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Public and Private Enforcement of Competition Law in Europe

Author: Kai Hüschelrath

Publisher: Springer

Published: 2014-08-01

Total Pages: 278

ISBN-13: 3662439751

Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways – for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement – for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation. The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe.

Private Enforcement of EU Competition Law

Author: Pier Luigi Parcu

Publisher: Edward Elgar Publishing

Published: 2018-09-28

Total Pages: 256

ISBN-13: 178643881X

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During 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.

Private Enforcement of EC Competition Law

Author: Jurgen Basedow

Publisher: Kluwer Law International B.V.

Published: 2007-01-01

Total Pages: 366

ISBN-13: 9041126139

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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 Enforcement of Competition Law in Europe

Author: Rafael Amaro

Publisher: Bruylant

Published: 2021-06-10

Total Pages: 353

ISBN-13: 2802770292

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This 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.

The International Handbook on Private Enforcement of Competition Law

Author: Albert A. Foer

Publisher: Edward Elgar Pub

Published: 2010

Total Pages: 637

ISBN-13: 9781848448773

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'This comprehensive and well written volume surveys the private enforcement provisions of virtually every country in the world that has a competition law recognizing private actions. It is a first-of-its-kind, incredibly valuable undertaking. In addition to individual country surveys this book includes valuable comparative studies of private enforcement as well as theoretical and empirical analysis of its effects. Every competition lawyer with a multinational practice will benefit from owning it.' - Herbert Hovenkamp, University of Iowa, US

The International Handbook on Private Enforcement of Competition Law

Author: Albert A. Foer

Publisher: Edward Elgar Publishing

Published: 2012

Total Pages: 0

ISBN-13: 9781781005286

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With the international community on the brink of an explosion of private remedies for violation of national competition laws, this timely Handbook provides state-of the-art analysis of the private enforcement of competition laws across the globe. Private enforcement of antitrust is becoming a significant component of competition policy laws worldwide; today, more than a hundred jurisdictions have adopted market regimes operating within a framework of competition law, providing a varied base for developing ways by which persons injured by anticompetitive conduct will (or will not) be able to obtain remedies. Written primarily from the perspective of the complainant, the Handbook contributes to the discussion by presenting empirical research on private remedies through unprecedented, detailed and systematic analysis of private antitrust enforcement in the US. The expert contributors - law practitioners in the US and 21 other countries - explain both the law and the realities regarding private remedies as they have experienced them. They provide useful information to law and policy makers contemplating the introduction or expansion of private enforcement and to competition advocacy NGOs, attorneys and others who may wish to support or utilize the tools of private enforcement. By way of conclusion, valuable observations are imparted and recommendations prescribed. This important Handbook will prove an invaluable reference tool for a wide-ranging audience including: international private practice lawyers, law academics and students with a special interest in competition policy, international government officials involved in legislation or regulation of private remedies in countries with competition laws, and economists consulting in competition cases.

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

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The 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.

Private Enforcement of Competition Law

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.

Transferts forcés de propriété

Author:

Publisher:

Published: 1980

Total Pages: 381

ISBN-13:

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Reconciling Efficiency and Equity

Author: Damien Gerard

Publisher: Cambridge University Press

Published: 2019-05-09

Total Pages: 475

ISBN-13: 1108498086

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Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.