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 论文编号：
lw200702061554332841 |
| 论文属性：
Courswork |
| 论文语言：English |
| 论文国家：China |
| 登出日期： 2007-02-06 |
| 字数： 3722 |
| 源程序：
无 |
| 价格：
100 |
| 注明： |
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| 论文大纲，目录 |
| 关键词搜索：case study competition law |
1．European Competition Law Overview
1.1 Application of Competition Law in EU
European Competition Law is applicable in all economic fields. Not only traditional economic entities, but also monopolized state owned enterprises, such as broadcasting, energy and post are under the regulation of EU competition law with the exception of special economic sections of agriculture and transportation.
The core position of competition law in EU has been imitated by many country members of EU. Member states have formulated competition law or have remedied their former competition law so that their domestic law is in accordance with EU competition law. 1（E.-J. Mestmaecke，1988）
1.2 Regulations of EU competition law on limited competition behaviors
The provision of item 1, article 81 in EU agreement has not only concluded a general provision but also has pointed out a series of conditions of competition restriction. The conditions are as follows:
Condition 1: to fix the purchase or sales price or any other transaction conditions directly or indirectly;
Condition 2: to restrict or control production, market, technological development or investment;
Condition 3: to split market or commodity source;
Condition 4: to apply different transaction conditions to objects under the same situation so that the objects would be faced with discrimination and stay in disadvantageous position of competition;
Condition 5: to force other objects to accept additional conditions (such as binding sel英语论文网 【http://www.51lunwen.org】ling) that have no relations with contract object either in nature or in commercial convention.2（Lenz 、Hrsg，1991）
Agreements that could be exempted from the jurisdiction of the competition law mainly include the following types: solely sales agreements; solely purchase agreements; specialized agreement; cooperation agreement in the research and development fields; franchise agreement and technology transfer agreement. Besides, when European Commission is determining whether certain agreement could be exempted according to provision 240, 1996, three standards would be adopted, namely, market shares; sales value and the expiration of cartel. 3（Ingo Schmidt，1987）
The Hoffman-La Roche case4 addressed the nature of ‘abuse’. The courts stated that it is: ‘ an objective concept relating to the behavior of an undertaking in a dominant position which is such as to influence the structure of a market where , as a result of the very pressure of the undertaking in question, the degree is weakened and which, through resources and methods different from those which conditions normal competition in products or services on the basis of transactions of commercial operators, has the effect of hindering of the maintenance of the degree of competition still existing in the market or the growth of that completion.’
1.3 Execution of EU competition law
1.3.1 Executive organizations of EU competition law
1.3.2 Trial procedure of EU competition law
1、Release of denial certificate
2. Applying
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