Implementing the DMA: substantive and procedural principles

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Author :
Publisher : Centre on Regulation in Europe (CERRE) asbl
ISBN 13 :
Total Pages : 162 pages
Book Rating : 4./5 ( download)

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Book Synopsis Implementing the DMA: substantive and procedural principles by : Alexandre de Streel

Download or read book Implementing the DMA: substantive and procedural principles written by Alexandre de Streel and published by Centre on Regulation in Europe (CERRE) asbl. This book was released on 2024-01-17 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the dynamic landscape of EU digital platforms regulation, we are at a focal point of discussions shaping the future of implementation of the Digital Markets Act – arguably one of the most important pieces of legislation of the current times’ digital policy sphere. With the DMA aiming for contestability and fairness in digital markets, designated gatekeeper platforms are set to unveil their compliance plans on March 2024. The European Commission, in its unique role as an enforcer, will lead the work of determining non-compliance and ensure that the DMA fulfils its ambitious goals. However, the success of implementation will depend on the principles on which the new law will be applied. This CERRE report recommends that the DMA implementation process should be guided by the substantive principles of effectiveness, proportionality, non-discrimination, legal predictability, and consistency with other EU laws. Furthermore, the Commission will have to approach enforcement taking into account the procedural principles of responsive regulation and participation, due process, and ex ante and ex post evaluation. The report then applies those principles to series of specific DMA obligations: choice architecture, horizontal and vertical interoperability and data related obligations. It is also essential to agree on how the Commission, gatekeepers, and third parties will engage with each other. The DMA provides a model of compliance which is not based solely on deterrence; instead, the gatekeepers are encouraged to and will comply by engaging co-operatively with the Commission and third parties. However, it is still up for question how this principle will be applied, what it expects from the stakeholders, and how the Commission itself will exercise its deterring powers to enforce compliance. On top of it all, this CERRE DMA edition is also proposing a set of quantitative measurement indicators, so-called output indicators, each relating to a particular obligation or set of obligations, in order to better understand the impact of obligations on the relations between gatekeepers and third parties. These quantitative indicators will not represent specific targets or thresholds against which compliance should be assessed. They will neither attempt to measure the effect of changes in conduct on market outcomes for users nor, more generally, competition. These quantitative measures will be added to other evidence, such as complaints or qualitative representations from affected parties, including gatekeepers, which the Commission will consider in its compliance assessments. This report was written in the framework of a 8-months-long, multi-stakeholder CERRE initiative entitled the ‘DMA Compliance Forum’ that created a neutral and trusted platform and facilitated dialogue among CERRE members and academics to contribute to the effective and proportionate enforcement of the regulation.

40 Years of European Digital Policies

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Author :
Publisher : Springer Nature
ISBN 13 : 3031616413
Total Pages : 205 pages
Book Rating : 4.0/5 (316 download)

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Book Synopsis 40 Years of European Digital Policies by : Detlef Eckert

Download or read book 40 Years of European Digital Policies written by Detlef Eckert and published by Springer Nature. This book was released on with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Privacy Online

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Author :
Publisher :
ISBN 13 :
Total Pages : 250 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Privacy Online by : United States. Federal Trade Commission

Download or read book Privacy Online written by United States. Federal Trade Commission and published by . This book was released on 1998 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The New EU Competition Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259155
Total Pages : 335 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The New EU Competition Law by : Pablo Ibáñez Colomo

Download or read book The New EU Competition Law written by Pablo Ibáñez Colomo and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the 'effects-based approach' to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms. Conceived as a 'modular' book, practitioners and advanced students will find it useful as a map to navigate the underlying trends and as an in-depth dissection of the key case law and administrative practice of the past decade.

European Union Law

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Publisher :
ISBN 13 : 9780521121514
Total Pages : 1150 pages
Book Rating : 4.1/5 (215 download)

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Book Synopsis European Union Law by : Damian Chalmers

Download or read book European Union Law written by Damian Chalmers and published by . This book was released on 2010-06-24 with total page 1150 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'An excellent book, it manages to be thorough, accessible and insightful at the same time. Highly recommended.'-Urfan Khaliq, Cardiff University Eagerly awaited new edition of the foremost textbook on EU Law. Revised after extensive user feedback to align with current teaching trends, this is the first major textbook to be published since the ratification of the Lisbon Treaty. Retained from the first edition An engaging writing style that makes complex ideas easy to understand Extracts from a variety of sources that show you how the law is created, interpreted and used in real life Critical analysis to encourage independent thinking Comprehensive range of topics covered û all the subjects you will need for your course. New to this edition: Full discussion of key recent developments, notably the amendments introduced by the Lisbon Treaty Structured introductions tell you what will be covered in each section of the chapter and make it easier to navigate through complex subject areas First ten chapters have been substantially restructured, as has the chapter on the free movement of goods Additional coverage of competition law available online New chapters on EU law in national courts, EU criminal law, governance and external relations New two-colour design makes it easy to distinguish between materials and commentary. The distinguished author team, who have extensive teaching and research experience, comprises specialists in the fields of EU public law, the internal market and competition law.

Digital markets and online platforms: new perspectives on regulation and competition law

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Author :
Publisher : Centre on Regulation in Europe (CERRE)
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4./5 ( download)

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Book Synopsis Digital markets and online platforms: new perspectives on regulation and competition law by : Jan Krämer

Download or read book Digital markets and online platforms: new perspectives on regulation and competition law written by Jan Krämer and published by Centre on Regulation in Europe (CERRE). This book was released on 2020-11-18 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the world, regulators and policy makers are grappling with how to establish a competitive, safe and fair online environment that also safeguards users’ fundamental rights as citizens. Ahead of the European Commission’s Digital Markets Act (DMA), this book “Digital markets and online platforms: new perspectives on regulation and competition law“, presents CERRE’s latest contribution to the debate with concrete policy recommendations. Together, the policy recommendations in this book present a roadmap that should be pursued for EU policy makers to safeguard competition and innovation in digital platform markets. They can be organised into three key areas for action: (i) More effective enforcement, (ii) increased transparency and switching easiness, and (iii) providing access to key innovation capabilities. “The need to safeguard fair and vibrant competition, which is also seen as an important driving factor for innovation, is nothing new for policy makers. However, the characteristics and complexities of digital markets have challenged some of the traditional approaches.” – Jan Krämer, editor of the book and CERRE Academic Co-Director The book’s recommendations highlight that platform transparency and associated data collection by authorities, as well as data sharing by platforms (initiated through consumers or authorities), are the two most important overarching policy measures for platform markets in the near future. They facilitate enforcement, consumer choice, and innovation capabilities in the digital economy. The contents of this book were presented and debated during a CERRE live debate with guest speakers Anne Yvrande-Billon (Arcep’s Director of Economic, Market and Digital Affairs), MEP Stéphanie Yon-Courtin (Vice-President of the European Parliament’s Committee on Economic and Monetary Affairs) and Javier Espinoza (Financial Times’ EU Correspondent covering competition and digital policy).

Intelligence Community Legal Reference Book

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Author :
Publisher :
ISBN 13 :
Total Pages : 944 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Intelligence Community Legal Reference Book by :

Download or read book Intelligence Community Legal Reference Book written by and published by . This book was released on 2012 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The role of data for digital markets contestability

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Author :
Publisher : Centre on Regulation in Europe asbl (CERRE)
ISBN 13 :
Total Pages : 135 pages
Book Rating : 4./5 ( download)

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Book Synopsis The role of data for digital markets contestability by : Jan Krämer

Download or read book The role of data for digital markets contestability written by Jan Krämer and published by Centre on Regulation in Europe asbl (CERRE). This book was released on 2020-09-09 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report analyses the processes that turn data into economic value for online search, e-commerce and media platforms. It concludes that forcing data sharing through policy intervention would not prevent dominant incumbents to continue to benefit economically from greater access to data over new entrants. Instead, policy makers should focus on enabling niche entry, niche growth and a level playing field for competitors in new and emerging markets. Data play a central role in the business models that shape competition and innovation in digital markets. As dominant providers of online services collect ever more user data they generate data-driven network effects. They can then improve their services faster, and venture faster into related markets than competitors with less data, thereby raising entry barriers for innovative start-ups. The authors, Sally Broughton Micova (CERRE & University of East Anglia), Jan Krämer (CERRE & University of Passau) and Daniel Schnurr (University of Passau), have analysed processes that transform data into economic value for online search, e-commerce and media platforms. They find that in each case, more data, especially on user behaviour, gradually improves the quality of the service, thereby generating high economic benefits for the firm. The authors find that data-driven network effects can nevertheless be a source of efficiency which can ultimately benefit consumers. Even if some data is shared through policy intervention, dominant incumbents will continue to benefit economically and competitively from greater access to data over new entrants. “We conclude that it is neither realistic nor desirable to try to break data-driven network effects through policy intervention. Instead, we would strongly encourage policy makers to focus on enabling niche entry and niche growth. To do so, they should facilitate the sharing of behavioural user data gathered by the dominant firm with other firms.” The authors provide policy recommendations for data access remedies to safeguard competition, innovation and the openness of the digital ecosystem: 1. Remedies that achieve a more level playing field in the digital economy by breaking the data-driven network effects of data-rich incumbents should be entertained as a last resort and only under specific conditions. 2. Policy makers should foster data sharing on two levels to strike a balance between consumers’ privacy, competition and innovation. They should require the sharing of aggregated and anonymised raw user data in bulk, after a careful review and on a case-by-case basis. They should also facilitate the sharing of detailed raw user data through improved data portability, based on individual users’ consent. Bulk sharing of raw user data should be limited to data that was collected as a by-product of the incumbent’s dominant user-facing service, such as search logs, in order to maintain incentives for innovation and data collection. The main challenge will be to balance privacy concerns with maintaining enough detailed data to ensure it is of value to third-parties. 3. Dominant firms should also be obliged to allow consumers to port their raw data to another provider continuously and in real time. Privacy concerns can then be overcome and the shared user profiles can be more detailed than under bulk sharing. In concert with bulk-sharing, data portability can be a valuable source for attaining both detailed and representative data sets.

The Notion of Restriction of Competition

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Author :
Publisher : Bruylant
ISBN 13 : 2802757555
Total Pages : 336 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis The Notion of Restriction of Competition by : Damien Gerard

Download or read book The Notion of Restriction of Competition written by Damien Gerard and published by Bruylant. This book was released on 2017-03-16 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transformations induced by the process of “modernisation”, including in its substantive dimension, as well as recent judgments by the EU Courts, have left many lawyers and economists wary as to the standards actually governing findings of antitrust infringement under EU competition law, thereby affecting their ability to advise businesses effectively on the design of their commercial practices. While not ignoring institutional constraints, this volume revisits the notion of restriction of competition in the framework of Articles 101 and 102 TFEU with a view to taking stock of recent developments, to identifying common trends and to informing the application of core EU antitrust principles in current market contexts. Associating lawyers and economists, practitioners and academics, it seeks both to revisit long-standing theories of harm to competition and to explore novel forms of antitrust concerns.

Making data portability more effective for the digital economy

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Author :
Publisher : Centre on Regulation in Europe asbl (CERRE)
ISBN 13 :
Total Pages : 103 pages
Book Rating : 4./5 ( download)

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Book Synopsis Making data portability more effective for the digital economy by : Jan Krämer

Download or read book Making data portability more effective for the digital economy written by Jan Krämer and published by Centre on Regulation in Europe asbl (CERRE). This book was released on 2020-06-15 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides recommendations on how to make personal data portability more effective. This will truly empower consumers to use the services they want and share their data with whoever they wish and stimulate innovation in Europe. With the entry into force of the GDPR, European citizens gained new rights, notably with data portability. But two years later, there is still little sign of people exercising this right, and of companies offering an easy and convenient service for data portability. While the European Commission is finalising its evaluation of the GDPR and closes its consultation on the European data strategy, the authors, professors Jan Krämer, Pierre Senellart and Alexandre de Streel*, warn that the current legal framework requires clarifications to better empower European citizens in a data-driven society. In this study, they identify barriers to data portability, including the lack of possibilities to import data as well as the lack of common standards and tools to access data as easy as the click of a button. The ability to provide users with a centralised dashboard for monitoring and controlling the flow of their data is also critically missing. “Today, consumers do not widely use data portability for reasons that can and should be overcome. Making data portability more effective is better for competition, for innovation and to empower users,” stress the authors. “There should be no second-guessing on whether to make data portability more effective, the time to act is now.” The current EU framework encourages data portability, but there are legal gaps that the EU should fill. The authors insist on the need for detailed guidance on how data portability can be facilitated and on which data is subject to data portability without violating privacy rights. They advocate that data provided by users when using a service, such as search history (i.e. “observed data”) should clearly be included under the scope of data portability. The authors consider it essential that the obligation to offer standardised Application Programming Interfaces (APIs) be much more widespread to enable consumers to continuously port their data. “We believe that standardised APIs that enable continuous data portability is a prerequisite for encouraging more organisations to import personal data, and for encouraging more consumers to initiate such transfers,” explain the authors. Projects, such as the Data Transfer Project have highlighted that continuous data portability is technically feasible. The authors argue that Personal Management Information Systems (PIMSs) facilitate the complex consent management and offer users a centralised dashboard for monitoring and controlling the flow of their data will have a crucial role to play for the wider adoption of data portability. “It must be as easy as clicking a button for consumers to continuously share data they created with one provider to another provider. This may also require educating and informing users on their rights through information campaigns alongside clear policy measures,” explain the authors. Nevertheless, they stress that PIMSs are not likely to find a sustainable business model, and thus, policy makers should support the emergence of open-source projects by setting common standards for data transfers, consent management, and identity management.

Concrete Abstractions

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Author :
Publisher : Max Hailperin
ISBN 13 : 0534952119
Total Pages : 686 pages
Book Rating : 4.5/5 (349 download)

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Book Synopsis Concrete Abstractions by : Max Hailperin

Download or read book Concrete Abstractions written by Max Hailperin and published by Max Hailperin. This book was released on 1999 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONCRETE ABSTRACTIONS offers students a hands-on, abstraction-based experience of thinking like a computer scientist. This text covers the basics of programming and data structures, and gives first-time computer science students the opportunity to not only write programs, but to prove theorems and analyze algorithms as well. Students learn a variety of programming styles, including functional programming, assembly-language programming, and object-oriented programming (OOP). While most of the book uses the Scheme programming language, Java is introduced at the end as a second example of an OOP system and to demonstrate concepts of concurrent programming.

The Regulation of Digital Technologies in the EU

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1040001602
Total Pages : 128 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Regulation of Digital Technologies in the EU by : Vagelis Papakonstantinou

Download or read book The Regulation of Digital Technologies in the EU written by Vagelis Papakonstantinou and published by Taylor & Francis. This book was released on 2024-03-19 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU regulatory initiatives concerning technology-related topics have spiked over the past few years. On the basis of its Priorities Programme, which is focused on making Europe ‘Fit for the Digital Age’, the European Commission has been busily releasing new texts aimed at regulating a number of technology topics, including data uses, online platforms, cybersecurity, and artificial intelligence. This book identifies three phenomena which are common to all EU digital technologies-relevant regulatory initiatives: act-ification, GDPR mimesis, and regulatory brutality. These three phenomena serve as indicators or early signs of a new European technology law-making paradigm that now seems ready to emerge. They divulge new-found confidence on the part of the EU digital technologies legislator, who has now asserted for itself the right to form policy options and create new rules in the field for all of Europe. Bringing together an analysis of the regulatory initiatives for the management of technology topics in the EU for the first time, this book will be of interest to academics, policymakers, and practitioners, sparking academic and policymaking interest and discussion.

Digital Government

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Publisher : CreateSpace
ISBN 13 : 9781490476773
Total Pages : 36 pages
Book Rating : 4.4/5 (767 download)

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Book Synopsis Digital Government by : Us Department of State

Download or read book Digital Government written by Us Department of State and published by CreateSpace. This book was released on 2013-06-19 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mission drives agencies, and the need to deliver better services to customers at a lower cost—whether an agency is supporting the warfighter overseas, a teacher seeking classroom resources or a family figuring out how to pay for college—is pushing every level of government to look for new solutions

Principles of Banking Regulation

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Publisher : Cambridge University Press
ISBN 13 : 110842726X
Total Pages : 497 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Principles of Banking Regulation by : Kern Alexander

Download or read book Principles of Banking Regulation written by Kern Alexander and published by Cambridge University Press. This book was released on 2019-06-06 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses banking regulation and recent international developments, including Basel IV, bank resolution and Brexit, and their impact on bank governance.

The Digital Person

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Publisher : NYU Press
ISBN 13 : 0814740375
Total Pages : 295 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Digital Person by : Daniel J Solove

Download or read book The Digital Person written by Daniel J Solove and published by NYU Press. This book was released on 2004 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.

EU Administrative Law

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Publisher : Oxford University Press
ISBN 13 : 0192567454
Total Pages : 994 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis EU Administrative Law by : Paul Craig

Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

Competition Law of the European Union

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154051
Total Pages : 1618 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Competition Law of the European Union by : Van Bael & Bellis

Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.