Private Antitrust Enforcement In Europe

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Private Enforcement of Competition Law in Europe

Author : Rafael Amaro
Publisher : Bruylant
ISBN 13 : 2802770292
Total Pages : 353 pages
Book Rating : 4.8/5 (27 download)

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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.

Private Enforcement of EU Competition Law

Author : Pier Luigi Parcu
Publisher : Edward Elgar Publishing
ISBN 13 : 178643881X
Total Pages : 247 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 247 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.

Private Antitrust Litigation in the European Union and Japan

Author : Simon Vande Walle
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.

EC Private Antitrust Enforcement

Author : Assimakis Komninos
Publisher : Hart Publishing
ISBN 13 : 9781841137445
Total Pages : 0 pages
Book Rating : 4.1/5 (374 download)

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Book Synopsis EC Private Antitrust Enforcement by : Assimakis Komninos

Download or read book EC Private Antitrust Enforcement written by Assimakis Komninos and published by Hart Publishing. This book was released on 2008-05-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement's independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.

Principles of European Antitrust Enforcement

Author : Wouter Wils
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312047
Total Pages : 203 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Principles of European Antitrust Enforcement by : Wouter Wils

Download or read book Principles of European Antitrust Enforcement written by Wouter Wils and published by Bloomsbury Publishing. This book was released on 2005-02-22 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: After 1 May 2004, the enforcement of European antitrust law entered a new era. At the same time as 10 new Member States joined the European Union, Regulation No 17, which had governed the enforcement of Articles 81 and 82 EC since 1962, was replaced by Regulation No 1/2003, which has ushered in far-reaching changes. This book brings together six essays which analyse the background and main characteristics of the new enforcement system, as well as a number of outstanding questions and potential areas of further reform, including the question whether private antitrust enforcement should be encouraged, and the question whether the decisional power in antitrust matters should be transferred to the courts. Special attention is given to the problem of the compatibility of the new enforcement system and of the practice of European antitrust enforcement with the requirements of the European Convention of Human Rights and the Charter of Fundamental Rights of the European Union, including the principle of ne bis in idem, the privilege against self-incrimination, and the right to an independent and impartial tribunal. On many of these issues, the discussion contained in this book is not only legal, but also includes an economic analysis from the perspective of efficient law enforcement.

Reconciling Efficiency and Equity

Author : Damien Gerard
Publisher : Cambridge University Press
ISBN 13 : 1108498086
Total Pages : 475 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Reconciling Efficiency and Equity by : Damien Gerard

Download or read book Reconciling Efficiency and Equity written by Damien Gerard and published by Cambridge University Press. This book was released on 2019-05-09 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.

Private Enforcement of Antitrust

Author : Arianna Andreangeli
Publisher : Edward Elgar Publishing
ISBN 13 : 1849806144
Total Pages : 423 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Private Enforcement of Antitrust by : Arianna Andreangeli

Download or read book Private Enforcement of Antitrust written by Arianna Andreangeli and published by Edward Elgar Publishing. This book was released on 2014-07-31 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enhancing private litigation as a means of boosting the detection of anti-competitive behaviour and of remedying the harmful consequences of these practices on consumers has been at the forefront of the EU Commission agenda for a long time. Starting fr

Old Bangkok

Author : Michael Smithies
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 116 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis Old Bangkok by : Michael Smithies

Download or read book Old Bangkok written by Michael Smithies and published by Oxford University Press, USA. This book was released on 2003 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Bangkok, the City of Angels, to the uninitiated now seems more like Los Angeles than the Venice of the East by which name it was known to early visitors. Michael Smithies, who first came to work in the city in 1960, has written a sympathetic and stimulating book evoking the early days of the capital, founded in 1782, and its expansion in the nineteenth century. He describes the principal buildings which still survive, the temples and palaces, and corners and crafts which remain relatively unchanged. The second edition has been brought up to date to include such recent additions to the Bangkok scene as the so-called 'skytrain' (soon to be supplemented by an underground line). However, the old buildings, traditions, and trades of early Bangkok retain their charm and character, and in spite of its occasional brashness and impulsive modernization, the Thai capital retains a vibrancy in its anarchic orderliness which makes it one of the more endearing if sometimes confusing cities in South-East Asia."--BOOK JACKET.

Competition Law of the European Union

Author : Van Bael & Bellis
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154051
Total Pages : 1618 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Competition Law of the European Union by : Van Bael & Bellis

Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.

Competition Law, Comparative Private Enforcement and Collective Redress Across the EU

Author : Barry J. Rodger
Publisher :
ISBN 13 : 9789041145598
Total Pages : 0 pages
Book Rating : 4.1/5 (455 download)

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Book Synopsis Competition Law, Comparative Private Enforcement and Collective Redress Across the EU by : Barry J. Rodger

Download or read book Competition Law, Comparative Private Enforcement and Collective Redress Across the EU written by Barry J. Rodger and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement Context and Project Background /Barry Rodger --Institutions and Mechanisms to Facilitate Private Enforcement /Barry Rodger --The Empirical Data Part 1: Methodology, Case Law, Courts and Processes /Barry Rodger --The Empirical Data Part 2: Provisions Relied Upon, Remedies and Success /Barry Rodger --Collective Redress Mechanisms and Consumer Case Law /Barry Rodger --Comparing Economic Incentives across EU Member States /Morten Hviid & John Peysner --A View from across the Atlantic: Recent Developments in the Case Law of the US Federal Courts on Class Certification in Antitrust Cases /Arianna Andreangeli --Fast, Effective and Low Cost Redress: How Do Public and Private Enforcement and ADR Compare? /Christopher Hodge --Concluding Remarks /Barry Rodger.

Remedies in EU Competition Law

Author : Damien Gerard
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403522445
Total Pages : 362 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Remedies in EU Competition Law by : Damien Gerard

Download or read book Remedies in EU Competition Law written by Damien Gerard and published by Kluwer Law International B.V.. This book was released on 2020-07-10 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.

Harmonisation of EU Competition Law Enforcement

Author : Jurgita Malinauskaite
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.

The EU Antitrust Damages Directive

Author : Barry Rodger
Publisher : Oxford University Press, USA
ISBN 13 : 9780198812760
Total Pages : 544 pages
Book Rating : 4.8/5 (127 download)

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Book Synopsis The EU Antitrust Damages Directive by : Barry Rodger

Download or read book The EU Antitrust Damages Directive written by Barry Rodger and published by Oxford University Press, USA. This book was released on 2018-12-20 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a significant and original contribution to the literature on the developing area of private enforcement of EU competition law. It delivers a significant, rigorous and comprehensive analysis of the transposition across a broad selection of Member States (MS) of a major EU Directive introduced with the aim of harmonising and facilitation competition law damages actions across the European Union.

The International Handbook on Private Enforcement of Competition Law

Author : Albert A. Foer
Publisher : Edward Elgar Pub
ISBN 13 : 9781848448773
Total Pages : 637 pages
Book Rating : 4.4/5 (487 download)

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Book Synopsis The International Handbook on Private Enforcement of Competition Law by : Albert A. Foer

Download or read book The International Handbook on Private Enforcement of Competition Law written by Albert A. Foer and published by Edward Elgar Pub. This book was released on 2010 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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

Economic Analysis in EU Competition Policy

Author : Parcu, Pier L.
Publisher : Edward Elgar Publishing
ISBN 13 : 1800370199
Total Pages : 320 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Economic Analysis in EU Competition Policy by : Parcu, Pier L.

Download or read book Economic Analysis in EU Competition Policy written by Parcu, Pier L. and published by Edward Elgar Publishing. This book was released on 2021-12-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book assesses emerging trends in the role of economic analysis in EU competition policy, exploring how it has substantially increased in terms of both theories and methods.

Licensing Agreements

Author : Kojo Yelpaala
Publisher : Springer
ISBN 13 :
Total Pages : 452 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Licensing Agreements by : Kojo Yelpaala

Download or read book Licensing Agreements written by Kojo Yelpaala and published by Springer. This book was released on 1988-01-19 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:

EU Competition Law

Author : Ariel Ezrachi
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254803
Total Pages : 1061 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis EU Competition Law by : Ariel Ezrachi

Download or read book EU Competition Law written by Ariel Ezrachi and published by Bloomsbury Publishing. This book was released on 2014-09-04 with total page 1061 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the fourth edition of a highly practical guide to the leading cases in European Competition Law. It explores the application of Article 101 TFEU, Article 102 TFEU and the European Merger Regulation, as well as the public and private enforcement of Competition Law. In addition, it reviews the intersection between Competition Law and Intellectual Property Rights and the application of Competition Law to State action. Each chapter outlines the relevant laws, regulations and guidelines for each topic. Within this framework, cases are reviewed in summary form, accompanied by analysis and commentary. Endorsements: 'This book should be in the library of every competition law practitioner and academic. The summary of cases is first class. But what makes it really stand out is the quality of the commentary and the selection of the material which includes not only the most important European judgements and decisions but also some of the leading cases from the US and European Member States.'Ali Nikpay, Gibson, Dunn & Crutcher LLP, Former Senior Director, Office of Fair Trading 'The study of EU Competition law requires the analysis and understanding of a number of increasingly complex European Commission and European Court decisions. Through the provision of case summaries, excerpts from the important passages and concise commentary linking these decisions to other key case law and Commission documents, this unique and impressive book, now in its fourth edition, provides the student and practitioner of EU competition law with an extremely clear and useful introduction to these leading decisions' Dr Kathryn McMahon, Associate Professor, School of Law, University of Warwick 'The Guide is an invaluable tool for both students and practitioners. It provides a compact overview on the fundamental cases and highlights the essential problems in a clear and sharp analysis.' Dr Christoph Voelk, Antitrust Practice Group, McDermott, Will & Emery LLP 'This book is especially valuable to competition law specialists in Europe and abroad who are interested in the jurisprudence and policy of the European Union and its member states. Familiarity with the European regime is essential for proficiency in competition law today, and this volume provides an excellent foundation.' William E Kovacic, Global Competition Professor of Law and Policy, George Washington University Law School, Former Chairman, US Federal Trade Commission