The Rules of Competition in the European Economic Community :
[Book]
a study of the Substantive Law on a Comparative Law Basis with Special Reference to Patent Licence Agreements and Sole Distributorship Agreements
by R. Graupner.
Dordrecht
Springer Netherlands
1965
(283 Seiten)
One.- Preliminary Observations.- Origin and Background of the European Cartel Law.- The Substantive Law of Articles 85 to 91.- Article 85.- The General Clause in Paragraph (1).- The Catalogue of Examples.- Grants of Exemption.- The Sanction of Nullity.- Article 86.- The General Clause in Paragraph (1).- The Catalogue of Examples.- Articles 87, 88 and 89.- General Observations.- Exceptions to Rules of Competition.- Enterprises outside the Community.- Article 90.- Article 91.- Two: Special Agreements.- Restrictions in Connection with Patents, Registered Designs, Trade Secrets, Trade Marks and Copyright.- The Legal Position in the United States and in Germany.- Simple Patent Licences.- Excursus: Effect of Antitrust Law on International Licence Agreements.- Cross-licences and Patent Pools.- Licences relating to Trade Secrets and Know-how.- Trade Marks.- Copyright Licences.- The Legal Position in the European Economic Community.- Sole Distributorship Agreements.- United States of America.- Germany.- Excursus: International Aspects.- France.- European Economic Community.- Three: The Supra-National Law of the European Economic Community.- The Legal Nature of the European Economic Community.- The Hierarchy of the Norms in the Law of the E.E.C..- The Law applicable by the organs of the E.E C..- The Relation between Community Law and National Law.- Appendices.- United States.- Sherman Act, 1890.- Federal Trade Commission Act, 1914.- Clayton Act, 1914.- Webb-Pomerene (Export Trade) Act, 1918.- Germany.- Law against Restraints of Competition, 1957.- France.- Price Ordinance No. 45-1483, 1945.- Act No. 63-628, 1963.- United Kingdom.- Patents Act, 1949.- Restrictive Trade Practices Act, 1956.- Resale Prices Act, 1964.- European Communities.- Treaty establishing the European Coal and Steel Community, 1951.- Treaty establishing the European Economic Community, 1957.- Regulations of the Council of Ministers of the E.E.C. Regulation No. 17 (February 6, 1962).- Regulations of the Council of Ministers of the E.E.C. Regulation No. 17 (February 6, 1962).- Regulation No. 26 (April 4, 1962).- Regulation No. 49 (June 29, 1962).- Regulation No. 59 (July 3, 1962).- Regulation No. 141 (November 26, 1962).- Regulation No. 118/63 E.E.C. (November 5, 1963).- Regulations of the Commission of the E.E.C. Regulation No. 8 (March 11, 1960).- Regulation No. 27 (May 3, 1962).- Regulation No. 153 (December 21, 1962).- Regulation No. 99/63 E.E.C. (July 25, 1963).- European Economic Community 'Practical Guide' to Articles 85 and 86 of the Treaty of Rome and the Implementing Regulations (A Manual for Firms), 1962.- Announcement on Patent Licence Agreements, December 21/24, 1962.- Announcement on Exclusive Agency Contracts made with Commercial Agents, December 21/24, 1962.- O.E.E.C. (O.E.C.D.) Code of Liberalisation, 1960.
The creation of the European Economic Community and the gradual achievement of a Common Market in connection with this Community raises not only economic but numerous legal problems as weIl. In fact, the Treaty of Rome and the various regulations, directives and de cisions enacted for its implementation are bringing into being a new legal system which has a great influence not only within the frontiers of the Community but also on all European States which are in eco nomic contact with the Community and indeed on the entire world. This applies particularly to the provisions on the laws of competition laid down by the Treaty and its implementing regulations. These provisions must be known and taken into consideration not only by Common Market enterprises but also by large firms outside the Community. The very comprehensive literature on the European Economic Community has therefore laid special stress on this subject. The large number of commentaries published in the various languages of the Community on the Rules of Competition indicates the great interest taken not only by the commercial world but also by the world of jurisprudence.