EUROPEAN COMPETITION LAW

Transcription

1 EUROPEAN COMPETITION LAW Lecture Content I. Basics Defining the legal term Features of the legal concept in detail Hierarchy of the legal system Overview of important fields of law European law The legal main activities: Subsumption The legal main activities: interpretation II. European and Austrian cartel law Purpose of competition Sources of cartel law Ratio between national and European antitrust law Addressees of Austrian and European antitrust law Relevant market Prohibition of behavior coordination: o Forms of anticompetitive coordination o Restriction of competition o Case groups o Exemption from the prohibition of cartels o Legal consequences o Cases Abuse of a dominant position o Dominance o Abuse o Legal consequences o Cases Merger control European merger control Austrian merger control

2 - 2 - III. IV. Unfair competition Concept of competition Law against unfair competition UWG Legal sources of unfair competition law Unfair commercial practices o Concept of commercial practice o Concept of unfairness o 1 UWG o "Alternative" general clause of 1 Abs 1 Z 1 and 2 UWG Aggressive commercial practices: 1a UWG Misleading commercial practices: 2 UWG Legal consequences of aggressive and misleading practices Product liability Concept of product liability Sources of product liability Description of the duty of replacement Damage 1 PHG Liable persons Causation by defective products 5 PHG Placing on the market 6 PHG Non-liability and exclusion of liability 8 f PHG Temporal limitation of liability 13 PHG

3 and Serial Release

4 and Serial Release Basics The homologation process Vehicle Homologation The worldwide different legal systems and their interactions (Europe, USA, Japan, Australia) Global Agreement Differences: Standards Legal Prescriptions The build-up process of EU directives and UN/ECE regulations Dipl. Ing. Wolfgang Wister 2

5 The EU vehicle type approval(s) Scope Vehicle categories Single directive passenger car page: Alternative regulations Uniform structure of single directives / regulations Vehicle type, variant, version page: EU: different approval processes Specials (single-/multi-stage approval, exemptions, small series, end of life series, new technologies, single type approvals CoP - Conformity of Production CoC - Certificate of Compliance Product liability Dipl. Ing. Wolfgang Wister 3

6 The homologation documentation Special vehicle categories Manufacturer s duties Serial production release Main items of existing and in force coming European rulemaking with respect to safety and powertrain items General safety aspects Pedestrian protection Virtual development Dipl. Ing. Wolfgang Wister 4

7 Exhaust emissions CO2 emissions / fuel consumption Brakes Noise Tires, wheels and wheel guards Alternative propulsion systems Exercise Dipl. Ing. Wolfgang Wister 5

8 Homologation is the design and development, testing and manufacturing of - in series produced vehicles, - systems, - independent technical units, - or parts according to legal technical standards with the aim of selling and registering them. The conformity of vehicles, systems, units and parts which will be built in series according to the applicable legal technical requirements has to be proved by the demanded means of testing of one or more vehicles, systems, units and parts. The Type Approval is the written notification of the competent authority, that - the vehicle, - the system, - the technical unit, - the part complies with all the applicable legal technical requirements of a state or an economic region in which it will be sold Dipl. Ing. Wolfgang Wister 6

9 Without homologation no serial release and no selling of a vehicle, system, independant unit or part is allowed and will be prosecutet. During the whole production life time vehicles have to proove the minimum safety and environmental prescriptions as at their time of homologation. This requires a perfect Qhality Management System Beyond that, vehicles have to be safe to a wider sense to avoid expensive Product Liability Claims or even the loss of the permission to be built Dipl. Ing. Wolfgang Wister 7

10 Dipl. Ing. Wolfgang Wister 8

11 Lecturers CV Director MAGNA E-car Chief Counsellor to the BOD Governmental Affairs and Legal Technical Matters at MAGNA STEYR Member of the Automotive Advisory Board of the Austrian Republic Consultant of the Austrian Vehicle Industry Association Adviser, legal technical expert and representative of the Austrian authorities at the European Commission s groups MVEG, MVWG and at nited Nations ECE WP.29 Consultant to Austrian member of the European Parliament section industry Announced Technischer Rat by the president of the Federal Republic of Austria in early Dipl. Ing. Wolfgang Wister 9