Whish, Richard --- "Competition Law" [2008] ELECD 228; in Moser, Philip; Sawyer, Katrine (eds), "Making Community Law" (Edward Elgar Publishing, 2008)

Book Title: Making Community Law

Editor(s): Moser, Philip; Sawyer, Katrine

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201379

Section: Chapter 5

Section Title: Competition Law

Author(s): Whish, Richard

Number of pages: 17

Extract:

5. Competition law
Richard Whish1

INTRODUCTION2
In his remarkable career as Advocate General at the European Court of Justice
(`the ECJ'), Sir Francis Jacobs delivered Opinions on many aspects of
Community law. Amongst those Opinions were many in the field of competi-
tion law ­ I believe the number to be 20 ­ beginning with Ministère Public v
Jean-Louis Tournier3 on 26 May 1989 and ending with JCB Service v
Commission4 on 15 December 2005. The Opinion in JCB was the final one
that Sir Francis delivered to the ECJ. It is rather interesting to look at these two
cases, separated by a period of more than 16 years, before examining in greater
depth the contribution that Sir Francis has made to the development of the
competition law of the Community during his time at the ECJ.

Ministère Public v Jean-Louis Tournier

In Ministère Public v Jean-Louis Tournier5 complex issues in relation to the
activities of copyright management societies fell to be considered, including
the compatibility with Article 81 EC of reciprocal agreements between such
societies for the management of each others' repertoires in their respective
territories; the application of Article 82 EC to the `global' licence which
SACEM, the society in question, granted to discothèques, irrespective of the
type or number of musical works actually used by them; and the difficult ques-
tion of how to determine whether the fees charged by SACEM were excessive.
On this last point, we often say in 2006 ...