EC Private Antitrust Enforcement

EC Private Antitrust Enforcement PDF

Author: Assimakis Komninos

Publisher: Bloomsbury Publishing

Published: 2008-02-22

Total Pages: 366

ISBN-13: 1847314082

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This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.

EC Private Antitrust Enforcement

EC Private Antitrust Enforcement PDF

Author: Assimakis P. Komninos

Publisher:

Published: 2008

Total Pages: 314

ISBN-13: 9781472560216

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This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.

Private Enforcement of EC Competition Law

Private Enforcement of EC Competition Law PDF

Author: Jürgen Basedow

Publisher: Kluwer Law International B.V.

Published: 2007-03-15

Total Pages: 366

ISBN-13: 9041188355

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The European Commission’s recent Green Paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: – the 2001 Courage judgment of the European Court of Justice, in which the court decided that everyone who suffers losses from a violation of arts. 81 or 82 EC is entitled to compensation; – relevance of the case law that contributes to general principles of European tort law; – comparative analysis from the more comprehensive experience of national laws in the United States, Germany, France, and Italy; – calculation of damages; – passing-on of losses sustained in an upstream market to customers in a downstream market; – procedural devices which may help to overcome the lack of implementation; – duties of disclosure and the burden of proof; – collective actions that may help to overcome the rational abstention of individuals; – pitfalls of leniency programmes implemented by national competition authorities; and – issues of jurisdiction and choice of law. The lively debates that followed the presentations at the conference are also recorded here. Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.

Private Antitrust Litigation in the European Union and Japan

Private Antitrust Litigation in the European Union and Japan PDF

Author: Simon Vande Walle

Publisher: Maklu

Published: 2013

Total Pages: 358

ISBN-13: 9046605264

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Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.

European Competition Law Annual 2001

European Competition Law Annual 2001 PDF

Author: Claus-Dieter Ehlermann

Publisher: Bloomsbury Publishing

Published: 2003-07-22

Total Pages: 520

ISBN-13: 1847310486

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The European Competition Law Annual 2001 is the sixth in a series of volumes following the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University in Florence. The volume reproduces the materials of the roundtable debate that took place at the sixth edition of the Workshop (1-2 June 2001),which examined the conditions for an effective private enforcement of EC antitrust rules. The application of EC antitrust rules in the context of private litigation before national courts and arbitration tribunals is becoming a highly topical subject against the background of the on-going debate about the decentralisation of EC antitrust enforcement. The participants – a group of senior representatives of the Commission, national judges, arbitrators, renowned academics and international legal experts in the field of antitrust - discussed in particular the following aspects: a) the availability and effectiveness of substantive remedies in the enforcement of EC antitrust rules at the EU level in general and in four major EU jurisdictions in particular (England, France, Italy and Germany); b) the procedural issues arising in the enforcement of EC antitrust rules by national courts in four EU jurisdictions (England, France, Italy and Germany) and at the EU level in general; c) the problems arising in the application of Article 81(3) EC by arbitration tribunals. In addition to these issues, the participants also discussed whether the public enforcement of EC antitrust rules could be rendered more efffective by introducing sanctions applicable to the individuals responsible for their violation.

Private Antitrust Enforcement at a Roundabout

Private Antitrust Enforcement at a Roundabout PDF

Author: Friedrich Wenzel Bulst

Publisher:

Published: 2007

Total Pages: 0

ISBN-13:

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Private enforcement of EC competition law has reached a new stage with the publication of the European Commission's Green Paper entitled "Damages actions for breach of the EC antitrust rules." Even though it is unclear whether any legislative action at the Community level will follow, the Green Paper has triggered a lively debate. Private enforcement faces a number of external challenges, such as the possibility of introducing a "plea bargaining system" into EC competition law, the "more economic approach" and coordination with public enforcement. Private enforcement is furthermore beset with a number of intrinsic difficulties, the passing-on problem arguably being the central one. This article attempts to find a solution to that problem, i.e., to the difficulties raised by the passing-on of damages through the various levels of the distribution chain. After evaluating the various options proposed by the European Commission in its Green Paper, it comes to the conclusion that a "factor approach" is the most appropriate. A draft provision for potential secondary EC legislation addressing the passing-on problem is offered, attempting to reconcile the insights of economic theory with the exigencies of civil litigation in the courthouse. This provision stipulates the unavailability of the passing-on defence against direct purchasers unless the direct purchaser has entered into a fixed-quantity, cost-plus contract with his purchaser. Indirect purchasers are entitled to damages provided there is no break in the chain of causation. Their damages should be quantified on the basis of the price difference at the direct purchaser level, i.e., the difference between the price actually paid by the direct purchaser and the hypothetical price the direct purchaser would have paid but for the cartel. This amount is multiplied by a certain factor (fraction) taking into account the likely pass-on rate.

Principles of European Antitrust Enforcement

Principles of European Antitrust Enforcement PDF

Author: Wouter Wils

Publisher: Bloomsbury Publishing

Published: 2005-02-22

Total Pages: 203

ISBN-13: 1847312047

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After 1 May 2004, the enforcement of European antitrust law entered a new era. At the same time as 10 new Member States joined the European Union, Regulation No 17, which had governed the enforcement of Articles 81 and 82 EC since 1962, was replaced by Regulation No 1/2003, which has ushered in far-reaching changes. This book brings together six essays which analyse the background and main characteristics of the new enforcement system, as well as a number of outstanding questions and potential areas of further reform, including the question whether private antitrust enforcement should be encouraged, and the question whether the decisional power in antitrust matters should be transferred to the courts. Special attention is given to the problem of the compatibility of the new enforcement system and of the practice of European antitrust enforcement with the requirements of the European Convention of Human Rights and the Charter of Fundamental Rights of the European Union, including the principle of ne bis in idem, the privilege against self-incrimination, and the right to an independent and impartial tribunal. On many of these issues, the discussion contained in this book is not only legal, but also includes an economic analysis from the perspective of efficient law enforcement.

EC Private Antitrust Enforcement

EC Private Antitrust Enforcement PDF

Author: Assimakis Komninos

Publisher: Hart Publishing

Published: 2008-05-01

Total Pages: 0

ISBN-13: 9781841137445

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This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.

Private Enforcement of Competition Law

Private Enforcement of Competition Law PDF

Author: Luis A. Velasco San Pedro

Publisher: Lex Nova

Published: 2011-10

Total Pages: 927

ISBN-13: 8498983347

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The private enforcement of competition law through damages actions and/or injunctions before ordinary courts of justice is currently the preferred system in the United States. It is playing an increasingly important role in Europe by supplementing a still predominantly public system based on disciplinary rules enforced by public authorities that do not entail compensation for victims. Compensation can only be achieved through private enforcement, which is already viewed as an alternative to the public system. This work, whose origins lie in the International Conference on the private enforcement of Competition Law held at the University of Valladolid's School of Law offers a comprehensive, pluralist overview of the subject by providing transversal approaches, joint assessment and information on various national experiences alongside more specific contributions that study specific matters of substantive and procedural law, by covering practically all the relevant issues in this field. The work also addresses the main problems of the system vis-à-vis private international law and its connection and interaction with public enforcement. Also available in Spanish language, with the title: La aplicación privada del Derecho de la competencia.

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