Lawyers and Businesses. James J. Garrett (ed.) Kluwer Law International, 1995-

Practitioner-oriented commentary on antitrust practice in the US, EU and over 20 countries.

 

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II. INTERNATIONAL ORGANIZATIONS

 

A. UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT (UNCTAD)

 

Competition and Consumer Policies

http://r0.unctad.org/en/subsites/cpolicy/english/indexen.htm

UNCTAD is a permanent intergovernmental body within the United Nations focusing on trade, investment and development in developing countries. Links to UNCTAD documents, competition links, national competition legislation, UNCTAD meetings on competition and the UNCTAD Series on Issues in Competition Law and Policy (a series of substantive papers). (Also publishes the Model Law on Competition, see Section V. National Laws.)

 

Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices, (TD/RBP/CONF/10/Rev.2)

http://r0.unctad.org/en/subsites/cpolicy/docs/CPSet/cpset.htm

Adopted by the United Nations Conference on Restrictive Business Practices under the auspices of UNCTAD. Compliance by member countries is voluntary. One of the objectives of the Set is “[t]he creation, encouragement and protection of competition.” Also published: 19 I.L.M. 813 (1980).

The UN General Assembly adopted the Set in its resolution A/RES/35/63 (Dec. 5, 1980). http://www.un.org/documents/ga/res/35/a35r63e.pdf

A Fourth UN Conference

http://r0.unctad.org/en/subsites/cpolicy/english/cpconf0900.htm

met in 2000 to reaffirm the Principles and to recommend a title change to UN Set of Principles and Rules on Competition.

 

Selections from UNCTAD Series on Issues in Competition Law and Policy:

WTO Core Principles and Prohibition: Obligations Relating to Private Practices, National Competition Laws and Implications for a Competition Policy Framework.

http://www.unctad.org/en/docs//ditcclp20032_en.pdf

(UNCTAD/DITC/CLP/2003/2) Jan. 27, 2004.

 

Application of Competition Law: Exemptions and Exceptions,

http://www.unctad.org/en/docs//ditcclpmisc25_en.pdf

UNCTAD Series on Issues in Competition Law and Policy (UNCTAD/DITC/CLP/Misc.25). January 10, 2003.

 

B. WORLD TRADE ORGANIZATION (WTO)

 

WTO Competition Policy

http://www.wto.org/english/tratop_e/comp_e/comp_e.htm

The work of the WTO on competition focuses on specific trade policy issues. This page includes introductory material, the mandate, work on competition policy in the WTO, and official documents. The Working Group on the Interaction between Trade and Competition Policy (WGTCP) was established at the WTO Singapore Ministerial Conference in December 1996. The WGTCP handles the work and development of competition matters in the WTO. General documents on competition policy bear the document code WT/WGTCP/* (where * takes additional values).

 

Draft International Antitrust Code as a GATT-MTO-Plurilateral Trade Agreement (International Antitrust Code Working Group Proposed Draft 1993), published and released July 10, 1993. Reproduced at 65 Antitrust & Trade Reg. Rep. (BNA) No. 1628 (Aug. 19, 1993) (Special Supp.) Also known as the Munich Code.

 

Doha WTO Ministerial 2001

http://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_e.htm#interaction

WT/MIN(01)/DEC/1, November 20, 2001 (Adopted on November 14, 2001).

Paragraphs 23-25 deal with interaction between trade and competition policy. Sets up possible negotiations for a WTO agreement on competition.

 

 

C. ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT (OECD)

 

OECD Competition Law and Policy

http://www.oecd.org/daf/clp/

Formed in 1960, the OECD currently has 30 members. Members are mostly developed countries. The OECD Competition Law and Policy Committee (CLP) works to build consensus among OECD members on antitrust and competition policy. The CLP is made up largely of competition law enforcement officials of member countries. The CLP also promotes convergence in competition laws among members by promoting similarity in competition laws and enforcement cultures. Competition issues addressed include capacity building with non-OECD countries, competition analysis, economic issues, country reviews, law enforcement and co-operation, regulation and sectors, trade and competition. Additionally the OECD issues committee reports, recommendations, best practice roundtables, and policy briefs. Compliance with recommendations by members is voluntary.

 

Notable Recommendations:

Recommendation of the Council Concerning Co-operation Between Member Countries on Anti-competitive Practices Affecting International Trade

http://webdomino1.oecd.org/horizontal/oecdacts.nsf/linkto/C(95)130

C(95)130/FINAL (July 27, 1995). Reprinted in 35 I.L.M. 1313 (1996). Several key points: Competition agencies of OECD members inform each other of possible violations of the other’s laws, request other agency to act against practices which affect the requestor’s interests, collect and share information to extent permitted under confidentiality laws, and coordinate investigations and remedial actions. Builds on earlier recommendations dating back to 1967.

 

Recommendation of the Council concerning Effective Action Against Hard Core Cartels

http://webdomino1.oecd.org/horizontal/oecdacts.nsf/linkto/C(98)35

C(98)35/FINAL (March 25, 1998). Recommends that members should ensure their competition laws restrict hard-core cartels and seek greater cooperation toward this goal.

 

OECD Declaration and Decisions on International Investment and Multinational Enterprises

http://www.olis.oecd.org/olis/2000doc.nsf/LinkTo/daffe-ime(2000)20

DAFFE/IME(2000)20 (Nov. 9, 2000)

Originally adopted on June 21, 1976, the Declaration “constitutes a policy commitment to improve the investment climate of OECD members countries and encourage the positive contribution multinational enterprises can make to economic and social progress.” The Declaration consists of four elements: Guidelines for Multinational Enterprises, National Treatment, Conflicting Requirements, International Investment Incentives and Disincentives. All elements are subject to periodical review. It was reviewed in 1979, 1984, 1991 and 2000.

OECD Guidelines for Multinational Enterprises,

http://www.oecd.org/dataoecd/56/36/1922428.pdf

Last revised June 27, 2000. June 21, 1976, 15 I.L.M. 967 (1976).

The Guidelines are a voluntary, multilateral framework of standards and principles on good business conduct. Contains revised text and commentary.

 

Reports by the Competition Committee (selected):

 

1999 Report on Positive Comity (DAFFE/CLP(99)19)

http://www.oecd.org/dataoecd/40/3/2752161.pdf

1999 Report on Notification of Transnational Mergers (DAFFE/CLP(99)2/FINAL)

http://www.oecd.org/dataoecd/40/2/2752153.pdf

 

OECD Global Forum on Competition

http://www.oecd.org/daf/clp/

Select Global Forum on Competition from right sidebar. The first forum was held in 2001 with annual meetings through the Fifth Forum in 2005. The annual forums bring together high-level officials from over 50 economies, plus the European Union, to discuss ways of countering anti-competitive government regulations and corporate behavior to benefit the world consumer. Global Forum participants include OECD member countries, transition and developing countries. Forum materials include speeches, papers, and country reports. For example, the Fourth Global Forum on Competition (2004) page has links to contributions from countries discussing the following issues: challenges/obstacles faced by competition authorities in achieving greater economic development through the promotion of competition, and how enforcement against private anti-competitive conduct has contributed to economic development.

 

The OECD publishes reports, books, e-books, CD-ROMs and periodicals. Many items are freely available at the website, however some are available for purchase only.

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D. INTERNATIONAL CHAMBER OF COMMERCE (ICC)

 

ICC Commission on Competition

http://www.iccwbo.org/home/menu_competition.asp

As an international business organization, the ICC is concerned with competition policy as it affects the international business community, and provides the business perspective to the international dialog on competition. This page provides links to ICC guidelines, policy statements, new items and documents.

 

Sample policy statements include:

-Comments on Information Exchanges in International Cartel Investigations (February 3, 2004)

-EC Council Regulation n. 1/2003 and Measures for its Implementation: The International Business Community's Viewpoint (December 3, 2003)

- Competition Policy in the WTO: Doha Declaration Issues (April 9, 2003)

 

E. GLOBAL COMPETITION FORUM (GCF)

http://www.globalcompetitionforum.org/

Founded in 1991, the Global Forum for Competition and Trade Policy is a project of the International Bar Association. The GCF is comprised of experts from the fields of business, economics, law, academia and members of competition authorities. These experts are committed to discussing pivotal issues affecting competition policy and to providing information and education resource for countries or international organizations. This site includes links to laws, enforcement agencies, papers, reports and speeches.

 

F. THE INTERNATIONAL COMPETITION NETWORK (ICN)

http://www.internationalcompetitionnetwork.org/

The ICN was established in October 2001, see the Memorandum on the Establishment and Operation of the International Competition Network. http://www.internationalcompetitionnetwork.org/mou.pdf

Members are national or multinational competition agencies entrusted with the enforcement of antitrust laws. The ICN provides a forum for antitrust authorities worldwide to discuss potential avenues for convergence in competition policy. (The divergent results from the US and EU competition authorities in the GE/Honeywell merger (see Section XV) motivated the creation of the ICN.)

 

The aim of the ICN is to facilitate practical cooperation between competition authorities by developing best practices or recommendations. Members then determine how to best implement these recommendations in their own jurisdictions. The ICN is project-oriented, organized around working groups. The working groups are Mergers, Funding, Memberships, Capacity Building and Competition Policy, Antitrust Enforcement in Regulated Sectors, and Operational Framework. For example, Merger Working Group documents cover merger notification and procedures, analytical framework for merger review, and investigative techniques for conducting effective merger review. Documents from the working groups and ICN annual meetings are available.

Merger Working Group

http://www.internationalcompetitionnetwork.org/mergers.html

studies the challenges of merger review in a global context. WG documents include recommended practices for merger notification procedures, the report on merger guidelines and ICN members' merger control laws and related materials, to name a few.

Additional Reading:

The International Competition Network: Prospects and Limits on the Road towards International Competition Governance.

http://www.wiwi.uni-marburg.de/Lehrstuehle/VWL/WIPOL/docs/BudzinskiICNWP.pdf

Draft February 13, 2004. An analytical overview of the trends in international competition governance focusing on the role of the ICN by Dr. Oliver Budzinski of the Philipps University of Marburg.

 

 

G. WORLD BANK GROUP

Competition Policy

http://tinyurl.com/5cdyo

 

Economic Development, Competition Policy, and the World Trade Organization,

http://econ.worldbank.org/files/20844_wps2917.pdf

Bernard Hoekman and Petros C. Mavroidis. World Bank Working Paper No. 2917, October 17, 2002.

 

 

III. REGIONAL ENTITIES

 

Competition Policy and Preferential Trade Agreements,

http://www.worldbank.org/wbi/publications/wbi37131.pdf

Bernard Hoekman. International Bank for Reconstruction and Development, World Bank, 2002 (Originally published 1998).

 

A. AFRICA

 

1. African, Caribbean and Pacific Group Of States (APC)

http://www.acpsec.org/

APC aims for sustained economic growth for its 79 members. Article 45 of the Cotonou Agreement (2000)

http://www.acpsec.org/InternalSheet.aspx?ArticleFileName=2003/Cotonou_en.html

between the members of APC and the European Community addresses competition policy.

 

2. Common Market for Eastern and Southern Africa (COMESA)

http://www.comesa.int  

Formed in 1994, COMESA aims to implement a free trade area for trade liberalization and customs cooperation.

COMESA Treaty: http://www.comesa.int/about/treaty/view

COMESA Competition Policy: http://www.comesa.int/trade/issues/policy/

Includes reports and texts of rules and regulations.

 

 

B. ASIA & PACIFIC

 

Asia-Pacific Economic Cooperation (APEC)

Competition Policy and Law Database

http://www.apeccp.org.tw/  

APEC is an intergovernmental organization for facilitating economic growth, cooperation, trade and investment in the Asia-Pacific region and operates on the basis of non-binding commitments. This database is a source for competition laws and policies of APEC members. Information, arranged by category or member country, includes links to competition laws, administrative procedures, administrative agencies’ decisions, judicial cases and cooperative arrangements.

 

 

C. EUROPE

 

1.       European Union

Members prior to May 1, 2004: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, and the United Kingdom.

 

Members joining the EU on May 1, 2004: Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia.

 

EUR-LEX: Portal to European Union Law

http://europa.eu.int/eur-lex/lex/en/index.htm

Links to Official Journal, treaties, legislation, legislation in preparation, case law.

 

Accessing European Union Information

http://www.eurunion.org/infores/resguide.pdf

Library Press and Public Affairs Section, Delegation of the European Commission Washington, DC (June 2004).

 

a. Treaties and Legislation

The founding treaties are referred to as primary legislation. Other law, including regulations and directives, are secondary legislation based on one or more of the Treaties. Regulations are rules that have general effect and are directly applicable in the Member States, without going through any implementing procedures in the Member States. Directives are addressed to the member states and are binding as to the result. Members may choose the form and methods for implementation into their national legal systems.

 

Treaty Articles

The EU competition rules are set forth in Articles 81 and 82 (formerly Art. 85 and Art. 86, respectively) of the EC Treaty.

 

Articles 81 (formerly Art. 85)

http://europa.eu.int/comm/competition/legislation/treaties/ec/art81_en.html

 

Article 82 (formerly Art. 86)

http://europa.eu.int/comm/competition/legislation/treaties/ec/art82_en.html

 

The Application of Articles 85 & 86 [now Arts. 81 and 82] of the EC Treaty by National Courts in the Member States (July 1997). http://europa.eu.int/comm/competition/publications/art8586_en.pdf

 

b. Directorate-General for Competition, European Commission

http://europa.eu.int/comm/competition/index_en.html

The Commission is divided into departments called Directorates General. Under Arts. 81 and 82 of the EC Treaty, the Commission administers the competition rules. The Directorate General for Competition is responsible for the drafting of competition legislation and overseeing its implementation.

The Commission is authorized to investigate violations of the Treaties and to issue law enforcement decisions. The Commission is the EU’s representative to international trade bodies, such as the WTO, and is the body that cooperates with foreign antitrust officials.

 

The homepage of the DG Competition is divided into the following policy areas: Antitrust, Mergers, Liberalisation, State Aid, International. Policy areas are further divided into such topics as Overview, Official Journal, Legislation, Cases, and Other documents. This page also has links to publications, news and hot topics.

 

The accession of ten new members on May 1, 2004 ushered in competition reforms. Information on these latest developments are discussed in Competition Policy Newsletter, Special edition, April 26, 2004. http://europa.eu.int/comm/competition/publications/special/special_toc.html

 

Antitrust Legislation

http://europa.eu.int/comm/competition/antitrust/legislation/

Provides text of Treaty articles, Council regulations, Commission regulations, Commission notices, block exemptions documents and regulation documents for professional services, transport and agriculture. Includes the reforms in competition law and policy effective May 1, 2004.

A compilation of the new antitrust rules is available in Modernisation of EC Antitrust Enforcement Rules: Council Regulation (EC) No 1/2003 and the Modernisation Package (2004).

http://europa.eu.int/comm/competition/publications/publications/modernisation_en.pdf

 

Antitrust Regulations

Council Regulation (EC) No 1/2003 of December 16, 2002

http://europa.eu.int/eur-lex/pri/en/oj/dat/2003/l_001/l_00120030104en00010025.pdf

implements the rules on competition laid down in Articles 81 and 82 of the Treaty. This regulation replaced Regulation 17/62 (Regulation 17) when it came into force on May 1, 2004. Published in 2004 OJ (L1) 1, January 4, 2003.

 

Regulation 1/2003 is part of a Modernisation Package that modernises the European Union’s antitrust enforcement rules and procedures. This Regulation along with Commission Regulation (EC) No 773/2004 and six Commission Notices represent the Modernisation Package. Highlights of this Package, which came into force on May 1, 2004, include abolition of the notification system for the application of Art. 81, guidelines on the application of Article 81 of the EC Treaty to technology transfer agreements, cooperation within the Network of Competition Authorities (NCA), cooperation between the Commission and the EU member courts in application of Articles 81 and 82. This regulation leaves the mechanisms for investigation and enforcement to national law.

See: http://europa.eu.int/comm/competition/antitrust/legislation/

 

Selected Preparatory documents for (Reg (EC) No. 1/2003):

White Paper on Modernisation of the Rules Implementing Articles 85 and 86 of the EC Treaty

http://europa.eu.int/comm/competition/antitrust/wp_modern_en.pdf

Commission Programme No. 99/027.

 

Proposal for a Council Regulation on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty http://europa.eu.int/comm/competition/antitrust/others/modernisation/comm_2000_582/en.pdf

COM(2000) 582 final, September 27, 2000.

The Merger Regulation page http://europa.eu.int/comm/competition/mergers/legislation/regulation/

includes text of Council Regulation (EC) No 139/2004 of Jan. 20, 2004, and related merger regulations (earlier regulations), guidelines and best practices.

 

c. European Competition Network (ECN) was set up to facilitate close cooperation among national competition authorities and the European Commission and to ensure consistent application of Article 81 and Article 82 of the EC Treaty. The Joint Statement of the Council and the Commission on the Functioning of the Network of Competition Authorities,

http://register.consilium.eu.int/pdf/en/02/st15/15435-a1en2.pdf

(Dec. 10, 2002) sets forth the main principles for the functioning of the ECN.

 

Commission Notice on Cooperation within the Network of Competition Authorities http://europa.eu.int/comm/competition/antitrust/legislation/

2004 OJ (C101) 43, April 27, 2004.

 

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d. EU Antitrust / Merger Decisions

Commission Decisions

Formal Decisions

Formal decisions of the Commission, pursuant to Articles 81 and 82 of the EC Treaty, are published in the Official Journal of the European Communities, L Series and online in Eur-Lex. http://europa.eu.int/comm/competition/antitrust/cases/

Online cases are arranged by date, case number and party from 1999 – date.

Earlier cases (1964-1998) are arranged by year.

 

Informal Closure of Cases

The Commission closes many cases informally by a comfort letter. A comfort letter is an administrative letter signed by a senior official in the Competition DG that states there are no grounds for action under Articles 81 or 82 of the Treaty, or that the proposed action qualifies for an exemption under Art. 81(3). For many cases when a party seeks negative clearance or an exemption, comfort letters are issued. They are addressed to the parties concerned and are not published. Sometimes a summary of the notification and an indication of the Commission's intention to settle by comfort letter are first published in the Official Journal, C series. A full list of cases closed by comfort letter, together with brief summaries of the most important or interesting cases concerned appears in the Annual Report on Competition Policy (http://europa.eu.int/comm/competition/annual_reports/) each year. A listing of cases http://europa.eu.int/comm/competition/antitrust/cases/comfort_letter.html closed by comfort letter (1990-1999) is also available.

 

Court of First Instance

The Court of First Instance (CFI) was established in 1989. The CFI hears actions in the field of competition law that are appealed from the European Commission. The CFI has jurisdiction to review certain classes of actions or proceedings taken by the Commission with respect to enforcement of the competition rules, including review of factual issues, legal issues and fines and penalties levied by the Commission. Its judgments are subject to appeal to the ECJ.

 

European Court of Justice (ECJ)

The European Court of Justice (ECJ) is the highest legal authority in the EC and is empowered to decide cases involving interpretation and application of the Treaties. CFI decisions can be appealed to the ECJ on legal issues only. Cases brought by a Member State are reviewed by the ECJ, not the CFI.

 

Reports of Cases before the Court of Justice and the Court of First Instance. Part I, Court of Justice. Luxembourg: Court of Justice of the European Communities, 1993-

 

Reports of Cases Before the Court of Justice and the Court of First Instance. Section II, Court of First Instance. Luxembourg: Court of Justice of the European Communities, 1993-

 

Continues:

-Reports of Cases before the Court of Justice and the Court of First Instance (1990-1993)

-Reports of Cases Before the Court (1959-1989)

 

European Community Cases. CCH Editions Limited, v. 1- 1989 -

Abbreviation: CEC

 

Judgments of the Courts (ECJ & CFI) on Competition and State Aid (from 1998 to date). http://europa.eu.int/comm/competition/court/

 

Judgments about Antitrust (ECJ: 1962-1999 and CFI: 1990-1999).

http://europa.eu.int/comm/competition/court/antitrust/

 

Judgments about Mergers (ECJ: 1962-1999 and CFI: 1990-1999).

http://europa.eu.int/comm/competition/court/mergers/

 

C.M.L.R. Antitrust Reports. Sweet and Maxwell, 1991-

Continues Common Market Law Reports Antitrust Supplement. 1988-1990

Each year the fourth, and sometimes fifth, volume of the C.M.L.R. is devoted to antitrust/competition matters, including decisions of the European Court of Justice, Court of First Instance, European Commission decisions and notices, merger decisions, legislative texts, and parliamentary answers.

 

LEXIS: EURCOM/COMDEC

November 1959 through July 1997 (archival material only, not currently updated)

WESTLAW: EU-CS

Court of Justice: begins with 1954

Court of First Instance: begins with 1989

C Series of the Official Journal: begins with 1985

e. Publications on EU Competition Law

 

Community Publications on Competition Matters

http://europa.eu.int/comm/competition/publications/publications/

A listing of publications with catalogue number for ordering from sales agents. Publication categories: legislation, official documents, collections of decisions, competition reports, and other documents and studies. A few publications are available in full-text from this page.

 

Competition Policy Newsletter. Vol. 1- 1994 -

http://europa.eu.int/comm/competition/publications/cpn/

Published 3 times a year. Articles on recent developments in EU competition policy.

 

Competition Law of the European Community, 2nd ed. Valentine Korah. LexisNexis, 2001-

 

EC Competition Law Handbook. Christopher Jones and Marc van der Woude. Sweet & Maxwell, 1990-

Annual. Covers EC competition law cases, decisions handed down and tables of fines awarded. Contains all relevant EC competition legislation.

 

EU Competition Law Online. Thomson/Ellis http://www.ellispub.com/index.php?menu=products&site=eu_competition_law_online

A subscription product of ELLIS and Kluwer Law International, this database includes merger materials, notices, cases, legislation and press releases.

 

European Law Review. Sweet & Maxwell, v. 1- Nov. 1975-

Separately titled supplements:

Competition Law Checklist: 1990-1995

Competition Law Survey: 1996-

Contains discussion of horizontal agreements, vertical agreements, joint ventures, licensing, mergers and acquisitions. Discussions analyze relevant cases, decisions and legislation.

 

European Commission. Report on Competition Policy. 23rd (1993)-

(Continues: Commission of the European Communities. Report on Competition Policy. 1972-1993.)

Annual. Covers full range of antitrust and competition matters, with review of policies, decisions and texts of legislation adopted, and lists of Commission and Court decisions with full citations. Available in full-text on EUROPA 1995- : http://europa.eu.int/comm/competition/annual_reports/

 

EC Merger Control Reporter. Kluwer Law International, 1991-

Includes all decisions (in their original language with English translation) of the Commission pursuant to the EC Merger Regulation. Additionally, includes court notes, court judgments, other demands, indexes and a bibliography.

 

EU Citizen's Guide to Competition Policy http://europa.eu.int/comm/competition/citizen/citizen_index.html

is an introduction for the layperson covering antitrust, dominant positions, mergers,

liberalisation, state aid control, and complaints. Includes an online glossary.

 

European Competition Law. Michel Waelbroeck and Aldo Frignani; translated by Françoise Gamet-Pol. Transnational Publishers, 1999.

 

European Union Law Guide. Oceana Publications, 1994-

Six binders containing texts of notices, regulations and treaty articles. Antitrust law is covered in Binder 5.

 

European Union Law Reporter. Sweet and Maxwell. 1962-

(Formerly Common Market Reporter) Four volumes of commentary, topically arranged, and one volume of new developments. Detailed commentary on the principal aspects of EU law and policy.

 

Introductory Guide to EC Competition Law and Practice. 7th ed. Valentine Korah. Hart Pub., 2000.

 

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2. European Free Trade Association (EFTA)

 

EFTA Surveillance Authority

http://www.eftasurv.int/

The main task of the EFTA Surveillance Authority is to ensure that European Economic Area (EEA) rules are properly enacted and applied by the EFTA States (Norway, Iceland, and Liechtenstein). The EEA is comprised of the 25 members of the EU and the three EFTA states. The EEA rules aim to guarantee the free movement of goods, persons, services and capital, and prohibit those undertakings, which have the object or effect of restricting competition in all 28 EEA States. The EEA competition rules, Articles 53 and 54, mirror the EU competition rules found in Articles 81 and 82 of the EC Treaty.

EEA Agreement: http://secretariat.efta.int/Web/EuropeanEconomicArea/EEAAgreement/EEAAgreement

 

Competition Field of Work (EFTA)