A Comparative View of the Implementation of the EU Antitrust Damages Directive in Sixteen Member States
Author: Francisco Marcos
Publisher:
Published: 2018
Total Pages:
ISBN-13:
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Private Enforcement of EU Competition Law
Author: Pier Luigi Parcu
Publisher: Edward Elgar Publishing
Published: 2018-09-28
Total Pages: 247
ISBN-13: 178643881X
DOWNLOAD EBOOKDuring the past decade, private enforcement of competition law has slowly taken off in Europe. However, major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive aimed to establish a level playing field among EU Member States. This timely book represents the first assessment of the implementation of the Damages Directive. Offering a comparative perspective, key chapters provide an up-to-date account of the emerging trends in private enforcement of competition law in Europe.
After the Damages Directive
Author: Andrea Biondi
Publisher: Kluwer Law International B.V.
Published: 2022-01-11
Total Pages: 973
ISBN-13: 9403513101
DOWNLOAD EBOOKInternational Competition Law Series [ICLS], Volume 89 Designed to deter anticompetitive conduct and to ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. This first book of its kind offers a comparative overview, practical and authoritative, of the implementation and application of private enforcement rules in each EU Member State as well as in the post-Brexit United Kingdom, covering legislation and case law to date. For leading jurisdictions where practice is already well developed, there are more detailed chapters, with perspectives of judges, competition authorities, practitioners, and economists. The contributors – all experts in the use of EU competition law in their respective jurisdictions – cover the provisions of the Directive in detail, including the following: requirement of full compensation; rules preventing overcompensation; court’s power to estimate damages that cannot be precisely quantified; joint and several liability for infringing undertakings; coordination between public and private enforcement; provisions related to passing-on; certain rules on admissibility of evidence; rules on limitation periods; and consensual dispute resolution. In its detailed explanations of shared best practices and its highlighting of opportunities for convergence, the book provides much-needed insight into judicial practice and thinking, the economic approaches and strategies relevant to damages, and the coordination between public and private enforcement. These expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their own jurisdictions, as well as into the problems that have arisen or might arise in the future.
The EU Antitrust Damages Directive
Author: Barry Rodger
Publisher: Oxford University Press, USA
Published: 2018-12-20
Total Pages: 544
ISBN-13: 9780198812760
DOWNLOAD EBOOKThis book makes a significant and original contribution to the literature on the developing area of private enforcement of EU competition law. It delivers a significant, rigorous and comprehensive analysis of the transposition across a broad selection of Member States (MS) of a major EU Directive introduced with the aim of harmonising and facilitation competition law damages actions across the European Union.
Research Handbook on the Enforcement of EU Law
Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
Published: 2023-09-06
Total Pages: 581
ISBN-13: 1802208038
DOWNLOAD EBOOKThis comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.
Private Enforcement of Competition Law in Europe
Author: Rafael Amaro
Publisher: Bruylant
Published: 2021-06-10
Total Pages: 353
ISBN-13: 2802770292
DOWNLOAD EBOOKThis book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions. For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the “Pre-Directive era.” In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of “interests.” For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it. Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States.
Competition Law and Policy in the EU and UK
Author: Barry J. Rodger
Publisher: Taylor & Francis
Published: 2021-11-07
Total Pages: 403
ISBN-13: 0429955197
DOWNLOAD EBOOKCompetition Law and Policy in the EU and UK provides a focused guide to the main provisions and policies at issue in the UK and EU, including topics such as anti-competitive agreements, abuse of dominance, mergers and Brexit. The book’s contents are tailored to cover all major topics in competition law teaching, and the authors’ clear and accessible writing style offers an engaging and easy-to-follow overview of the subject for course use. The sixth edition provides a full update for this well-established title and takes recent developments into account, including those in the case law surrounding the concept of ‘object’ agreements under Art 101 TFEU, the concept of abuse under Art 102 TFEU, the treatment of online multi-sided platform markets, and the development of private enforcement. Chapters focus on the substantive laws of the UK and EU and demonstrate how competition law affects business including co-ordinated action, pricing behaviour, takeovers and mergers. Information is presented within a structured framework, complete with discussion of the UK enforcement structures following the UK’s withdrawal from the EU. The book includes a wealth of pedagogical features, including chapter overviews and summaries, discussion questions and further reading. Clear, focused and student-friendly, this book offers a comprehensive resource for students taking competition law courses and will be of interest to postgraduate students and legal professionals looking for an introduction to the topic.
The EU Antitrust Damages Directive
Author: BARRY. SOUSA FERRO RODGER (MIGUEL. MARCOS, FRANCISCO.)
Publisher:
Published: 2018
Total Pages:
ISBN-13: 9780192540942
DOWNLOAD EBOOKThis volume offers a detailed assessment of the transposition of the EU Antitrust Damages Directive across the EU, discussing the process and methodology for implementing EU law in the form of a Directive within national legal systems, and reflecting on the role of Directives more generally to achieve harmonization of rules and institutions.
The Cambridge Handbook of Class Actions
Author: Brian T. Fitzpatrick
Publisher: Cambridge University Press
Published: 2021-02-18
Total Pages:
ISBN-13: 1108801587
DOWNLOAD EBOOKEconomic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.
Research Handbook on Private Enforcement of Competition Law in the EU
Author: Barry J. Rodger
Publisher: Edward Elgar Publishing
Published: 2023-02-14
Total Pages: 559
ISBN-13: 1800377525
DOWNLOAD EBOOKThe Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues.
