Exclusive Rights and State Monopolies under EC Law Article 86 (former Article 90) of the EC Treaty

The understanding of Article 86 (formerly Article 90) of the EC Treaty is vital to any competition lawyer working in Europe. Writing with first-hand experience of dealing with Article 86 cases at DG IV, the author provides the first such detailed examination of this Article and the lawconcerning exclusive rights and State monopolies. Clearly written, with penetrating analysis of the relevant case-law, this study pays attention to all the key areas including: the definition of 'exclusive rights' and 'economic activities', the remedial possibilities offered by the often neglectedArticle 31(formerly Article 37), the application of Article 86(1) in conjunction with the competition rules (Article 82 (formerly Article 86)), proportionality in the context of Article 86(2) and decisions and directives under Article 86(3) and their relationship with harmonization directives. Withpractical insights and intelligent solutions to many of the problems posed by the applications of these rules, Exclusive Rights and State Monopolies under EC Law will become an indispensible work for all practitioners in this field.

Dr. Jose Luis Buendia Sierra is Legal Adviser in the Cabinet of EC Commissioner Marcelino Oreja. He was previously an official in Directorate General IV of the Commission, and before that Lecturer in Commercial Law at Zaragoza University, Spain.