private enforcement of ec competition law international competition law series set

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Private Enforcement Of Ec Competition Law

Author : Jurgen Basedow
ISBN : 9789041126139
Genre : Law
File Size : 28. 34 MB
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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 Eu Competition Law

Author : Pier Luigi Parcu
ISBN : 9781786438812
Genre : Law
File Size : 39. 72 MB
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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.

Jurisdiction And Judgments In Relation To Eu Competition Law Claims

Author : Mihail Danov
ISBN : 9781847316196
Genre : Law
File Size : 71. 69 MB
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This book sets out the way that, through enhanced private antitrust enforcement reform, private international law has a pivotal role in EU competition law disputes with an international element. The author offers a thorough analysis of the post-2003 policy of the EU favouring private law enforcement of EU competition law and its implementation under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime. The book also considers how the jurisdiction, recognition and enforcement of judgments issues are dealt with in England under the common law rules applicable when Brussels I does not apply. The complex private international law problems in respect of cross-border class actions that have arisen in several countries, as well as judgments in relation to antitrust infringements, are also discussed. The author further examines the choice of law issues that may arise before the English courts under Rome I and Rome II. The potential problems regarding jurisdiction of arbitral tribunals and choice of law in arbitral proceedings in relation to EU competition law claims, and the jurisdiction of English courts in proceedings ancillary to arbitration claims, are dealt with accordingly.

Consumer Involvement In Private Eu Competition Law Enforcement

Author : Maria Ioannidou
ISBN : 9780198726432
Genre : Antitrust law
File Size : 25. 4 MB
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Despite the growing importance of 'consumer welfare' in EU competition law debates, there remains a significant disconnect between rhetoric and reality, as consumers and their interests still play only an ancillary role in this area of law. Consumer Involvement in Private EU Competition Law Enforcement is the first monograph to exclusively address this highly topical and much debated subject, providing a timely and wide-ranging examination of the need for more active consumer participation in competition law. Written by an expert in the field, it sets out a comprehensive framework of policy implications and arguments for greater involvement, positioning the debate in the context of a broader EU law perspective. It outlines pragmatic approaches to remedial and procedural measures that would enable consumer empowerment. Finally, the book identifies key institutional and political obstacles to the adoption of effective measures, and suggests alternative routes to enhance the role of consumers in private competition law enforcement. The book's innovative approach, combining normative analysis and practical solutions, make it invaluable for academics, policy-makers, and practitioners in the field.

Handbook On European Competition Law

Author : Ioannis Lianos
ISBN : 9781781006023
Genre : Law
File Size : 77. 94 MB
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This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.

Eu Competition Law

Author : Bernardo Cortese
ISBN : 9041146776
Genre : Law
File Size : 82. 73 MB
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Despite several decades' worth of explicit directives, green papers, white papers, proposals, and communications from the European Commission, the actual enforcement of competition law across the Member States today is rife with shifting patterns that escape a clearly bounded framework. The underlying cause of this disarray, the authors of this deeply engaged work contend, lies in a host of legal uncertainties scattered around the intersection where private enforcement encounters the mechanisms of decentralized public enforcement--an area where a number of general as well as special questions of EU competition law, even its very goals and principles, rise into prominence.In this truly authoritative book, eleven well-known European jurists and academics, all experts in competition law, offer in-depth perspectives on these questions and reveal conflicts between EU competition law and enforcement regimes. The subjects on which they focus include the following: agreements and concerted practices; the effect on trade criterion; the quasi legislative role of the Commission; the need to preserve a central role for the preliminary ruling mechanism; burden and standard of proof issues; the role of experts; the abuse of a dominant position in the form of "margin squeeze"; the lack of transparency characterizing the European Competition Network; leniency programmes and the circulation of evidence; calculation of damages and the passing-on defence; peculiarities of antitrust enforcement in the e-communications sector; EU legislative competences in the audiovisual sector; specific features of the pharmaceutical sector; and recent enforcement in the financial services sector.A cumulative effect of the analysis and commentary emerges: that the issues of transparency and process of law raised in this book are profoundly related to the crisis of legitimation that the European Union is currently facing. For this reason the book will be of great interest not only to practitioners, academics, jurists, and officials in competition law, but to a wider legal community as well.

The Modernisation Of Ec Antitrust Law

Author : Rein Wesseling
ISBN : 9781841131214
Genre : Law
File Size : 70. 99 MB
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This text tries to understand the challenges to EC competition policy by examining the origins of the Community's competition law system. It sketches the development of Community competition law and addresses topical problems of EC competition policy.

Modernisation And Enlargement

Author : Damien Geradin
ISBN : 9789050954327
Genre : Law
File Size : 65. 89 MB
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This book comprises a set of papers that were prepared for and delivered at the Global Competition Law Centre's Annual Conference "Modernisation and Enlargement: Two Major Challenges for EC Competition Law". The book presents an analysis of the new Regulation 1/2003 on the implementation of the competition rules laid down in Article 81 and 82 of the Treaty. This new Regulation represents a cultural revolution for EC competition lawyers, who were accustomed to notifying agreements in order to obtain some legal certainty for their clients. Modernisation opens up a brand new world where corporations and their lawyers will be asked to self-assess the validity of their agreements under EC competition law. The direct effect given to Article 81(3) will also stimulate implementation at the national level, including actions in national courts, although several procedural issues may impede private actions in courts. Amongc its other features, Regulation 1/2003 also creates a European Competition Network (ECN), which provides an institutional focus for cooperation between the NCAs and the Commission, as well as among the NCAs themselves. Enlargement of the European Union was one of the factors, which contributed to the adoption of Regulation 1/2003. Enlargement will expand the geographical scope of application of EC competition rules, but it will also create many important challenges. The NCAs of the new Member States are relatively new organisations, which in some cases lack the expertise and resources to pursue a credible enforcement agenda. These Member States are, however, willing to take on those challenges and, though a period of adaptation will be needed, there are no reasons why they should be unable to progressively develop a successful competition policy. Already, some agencies (e.g., in Hungary or Poland) have developed a credible enforcement record. This book is invaluable for all EU competition lawyers.

Eu Competition Law

Author : Eleanor M. Fox
ISBN : 9781786430847
Genre :
File Size : 73. 1 MB
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This clear and concise textbook presents EU competition law in political, economic and comparative context. It combines excerpts from key EU rulings with discussions of enforcement policy issues and comparisons with US antitrust cases. Untangling the complex set of factors driving individual outcomes, it is the perfect companion for any student or practitioner in the field.

Private Enforcement Of Eu Law Before National Courts

Author : Folkert Wilman
ISBN : 9781784718497
Genre : Law
File Size : 62. 63 MB
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Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.

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