Competition Law

COMPETITION LAW

Seventh Edition

RICHARD WHISH

BA BCL (Oxon)

Professor of Law at King’s College London

DAVID BAILEY

LLB (King’s College London), LLM (Harv)

Senior Lecturer at King’s College London

1

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Preface to the seventh edition

It has become customary for Richard Whish to begin the preface to successive editions

of this book by remarking upon how much has changed since the previous edition. For

this edition there is a signifi cant change of a diff erent kind, which is the addition of David

Bailey as a co-author of the book. David worked as a research assistant on the fi ft h edition,

contributed signifi cantly to the sixth, and now shares responsibility, and credit(!), for the

seventh. Richard is delighted that David has become party to what is now a joint venture.

Of course, it is also true to say that there has been an enormous amount of change to

the law, even in the three years between the last edition and this one.

Th e most important development, though not involving any change of the law as such,

is probably the publication of the Guidance on the Commission’s enforcement priorities in

applying Article [102 TFEU] to abusive exclusionary conduct by dominant undertakings. Th e

preface to the sixth edition predicted that the Commission would not publish guidelines

setting out the law: that proved to be a correct prediction. It speculated that instead the

Commission might make a statement as to the ‘principles’ it would apply when deciding

which types of abuse, or which economic sectors, to investigate: that was almost correct, ex￾cept that the document in question explains the Commission’s ‘enforcement priorities’, not

quite the same as ‘principles’. Th e publication of these Enforcement priorities has provoked a

huge amount of debate, not always supportive of the Commission’s approach. We are sup￾portive. Th e Enforcement priorities do not state the law: it is for the EU Courts to decide what

the law is. But they do shed light on what a ‘more economic approach’ to the application of

Article 102 TFEU might look like in practice, and it is not unreasonable to suppose that they

will have a subtle infl uence on the future orientation of the law. Th is is all work-in-progress:

it will be for the ninth edition of this book (probably not the eighth) to refl ect on what infl u￾ence the Enforcement priorities will have had in practice. We have tried very hard to weave

the Enforcement priorities into the text, but without in any sense treating them as a state￾ment of the law: we repeatedly tell our students at King’s not to fall into error by treating the

Enforcement priorities as guidelines setting out the law; the two should not be elided.

Th ere have been many other developments. Th e regime in the EU for vertical agreements

under Article 101 TFEU has been refreshed, with the adoption of Regulation 330/2010 and

the publication of new Guidelines. Th e same is true for horizontal cooperation agreements:

chapter 15 has been rewritten. Th e European Commission has introduced a system of set￾tlements in cartel cases, and three decisions have so far been adopted under this procedure.

Th ere has been an enormous amount of case law from the Courts in Luxembourg, oft en

dealing with procedural issues and the level of fi nes, in particular in cartel cases; but also ex￾ploring some of the most basic issues under Articles 101 and 102 TFEU such as the meaning

of ‘object’ restrictions under Article 101(1) (Beef Industry Development Society v Competition

Authority, GlaxoSmithKline v Commission, T-Mobile v NMa) and the nature of ‘abuse’ under

Article 102 (see in particular AstraZeneca v Commission). Deutsche Telekom v Commission

and TeliaSonera v Konkurrensverket are notable not only for their recognition of margin

squeeze as an independent type of abuse under Article 102 but also for their emphasis on the

‘as effi cient’ competitor approach to that provision. Th e Court of Justice would appear to want

to contradict the common accusation that Article 102 is used to protect competitors rather

than the process of competition: it actually protects competition between effi cient fi rms.

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iv PREFACE TO THE SEVENTH EDITION

Much has been happening in UK competition law and policy as well. Th e OFT has

imposed signifi cant fi nes in a number of cases in recent years, for example in Construction

bid rigging, Recruitment agencies, Royal Bank of Scotland, Tobacco and Reckitt Benckiser.

Th e fi nes in the fi rst two of these were reduced on appeal, but there is no doubt that the

law is being enforced more vigorously now than previously. Th ere have been many new

guidelines on matters such as leniency, OFT investigation procedures and merger con￾trol: a welcome development has been the adoption of joint guidelines on substantive

merger assessment by the OFT and Competition Commission.

At the time of writing, a consultation on the reform of UK competition law, initiated

by the Department for Business, Innovation and Skills, has just closed: this is likely to

lead to the OFT and Competition Commission being merged into a new Competition and

Markets Authority. In writing this book we are constrained by a word limit (this edition is

the same length as the sixth). We have chosen to say little about the possibilities for reform

in the text of this edition, as it is likely that anything we write now will soon be overtaken

by events. We intend, therefore, to keep readers informed of the position by updating the

Online Resource Centre that accompanies this book. Th e cut-off date for this text is 20 June

2011, although a few minor updates have been included at the stage of correcting proofs.

We have made many changes to the text to refl ect the entry into force of the Lisbon

Treaty. In particular we have used the terms ‘General Court’ and ‘Court of Justice’

throughout, and have deleted all references to the ‘CFI’ and ‘ECJ’. We have usually

changed Articles 81 and 82 to Articles 101 and 102, except that we have not altered the

titles of books and articles, in deference to their authors.

Th e book contains numerous tables of cases and decisions, for example of commitment

decisions of the European Commission under Article 9 of Regulation 1/2003 (chapter 7),

decisions of the competition authorities in the UK under the Chapter I and II prohibi￾tions in the Competition Act 1998 and Articles 101 and 102 (chapter 9) and Phase II

merger investigations under the EU Merger Regulation (chapter 21). In some cases fuller

tables containing details of older decisions will be found on the Online Resource Centre:

for example we have posted there tables of all Phase II merger cases under the EU Merger

Regulation and the UK Enterprise Act 2002 since they entered into force.

Many people have been very helpful to us with their comments, and we thank them hugely.

In particular we would like to mention Carole Begent, Margaret Bloom, Leo Flynn, Jackie

Holland, Deborah Jones, Adrian Majumdar, Sheldon Mills, David Rawlings, Chris Townley

and Wouter Wils. If we have forgotten anyone, we apologise profusely! A very special ‘thank

you’ goes to Dimitris Mourkas, who was also Richard’s research assistant for the sixth edition:

his contribution was terrifi c, and he is also a very good friend. We are very grateful to the

Centre of European Law at King’s College London, which provided the funding for Dimitris’

research assistance. We also thank OUP for their support throughout, including their under￾standing of our diffi culties in complying with what would have been their ideal deadlines.

Th e development of competition law today is ceaseless, and updating a book that

attempts to explain the EU rules as well as the UK ones (which in several ways are quite

diff erent) within a broader international context inevitably takes its toll on social and

family life. For this edition Anil Sinanan was unable to provide any Bollywood block￾busters to provide respite (sadly a lean period musically), but at least there was always

some Pinot Grigio to encourage original thinking.

Richard Whish

Marshfi eld, June 2011

David Bailey

London, June 2011

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Contents

Table of treaties and conventions xiii

Table of EU legislation xiv

Table of statutes xviii

Table of statutory instruments xxii

Table of competition commission reports xxv

Table of OFT reports, decisions and publications xxvii

Table of cases xxviii

List of abbreviations lxix

1 Competition policy and economics 1

1. Introduction 1

2. Overview of the Practices Controlled by Competition Law 2

3. The Theory of Competition 3

4. The Function of Competition Law 19

5. Market Defi nition and Market Power 25

2 Overview of EU and UK competition law 49

1. Introduction 49

2. EU Law 49

3. UK Law 58

4. The Relationship Between EU Competition Law and National

Competition Laws 75

5. The Institutional Structure of EU and UK Competition Law 79

3 Article 101(1) 82

1. Introduction 82

2. Undertakings and Associations of Undertakings 83

3. Agreements, Decisions and Concerted Practices 99

4. The Object or Effect of Preventing, Restricting or Distorting Competition 115

5. The De Minimis Doctrine 140

6. The Effect on Trade Between Member States 144

7. Checklist of Agreements That Fall Outside Article 101(1) 149

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vi CONTENTS

4 Article 101(3) 151

1. Introduction 151

2. The Article 101(3) Criteria 155

3. Regulation 1/2003 166

4. Block Exemptions 168

5 Article 102 173

1. Introduction 173

2. The Commission’s Guidance on Article 102 Enforcement Priorities 174

3. Undertakings 177

4. The Effect on Inter-State Trade 178

5. Dominant Position 179

6. A Substantial Part of the Internal Market 189

7. Small Firms and Narrow Markets 190

8. Abuse 192

9. Defences 210

10. The Consequences of Infringing Article 102 214

6 The obligations of Member States under the EU competition rules 215

1. Introduction 215

2. Article 4(3) TEU – Duty of Sincere Cooperation 216

3. Article 106 TFEU – Compliance with the Treaties 222

4. Article 37 TFEU – State Monopolies of a Commercial Character 245

5. Articles 107 to 109 TFEU – State Aids 246

7 Articles 101 and 102: public enforcement by the European Commission

and national competition authorities under Regulation 1/2003 248

1. Overview of Regulation 1/2003 250

2. The Commission’s Enforcement Powers under Regulation 1/2003 251

3. Regulation 1/2003 in Practice 288

4. Judicial Review 290

8 Articles 101 and 102: private enforcement in the courts of Member States 295

1. Introduction 295

2. Actions for an Injunction and/or Damages 297

3. Damages Actions in the UK Courts 306

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CONTENTS vii

4. Competition Law as a Defence 319

5. Arbitration 325

6. Proposals for Reform 327

9 Competition Act 1998 – substantive provisions 330

1. Introduction 330

2. The Competition Act 1998 – Overview 331

3. The Chapter I Prohibition 333

4. The Chapter II Prohibition 360

5. ‘Governing Principles Clause’: Section 60 of the Competition Act 1998 369

6. The Competition Act 1998 in Practice 374

10 Competition Act 1998 and the cartel offence: public enforcement

and procedure 393

1. Introduction 393

2. Inquiries and Investigations 394

3. Complaints and Super-Complaints 402

4. Opinions and Informal Advice 403

5. Enforcement 404

6. The Cartel Offence and Company Director Disqualifi cation 424

7. Concurrency 437

8. Appeals 439

9. Article 267 References 449

11 Enterprise Act 2002: market studies and market investigations 451

1. Introduction 451

2. Overview of the Provisions on Market Investigation References 452

3. Super-Complaints 454

4. OFT Market Studies 458

5. Market Investigation References 466

6. Public Interest Cases 474

7. Enforcement 474

8. Supplementary Provisions 477

9. The Market Investigation Provisions in Practice 479

10. Orders and Undertakings Under the Fair Trading Act 1973 486

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viii CONTENTS

12 The international dimension of competition law 487

1. Introduction 487

2. Extraterritoriality: Theory 488

3. The Extraterritorial Application of US Competition Law 491

4. The Extraterritorial Application of EU Competition Law 495

5. The Extraterritorial Application of UK Competition Law 501

6. Resistance to Extraterritorial Application of Competition Law 504

7. The Internationalisation of Competition Law 506

13 Horizontal agreements (1) – cartels 512

1. The Hardening Attitude of Competition Authorities Worldwide

Towards Cartels 513

2. The European Commission’s Approach to Cartels 517

3. Horizontal Price Fixing 522

4. Horizontal Market Sharing 530

5. Quotas and Other Restrictions on Production 533

6. Collusive Tendering 536

7. Agreements Relating to Terms and Conditions 538

8. Exchanges of Information 539

9. Advertising Restrictions 547

10. Anti-Competitive Horizontal Restraints 550

11. UK Law 552

14 Horizontal agreements (2) – oligopoly, tacit collusion and

collective dominance 559

1. Introduction 559

2. The Theory of Oligopolistic Interdependence 560

3. Article 101 567

4. Article 102 and Collective Dominance 571

5. UK Law 582

15 Horizontal agreements (3) – cooperation agreements 585

1. Introduction 585

2. Full-Function Joint Ventures 585

3. The Application of Article 101 to Horizontal Cooperation Agreements and

the Commission’s Guidelines on Horizontal Cooperation Agreements 586

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CONTENTS ix

4. Information Agreements 592

5. Research and Development Agreements 592

6. Production Agreements 599

7. Purchasing Agreements 603

8. Commercialisation Agreements 605

9. Standardisation Agreements 607

10. Other Cases of Permissible Horizontal Cooperation 611

11. The Application of the Chapter I Prohibition in the UK Competition

Act 1998 to Horizontal Cooperation Agreements 615

16 Vertical agreements 617

1. Introduction 617

2. The Distribution Chain 618

3. Vertical Integration 619

4. Commercial Agents 621

5. Vertical Agreements: Competition Policy Considerations 623

6. Vertical Agreements: Article 101(1) 628

7. Vertical Agreements: Regulation 330/2010 649

8. The Application of Article 101(3) to Agreements that do not Satisfy

the Block Exemption 672

9. Regulation 461/2010 on Motor Vehicle Distribution 674

10. Sub-Contracting Agreements 676

11. UK Law 677

17 Abuse of dominance (1): non-pricing practices 681

1. Introduction 681

2. Exclusive Dealing Agreements 682

3. Tying 688

4. Refusal to Supply 697

5. Non-Pricing Abuses that are Harmful to the Internal Market 711

6. Miscellaneous Other Non-Pricing Abuses 712

18 Abuse of dominance (2): pricing practices 715

1. Introduction 715

2. Cost Concepts 716

3. Exploitative Pricing Practices 718

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x CONTENTS

4. Rebates that have Effects Similar to Exclusive Dealing Agreements 728

5. Bundling 737

6. Predatory Pricing 739

7. Margin Squeezing 754

8. Price Discrimination 759

9. Pricing Practices that are Harmful to the Single Market 764

19 The relationship between intellectual property rights and competition law 767

1. Introduction 767

2. Licences of Intellectual Property Rights: Article 101 770

3. Technology Transfer Agreements: Regulation 772/2004 781

4. The Application of Article 101 to Other Agreements Relating to

Intellectual Property Rights 791

5. Article 102 and Intellectual Property Rights 796

6. UK Law 806

20 Mergers (1) – introduction 809

1. Introduction 809

2. Terminology 809

3. Merger Activity 811

4. The Proliferation of Systems of Merger Control 812

5. Why Do Firms Merge? 813

6. What is the Purpose of Merger Control? 816

7. Designing a System of Merger Control 826

21 Mergers (2) – EU law 828

1. Introduction 828

2. Overview of EU Merger Control 829

3. Jurisdiction 833

4. Notifi cation, Suspension of Concentrations, Procedural Timetable

and Powers of Decision 855

5. Substantive Analysis 861

6. Remedies 884

7. Powers of Investigation and Enforcement 890

8. Judicial Review 891

9. International Cooperation 897

10. The EUMR in Practice 898

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CONTENTS xi

22 Mergers (3) – UK law 907

1. Introduction 907

2. Overview of UK Merger Control 908

3. The OFT’s Duty to Make References 912

4. Determination of References by the CC 929

5. The ‘Substantial Lessening of Competition’ Test 932

6. Enforcement 941

7. Supplementary Provisions 949

8. The Merger Provisions in Practice 951

9. ‘ Public Interest Cases’, ‘Other Special Cases’ and Mergers in the

Water Industry 956

23 Particular sectors 962

1. Introduction 962

2. Nuclear Energy 962

3. Military Equipment 963

4. Agriculture 963

5. Coal and Steel 967

6. Transport 967

7. Regulated Industries 977

8. Electronic Communications 980

9. Post 984

10. Energy 989

11. Water 991

Bibliography 993

Index 997

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Table of treaties and conventions

Euratom Treaty, Art 80 . . . 83

European Convention for

the Protection of Human

Rights and Fundamental

Freedoms 1950

Art 6 . . . 249, 400

Art 6(1) . . . 59

Art 6(2) . . . 59

Art 8 . . . 59

Protocol 1, Art 1 . . . 59

European Economic Area

Agreement 1994

Art 53 . . . 57, 91

Art 54 . . . 57

Art 56 . . . 57

Art 57 . . . 898

Art 58 . . . 898

Art 59 . . . 57

Art 61 . . . 57

Art 106 . . . 58

Art 108 . . . 57

Protocol 22, Art 1 . . . 83

Protocol 24 . . . 898

Hague Convention . . . 505

Lisbon Treaty 2007 . . . 49

Maastricht Treaty 1992 . . . 49

Treaty on European Union (TEU)

Art 3(3) . . . 50, 51

Art 4(3) . . . 178, 215–222, 305,

706, 897

Art 6(1) . . . 249

Art 51 . . . 50

Treaty on the Functioning

of the European

Union (TFEU) . . . 91

Art 3(1)(b) . . . 50

Art 3(3) . . . 203

Art 4(2)(b) . . . 91

Art 11 . . . 157

Art 14 . . . 237, 238

Art 18 . . . 222, 708

Arts 34–36 . . . 39

Art 37 . . . 178, 215, 245, 246

Art 37(1) . . . 245

Arts 38–44 . . . 963

Art 39 . . . 964, 966, 967

Art 43 . . . 975

Art 49 . . . 852

Art 56 . . . 131

Arts 56–62 . . . 39

Art 63 . . . 852

Arts 90–100 . . . 967

Art 101 . . . 26, 52, 54, 58,

62–80, 82, 83, 216–21,

248– 334, 394, 435, 440,

466, 469, 483, 520, 538,

540, 551, 567–9, 590–616,

617–80, 962–92

Art 101(1) . . . 13, 28, 29, 51, 53,

75, 82–150, 151, 159, 221,

239, 335, 337, 342, 523–8,

533, 537, 541–5, 549, 562,

569, 570, 617–80, 773–80

Art 101(1)(b) . . . 534, 535

Art 101(1)(c) . . . 531

Art 101(2) . . . 82, 200, 319–21,

346, 347

Art 101(3) . . . 13, 51–3, 82,

95, 116, 119, 121, 128, 132,

133, 136, 150, 151–72, 218,

321, 334, 342, 356, 407, 526,

529–31, 533, 536, 540, 546,

549, 566, 571, 587, 625, 628,

636, 637, 780

Art 101(3)(b) . . . 29

Arts 101–109 . . . 50, 222

Art 102 . . . 22, 26, 30–32, 39,

42, 52, 54, 58, 62–80, 83, 93,

105, 117, 138, 139, 145, 148,

173–214, 216–19, 225–30,

248– 334, 394, 435, 440,

466, 469, 483, 530, 562,

571–82, 629, 681–808, 955,

962–92

Art 102(2)(a) . . . 725

Art 103 . . . 53, 828

Art 104 . . . 975

Art 105 . . . 845, 975

Art 106 . . . 69, 215, 222–44,

986

Art 106(1) . . . 51, 216, 223–35

Art 106(2) . . . 51, 84, 87, 137,

178,

229, 235–42, 352, 987

Art 106(3) . . . 216, 242–4, 353,

981

Arts 107–109 . . . 51, 215, 246,

247

Art 109 . . . 247

Art 114 . . . 980

Art 118(1) . . . 768

Art 119(1) . . . 50

Arts 145–159 . . . 157

Art 153 . . . 91

Art 167 . . . 157

Art 173 . . . 158

Art 179(2) . . . 595

Arts 191–193 . . . 157

Art 194 . . . 989

Art 257 . . . 56

Art 258 . . . 216, 220, 244, 247,

537, 852

Art 259 . . . 247

Art 261 . . . 54, 290, 293, 891

Art 263 . . . 54, 291, 891–3

Art 263(1) . . . 292

Art 265 . . . 54, 290

Art 267 . . . 55, 126, 128, 131,

149, 219, 228, 240, 299, 303,

304, 326, 374, 394, 449, 450,

544, 587, 721, 723, 757, 964

Art 288 . . . 304

Art 339 . . . 286, 302

Art 340 . . . 293

Art 340(2) . . . 301

Art 345 . . . 212, 216, 796

Art 346 . . . 833, 963

Art 346(1)(b) . . . 855, 963

Art 346(2) . . . 963

Art 352 . . . 53

Art 353 . . . 828

Treaty establishing the

European Coal and Steel

Community (ECSC) . . . 967

Art 65(1) . . . 546

Art 66(7) . . . 828

Art 80 . . . 83

Treaty of Paris

1951 . . . 49, 967

United Nations Conference

on Trade and Development

(‘UNCTAD’) . . . 507

World Trade Organization

Agreement on

Trade-Related Aspects of

Intellectual Property

Rights (TRIPS) . . . 487

Art 8(2) . . . 797

00_Whish-Prelims.indd xiii 12/9/2011 12:20:01 PM

Table of EU legislation

Regulations

Reg17/62 OJ [1962] 204/62, OJ

Sp Ed [1962] p 87 . . . 154, 155,

159, 167, 248, 253, 971

Art 3 . . . 255

Art 3(2) . . . 291

Art 9(1) . . . 152

Art 12 . . . 268

Reg19/65 OJ [1965]

p 533, OJ [1965–66]

p 35 . . . 169, 653, 781

Reg1017/68 OJ [1968] L 175/1

on inland transport . . . 968

Art 4 . . . 168

Reg2821/71 OJ [2010] L 129/52

on grant block exemption in

respect of standardisation

agreements . . . 170

Reg1983/83 OJ [1983] L 173/1

on exclusive distribution

agreements . . . 649

Reg1984/83 OJ [1983] L 173/5

on exclusive purchasing

agreements . . . 649

Reg4056/86 OJ [1986] L 378/1

on maritime transport

Art 2 . . . 972

Art 3 . . . 971, 972

Arts 3–5 . . . 154

Art 4 . . . 971

Arts 3–6 . . . 169

Art 16(3) . . . 972

Reg3975/87 OJ [1987] L 374/1 on

air transport . . . 968, 975

Reg3976/87 OJ [1988] L 374/9 on

air transport . . . 975

Reg4087/88 OJ [1988] L 359/46 on

franchise agreements . . . 650

Reg556/89 OJ [1990]

L 257/15 . . . 779

Reg2299/89 on a code of conduct

for computerised reservation

systems . . . 704, 974

Reg 4064/89 OJ [1990]

L 257/13 . . . 712, 828

Reg2343/90 OJ [1990] L 217/8

on access for air carriers

to scheduled intra-EU

routes . . . 974

Reg249/91 OJ [1991] L 36/1 on

air cargo services between

Member States . . . 974

Reg295/91 OJ [2004] L 46/1 on

compensation to passengers

denied boarding (‘bumped’)

in air transport . . . 974

Reg479/92 OJ [1992] L 55/3 on

granting block exemption to

some shipping . . . 971

Reg2407/92 OJ [1992] L 240/1

on the licensing of air

carriers . . . 974

Reg2408/92 OJ [1992] L

240/15provides that EU air

carriers shall freely set their

own fares . . . 974

Reg95/93 OJ [1993] L

14/1establishes common rules

for the allocation of slots at EU

airports . . . 974

Reg 40/94 OJ [1994] L 11/1

Community Trade Mark

Regulation . . . 768

Reg3288/94 OJ [1994] L

349/83Community Trade

Mark (Amendment)

Regulation . . . 768

Reg1310/97 OJ [1997] L 180/1

. . . 829

Reg994/98 OJ [1998] L 142/1

. . . 247

Reg659/1999 OJ [1999] L 83/1

. . . 247

Reg1215/99 OJ [1999] L 148/1 . . .

169, 653

Reg2790/99 OJ [1999] L 336/21

. . . 650

Recital 8 . . . 660

Recital 9 . . . 660

Art 2(4)(a) . . . 659

Art 3 . . . 660

Art 3(2) . . . 661

Art 4 . . . 660

Art 4(b) . . . 668

Reg2659/2000 OJ [2000] L 304/7

. . . 170, 595, 596

Reg44/2001 OJ [2001] L

12/1Brussels Regulation on

Jurisdiction and the

Recognition and Enforcement

of Judgments in Civil and

Commercial Matters . . . 309, 322

Art 2 . . . 308

Art 5 . . . 308

Art 27 . . . 319

Reg 6/2002 OJ [2002] L 3/1

Community Designs

Regulation . . . 769

Reg1400/2002 OJ [2002]

L 203/30 . . . 675

Reg 1/2003 OJ [2003] L 1/1

on the implementation of

the rules on competition

laid down in

Articles [101 and 102 TFEU]

. . . 49–54, 60–3, 116, 145, 248,

250–90, 302–305, 330, 449–51,

469, 587, 845, 971

Recital 3 . . . 167, 296

Recital 5 . . . 153

Recital 6 . . . 252

Recital 7 . . . 296, 302

Recital 8 . . . 76, 77

Recital 9 . . . 76, 78

Recital 10 . . . 671

Recital 11 . . . 255

Recital 12 . . . 254

Recital 13 . . . 256, 258

Recital 15 . . . 264

Recital 21 . . . 264, 302

Recital 22 . . . 258, 264, 304

Recital 23 . . . 269

Recital 26 . . . 274

Recital 37 . . . 249

Recital 38 . . . 261

Art 1(1) . . . 152

Art 1(2) . . . 152

Art 2 . . . 152, 251

Art 3 . . . 49, 75, 76, 334, 426

Art 3(1) . . . 334, 345

Art 3(2) . . . 334, 369

Art 4 . . . 252

Art 5 . . . 152, 252

Art 6 . . . 152, 252, 253, 296, 302

Art 7 . . . 214, 251, 253, 257,

260,

283, 287, 408, 565

Art 7(1) . . . 254

Art 7(2) . . . 255, 291

Arts 7–10 . . . 253, 265

Art 8 . . . 255, 275, 283

Art 9 . . . 55, 167, 168, 172, 177,

214, 250, 254–8, 260, 284, 289,

405, 529, 577, 607, 615, 623,

674, 685, 686, 736, 976, 990

00_Whish-Prelims.indd xiv 12/9/2011 12:20:02 PM