Harmonising EU Competition Litigation

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Publisher :
ISBN 13 : 9781509902767
Total Pages : pages
Book Rating : 4.9/5 (27 download)

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Book Synopsis Harmonising EU Competition Litigation by : Maria Bergström

Download or read book Harmonising EU Competition Litigation written by Maria Bergström and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

EU Competition Litigation

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Publisher :
ISBN 13 : 9781509922048
Total Pages : 242 pages
Book Rating : 4.9/5 (22 download)

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Book Synopsis EU Competition Litigation by :

Download or read book EU Competition Litigation written by and published by . This book was released on 2019 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: "All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The Directive (and the soft-law instruments accompanying it) not only marks a new phase for private enforcement of competition law but also, more generally, provides a novel and thought provoking instance of EU harmonisation of aspects of private law and civil litigation. Following up on a previous volume in the Swedish Studies in European Law series, published in 2016, this book offers contributions from top practitioners and scholars from all over Europe, who present and discuss first experiences from the implementation of the new damages regime in various jurisdictions. Topics covered include theoretical and practical reflections on the state of private enforcement in Europe, the balancing of conflicting interests pertaining to public and private enforcement of competition law respectively, and specific legal issues such as causation and the estimation of harm. The authors explore problems solved, problems created, and future challenges in the new regime of private enforcement of competition law in Europe, offering predictions as to issues that may have to be settled through recourse to the European Court of Justice"--Bloomsbury Publishing.

Harmonisation of EU Competition Law Enforcement

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Publisher : Springer Nature
ISBN 13 : 3030302334
Total Pages : 280 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Harmonisation of EU Competition Law Enforcement by : Jurgita Malinauskaite

Download or read book Harmonisation of EU Competition Law Enforcement written by Jurgita Malinauskaite and published by Springer Nature. This book was released on 2019-11-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.

Private Enforcement of EU Competition Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178643881X
Total Pages : 256 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Private Enforcement of EU Competition Law by : Pier Luigi Parcu

Download or read book Private Enforcement of EU Competition Law written by Pier Luigi Parcu and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EU Competition Litigation

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Publisher : Hart Publishing
ISBN 13 : 9781509946068
Total Pages : 272 pages
Book Rating : 4.9/5 (46 download)

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Book Synopsis EU Competition Litigation by : Magnus Strand

Download or read book EU Competition Litigation written by Magnus Strand and published by Hart Publishing. This book was released on 2020-12-17 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The Directive (and the soft-law instruments accompanying it) not only marks a new phase for private enforcement of competition law but also, more generally, provides a novel and thought provoking instance of EU harmonisation of aspects of private law and civil litigation. Following up on a previous volume in the Swedish Studies in European Law series, published in 2016, this book offers contributions from top practitioners and scholars from all over Europe, who present and discuss first experiences from the implementation of the new damages regime in various jurisdictions. Topics covered include theoretical and practical reflections on the state of private enforcement in Europe, the balancing of conflicting interests pertaining to public and private enforcement of competition law respectively, and specific legal issues such as causation and the estimation of harm. The authors explore problems solved, problems created, and future challenges in the new regime of private enforcement of competition law in Europe, offering predictions as to issues that may have to be settled through recourse to the European Court of Justice.

Public and Private Enforcement of Competition Law in Europe

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Publisher : Springer
ISBN 13 : 3662439751
Total Pages : 279 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis Public and Private Enforcement of Competition Law in Europe by : Kai Hüschelrath

Download or read book Public and Private Enforcement of Competition Law in Europe written by Kai Hüschelrath and published by Springer. This book was released on 2014-08-01 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 European Competition and State Aid Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 940350210X
Total Pages : 421 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Private Enforcement of European Competition and State Aid Law by : Ferdinand Wollenschläger

Download or read book Private Enforcement of European Competition and State Aid Law written by Ferdinand Wollenschläger and published by Kluwer Law International B.V.. This book was released on 2020-01-09 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.

Litigation and Arbitration in EU Competition Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1783478861
Total Pages : 336 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Litigation and Arbitration in EU Competition Law by : Mel Marquis

Download or read book Litigation and Arbitration in EU Competition Law written by Mel Marquis and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: With courts and arbitrators functioning daily as front line decision-makers applying EU competition law, this book reflects on a variety of issues related to the litigation and arbitration of cases in this field. It provides expert analysis from perspe

Competition Law in the EU

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788974751
Total Pages : 500 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Competition Law in the EU by : Johan W. van de Gronden

Download or read book Competition Law in the EU written by Johan W. van de Gronden and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive textbook enhances understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control and state aid law. Providing an examination of well-established doctrines, landmark judgements and the impact of recent developments, this textbook also emphasises the importance of the interplay between domestic and European competition law by discussing national competition rules and frameworks.

The 'Right to Damages' under EU Competition Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142495
Total Pages : 432 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The 'Right to Damages' under EU Competition Law by : Veljko Milutinovic

Download or read book The 'Right to Damages' under EU Competition Law written by Veljko Milutinovic and published by Kluwer Law International B.V.. This book was released on 2010-11-19 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is the provocative thesis of this book that the Commission’s struggle for a more ‘effective’ system of private enforcement has gone from being a mere enhancement of a single EU policy (competition) to slowly but surely fuelling a paradigm shift in EU law.

EU Competition and State Aid Rules

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Publisher : Springer
ISBN 13 : 3662479621
Total Pages : 313 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis EU Competition and State Aid Rules by : Vesna Tomljenović

Download or read book EU Competition and State Aid Rules written by Vesna Tomljenović and published by Springer. This book was released on 2017-12-28 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book scrutinizes legislative novelties and case law in the area of EU competition and state aid rules, focusing on the interaction between public and private enforcement of those rules. It is intended for scholars, stakeholders and anyone involved in the process of law enforcement – judges, attorneys at law, corporate lawyers and market participants. The book features contributions by prominent competition law scholars offering an academic analysis of the topics covered, and by several EU General Court judges, including its President, Mr. Marc Jaeger, providing first-hand information on the application of the EU competition rules in the General Court.

Harmonising EU Competition Litigation

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509902740
Total Pages : 368 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Harmonising EU Competition Litigation by : Maria Bergström

Download or read book Harmonising EU Competition Litigation written by Maria Bergström and published by Bloomsbury Publishing. This book was released on 2016-01-14 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in the Swedish Studies in European Law series, produced by the Swedish Network for European Legal Studies, heralds the new harmonised regime of private enforcement of EU competition law. In 2013, the Commission issued a Communication and Practical Guide to the quantification of harm in antitrust litigation and a Recommendation on collective redress. In 2014, the long-awaited Directive on actions for damages for infringements of EU competition law was finally adopted. In 2016, the Commission is expected to issue guidelines on the passing-on of overcharges. This book examines these recent developments and offers the perspectives of judges, officials, practitioners and academics. With a preface by Judge Carl Wetter of the General Court, the book explores five different themes. In section one, the main policy issues and challenges are presented. In section two, the new regime is placed in the bigger picture of recent EU law developments. In section three, the nexus between private enforcement and transparency is investigated. A comparative perspective is offered in section four by looking into private enforcement in five Member State jurisdictions. Finally, issues relating to causation, harm and indirect purchasers are explored in section five.

Leniency in EU Competition Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403517255
Total Pages : 426 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Leniency in EU Competition Law by : Ingrid Margrethe Halvorsen Barlund

Download or read book Leniency in EU Competition Law written by Ingrid Margrethe Halvorsen Barlund and published by Kluwer Law International B.V.. This book was released on 2020-06-18 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leniency has emerged as one of the main enforcement instruments used by competition authorities to combat cartels. Offering immunity from punishment is believed to destabilise already existing cartels and deter undertakings from entering into such arrangements. This book offers the first in-depth analysis of the scope of leniency in European Union (EU) competition law, considering three crucial ramifications – ensuring a leniency applicant can self-report with confidence, retaining the right to compensation of those who have suffered losses due to the cartel and furthering the objective of undistorted competition within the internal market. With thorough insight into the interaction between the Commission’s Leniency Notice and public and private enforcement, the author fully explains such aspects of the subject as the following: who is eligible for leniency; liability of an immunity recipient; the EU fining system; disclosure of leniency evidence; scope of public authorities reaching out to cartel infringers; the immunity recipient and follow-on damages claimants; the immunity recipient and subsequent leniency applicants; effect of the Damages Directive; and the European Economic Area dimension. The author offers cogent suggestions about how the shortcomings of the Commission’s leniency offer can be ameliorated and which regulatory steps should be taken to give the policy greater leverage. The author calls for increased harmonisation at national level in the EU and compares leniency practice in US antitrust law. As a comprehensive analysis of the practical application of current policy and procedure in EU cartel enforcement, the book clearly shows the ways in which the scope of leniency is manifest in the interaction between public and private enforcement, evaluating which interaction is most effective. Its practical character will be recognised and welcomed by competition law practitioners and policymakers, who will strengthen their grasp of leniency procedure and clearly discern implications for competition infringement cases.

Coherence in EU Competition Law

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Publisher : Oxford University Press
ISBN 13 : 0191065986
Total Pages : 352 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Coherence in EU Competition Law by : Wolf Sauter

Download or read book Coherence in EU Competition Law written by Wolf Sauter and published by Oxford University Press. This book was released on 2016-05-26 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU competition law plays a central role in the process of European integration both as a multifaceted tool for creating and policing the internal market as well as in organising national markets. Yet as a consequence of this role it is also subject to increasingly complex demands, a proliferation of (sectoral) regimes, and multiple objectives at both an EU and national level. This profligacy entails risks of fragmentation and divergence - which could jeopardise the proper functioning of the internal market. In this examination of EU competition law, Wolf Sauter discusses three main issues: (i) what degree of coherence exists in EU competition law; (ii) how this coherence can be explained, particularly in the broader context of integration by EU law; and (iii) how it contributes to the legitimacy and effectiveness of EU competition law. Specific focus is placed on antitrust, while mergers, state aid control, as well as the sectoral regimes for energy and electronic communications are also examined. In addition the book also charts the history and framework of these competition regimes that jointly constitute EU competition law, defining both its objectives and limitations.

Sourcebook on EU Competition Law

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Publisher : Uitgeverij Larcier
ISBN 13 : 2804485617
Total Pages : 2784 pages
Book Rating : 4.8/5 (44 download)

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Book Synopsis Sourcebook on EU Competition Law by : Anne-Marie Van den Bossche

Download or read book Sourcebook on EU Competition Law written by Anne-Marie Van den Bossche and published by Uitgeverij Larcier. This book was released on 2015-10-21 with total page 2784 pages. Available in PDF, EPUB and Kindle. Book excerpt: One risks to drown in the flood of ever more regulatory texts, judgments, books and articles on European competition law. The Sourcebook on EU Competition Law brings some order to this subject. It combines the advantages of a practical one-volume overview of the law as it stands with an extensive bibliography which puts the reader on the right track towards in-depth research. The Sourcebook on EU Competition Law offers: (a) a full-text collection of EU documents on competition law: core Articles of the post-Lisbon Treaties, relevant Protocols, secondary legislation, Commission notices and communications; (b) excerpts of relevant judgments of the General Court and the European Court of Justice; (c) an extensive bibliography with books, articles and overviews of case law in several EU languages; and (d) notification forms, brought together in a separate section for easy reference. The Sourcebook on EU Competition Law covers all areas of competition law: restrictive practices, abuse of dominant position, merger control, state aid and services of general economic interest. The book’s structure allows the reader to distinguish easily between the essential provisions and the implementing measures.

Private Antitrust Litigation in the European Union and Japan

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Author :
Publisher : Maklu
ISBN 13 : 9046605264
Total Pages : 358 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Private Antitrust Litigation in the European Union and Japan by : Simon Vande Walle

Download or read book Private Antitrust Litigation in the European Union and Japan written by Simon Vande Walle and published by Maklu. This book was released on 2013 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Competition Law in the EU

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1035318326
Total Pages : 619 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Competition Law in the EU by : Johan W. van de Gronden

Download or read book Competition Law in the EU written by Johan W. van de Gronden and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly revised and updated second edition provides an enhanced understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control, the Digital Markets Act and state aid law. While considering well-established doctrines and landmark judgements, the textbook also addresses recent developments such as digitalisation, sustainability and globalisation, and how these issues will influence future inquiry into competition law.