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Private Enforcement Of Ec Competition Law

Author: Jürgen Basedow
Publisher: Kluwer Law International
ISBN: 9041126139
Size: 75.47 MB
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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.

Jurisdiction And Judgments In Relation To Eu Competition Law Claims

Author: Mihail Danov
Publisher: Bloomsbury Publishing
ISBN: 1847316190
Size: 53.31 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.

The International Handbook On Private Enforcement Of Competition Law

Author: Albert A. Foer
Publisher: Edward Elgar Publishing
ISBN: 1849808082
Size: 57.29 MB
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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.

Eu Competition Law

Author: Bernardo Cortese
ISBN: 9789041146779
Size: 64.49 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.

Competition Damages Actions In The Eu

Author: David Ashton
Publisher: Edward Elgar Publishing
ISBN: 1786430746
Size: 78.94 MB
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In this revised and much expanded second edition David Ashton provides a comprehensive review of the EU damages directive (Directive 2014/104/EU) and its implementation, bringing the book up to date with the latest advances in EU Competition Law damages actions. This edition also features insights from practising lawyers on national developments in over 10 countries across Europe and an updated, separately authored, chapter on the quantification of loss. This book will provide practising lawyers and scholars alike with a clear, well-structured and updated guide to EU Competition Law Damages.

Private Enforcement Of Eu Law Before National Courts

Author: Folkert Wilman
Publisher: Edward Elgar Publishing
ISBN: 1784718491
Size: 53.25 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.

Private Enforcement Of Eu Competition Law

Author: Pier L. Parcu
Publisher: Edward Elgar Publishing
ISBN: 9781786438805
Size: 39.86 MB
Format: PDF
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During the past decade, the use of private enforcement within competition law has gradually increased throughout Europe but major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive has established a level playing field among EU Member States. This book represents the first assessment of the implementation of the Damages Directive at the national level.This informative book explores the topic both from a cross-cutting perspective as well as via a set of country case studies. Each chapter focuses on a number of procedural aspects harmonized by the Directive, and analyses the impact of the Directive, taking into consideration the national jurisprudence and the existing legal framework at the national level. By using a comparative lens, this timely book thus provides an up-to-date account of the emerging trends in private enforcement of competition law in Europe.Perceptive and engaging, this book will appeal to students and researchers in EU competition law and policy. Practitioners and national competition authorities will also find it informative and beneficial.

Consumer Involvement In Private Eu Competition Law Enforcement

Author: Maria Ioannidou
Publisher: OUP Oxford
ISBN: 0191039888
Size: 28.87 MB
Format: PDF, ePub
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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.

Eu Competition Law

Author: Eleanor M. Fox
Publisher: Edward Elgar Publishing
ISBN: 1786430843
Size: 46.60 MB
Format: PDF
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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.

European Competition Law Annual 2002

Author: Claus-Dieter Ehlermann
Publisher: Bloomsbury Publishing
ISBN: 1847310494
Size: 47.95 MB
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The European Competition Law Annual 2002 is the seventh 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 seventh Workshop.