|
Publishers Abstract:
If one looks for a single guiding theme of EC competition policy in 2004, it is probably competition and innovation. This overview discusses the major developments in EC competition law in 2004, without attempting exhaustively to report or analyse all potentially significant events. The year 2004 has produced a rich harvest of judicial and Commission case law, be it in the area of cartels, Article 82 EC or merger control. While there is no single unifying theme, one can detect certain trends, such as a reluctance by the Community courts to subject 'non-economic' activities to the application of the competition rules, while continuing and perhaps increasing their scrutiny of the Commission's enforcement activity in the area of Article 81. Article 82 clearly is an area that remains in flux, with time-honoured principles such as the protection of parallel imports being questioned while at the same time the Commission is pushing for a clarification of the obligations on dominant technology transfer agreements (IP Guidelines) holders.
|
