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Jurisdiction And Judgments In Relation To Eu Competition Law Claims
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Book Synopsis Jurisdiction and Judgments in Relation to EU Competition Law Claims by : Mihail Danov
Download or read book Jurisdiction and Judgments in Relation to EU Competition Law Claims written by Mihail Danov and published by Bloomsbury Publishing. This book was released on 2010-12-09 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Competition Damages Actions in the EU by : David Ashton
Download or read book Competition Damages Actions in the EU written by David Ashton and published by Edward Elgar Publishing. This book was released on 2018-03-30 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
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
Book Synopsis National Courts and the Standard of Review in Competition Law and Economic Regulation by : Oda Essens
Download or read book National Courts and the Standard of Review in Competition Law and Economic Regulation written by Oda Essens and published by Europa Law Publishing. This book was released on 2009 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a comparative perspective, this book deals with the question of the impact of European law, especially the Tetra Laval case-law, on the standard of review applied by national courts in the area of competition law and economic regulation. The book is a follow-up to the conference on 'Judicial review in competition law and economic regulation, ' held by the Europa Institute at Utrecht on May 23-24, 2008. It contains contributions by academics and practitioners from EU Member States and from European institutions. The book analyzes the differences and the similarities between the crucial concepts related to judicial review and the way judicial review functions in practice in different EU Member States. It examines the question as to whether a more common approach towards judicial review is needed, and if so, how this can be achieved
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.
Book Synopsis Due Process and Fair Trial in EU Competition Law by : Cristina Teleki
Download or read book Due Process and Fair Trial in EU Competition Law written by Cristina Teleki and published by BRILL. This book was released on 2021-05-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Book Synopsis Evidence, Proof and Judicial Review in EU Competition Law by : Fernando Castillo de la Torre
Download or read book Evidence, Proof and Judicial Review in EU Competition Law written by Fernando Castillo de la Torre and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised new edition of what quickly became the authoritative work when first published in 2017, Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced litigators in EU competition law, update their systematic analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law.
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.
Book Synopsis European Competition Law by : Weijer VerLoren van Themaat
Download or read book European Competition Law written by Weijer VerLoren van Themaat and published by Edward Elgar Publishing. This book was released on 2018-01-26 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated second edition explains EU competition law by presenting the relevant legal provisions together with carefully selected case extracts pertaining to those provisions. The book’s unique structure enables users to quickly locate information on procedural and substantive aspects of competition law. Containing an article by article overview of EU competition law jurisprudence and concise selected extracts from judgments in key cases, this book serves as an easy to navigate resource for practitioners, academics and competition authorities themselves.
Book Synopsis The Consistent Application of EU Competition Law by : Adriana Almășan
Download or read book The Consistent Application of EU Competition Law written by Adriana Almășan and published by Springer. This book was released on 2017-01-04 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.
Book Synopsis Evidence, Proof and Judicial Review in EU Competition Law by : Fernando Castillo de la Torre
Download or read book Evidence, Proof and Judicial Review in EU Competition Law written by Fernando Castillo de la Torre and published by Edward Elgar Publishing. This book was released on 2017-03-31 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced competition litigators at the European Commission, undertake an in-depth analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law. These topics often engage with fundamental rights, and the book takes stock of the most frequent criticisms that are made of the EU enforcement system and review by EU Courts. The result is an extremely thorough and well-structured review of the relevant rules of law and of the precedents. The authors combine valuable insights and critical analysis to construct a definitive yet balanced portrayal of the state of EU competition law.
Book Synopsis Handbook on European Competition Law by : Ioannis Lianos
Download or read book Handbook on European Competition Law written by Ioannis Lianos and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.
Book Synopsis Directory of EU Case Law on Competition, by : René Barents
Download or read book Directory of EU Case Law on Competition, written by René Barents and published by Kluwer Law International B.V.. This book was released on 2017-10-30 with total page 1430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This well-known book, prized since 2007 by practitioners in EU competition law for its easy-tofind extracts sorted by subject, is now in its second and hugely expanded edition, covering all decisions of the Court of Justice and the General Court of the European Union on competition law through the end of 2016. This new edition comprising of forty-seven chapters follows the same easy-to-use format as the earlier volume and covers all the case law on the substantive and procedural aspects of the EU treaty rules and legislation on antitrust and mergers. To improve the accessibility of the case law, this book is structured as follows: – Hundreds of headings and subheadings present virtually every point from which a researcher is likely to start. – Each subject heading starts with extracts having a more general meaning followed by extracts relating to specific points or situations. – Extracts are accompanied by cross references where appropriate. – Extracts are drawn from all EC competition case law encompassing every judgment and order in the ‘Reports of Cases before the Court of Justice and the General Court’ (‘Summary of the Judgment’) until 2017. Although it is primarily of value to barristers, solicitors, in-house lawyers of companies and associations of companies, officials of national competition authorities, and other active practitioners in EU competition law, the book will also be welcomed by scholars and others who need to obtain in a minimum of time an overview of what the European courts have actually stated about a specific point (including detailed references) in the field.
Book Synopsis After the Damages Directive by : Andrea Biondi
Download or read book After the Damages Directive written by Andrea Biondi and published by Kluwer Law International B.V.. This book was released on 2022-01-11 with total page 973 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Competition Law Series [ICLS], Volume 89 Designed to deter anticompetitive conduct and to ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. This first book of its kind offers a comparative overview, practical and authoritative, of the implementation and application of private enforcement rules in each EU Member State as well as in the post-Brexit United Kingdom, covering legislation and case law to date. For leading jurisdictions where practice is already well developed, there are more detailed chapters, with perspectives of judges, competition authorities, practitioners, and economists. The contributors – all experts in the use of EU competition law in their respective jurisdictions – cover the provisions of the Directive in detail, including the following: requirement of full compensation; rules preventing overcompensation; court’s power to estimate damages that cannot be precisely quantified; joint and several liability for infringing undertakings; coordination between public and private enforcement; provisions related to passing-on; certain rules on admissibility of evidence; rules on limitation periods; and consensual dispute resolution. In its detailed explanations of shared best practices and its highlighting of opportunities for convergence, the book provides much-needed insight into judicial practice and thinking, the economic approaches and strategies relevant to damages, and the coordination between public and private enforcement. These expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their own jurisdictions, as well as into the problems that have arisen or might arise in the future.
Book Synopsis Private Enforcement of Competition Law in Europe by : Rafael Amaro
Download or read book Private Enforcement of Competition Law in Europe written by Rafael Amaro and published by Bruylant. This book was released on 2021-06-10 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
