Private Enforcement Of European Competition And State Aid Law

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Private Enforcement of European Competition and State Aid Law

Author : Ferdinand Wollenschläger
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.

EU Competition and State Aid Rules

Author : Vesna Tomljenović
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.

Structure and Effects in EU Competition Law

Author : Basedow
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131744
Total Pages : 370 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Structure and Effects in EU Competition Law by : Basedow

Download or read book Structure and Effects in EU Competition Law written by Basedow and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last decade the European Commission has progressively adopted what is called a andmore economic approachand toward competition policy. This approach, which draws on U.S. antitrust policy, puts greater emphasis on possible welfare effects of business practices and is less concerned with competitive market structures. Under this school of thought concentration cannot be said to impede effective competition to the extent that efficiency gains outweigh market distortions. In order to stimulate the debate on this basic reorientation, in January 2009 the Max Planck Institute for Comparative and International Private Law at Hamburg convened economists, legal scholars, and practitioners for an exchange of views on these andnewand methodological foundations of EU competition policy and competition law. Two especially controversial elements were chosen for in-depth discussion: the prohibition of abuses of dominant positions and the review of State aid. This book reproduces fourteen papers from this conference, representing the considered views of prominent European lawyers, economists, academics, policymakers, and enforcement officials in the competition field on matters such as: the objectives of EU competition law; the current enforcement guidelines of the EU Commission regarding Article 102 TFEU and? measuring market power; abusive low pricing strategies; the economics of competition law enforcemennt; recent developments in EU State aid law; economic justifications for State aid. A critical assessment of the Commissionands State aid action plan by the German Monopolies Commission is appended in English. Applying law and economics theory to competition law, this book shows that the andmore economicand approach is exerting a considerable impact on various sectors of competition law. The authors clearly demonstrate the progress that can be made when lawyers and economists take notice of and respect the characteristics of each otherands discipline. Moreover, the authors show how new insights of economic theory may be integrated into the relevant legal analysis. The book will therefore be appreciated by academics, practitioners, and officials representing both fields.

The Role of Competitors in the Enforcement of State Aid Law

Author : Fernando Pastor-Merchante
Publisher : Bloomsbury Publishing
ISBN 13 : 1509906606
Total Pages : 231 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Role of Competitors in the Enforcement of State Aid Law by : Fernando Pastor-Merchante

Download or read book The Role of Competitors in the Enforcement of State Aid Law written by Fernando Pastor-Merchante and published by Bloomsbury Publishing. This book was released on 2017-04-20 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the tools that the European rules on State aid place in the hands of competitors when it comes to fighting subsidies and other state measures of financial assistance to firms. In order to do so, the book scrutinises the means of redress available to competitors before national courts (private enforcement), as well as the opportunities that they have to make their voice heard in the course of the European Commission's enforcement procedures (public enforcement). The insights provided by the book lead to a better understanding of the rights of private parties under the rules and practices that govern the enforcement of State aid law.

Public and Private Enforcement of Competition Law in Europe

Author : Kai Hüschelrath
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 EU Law Before National Courts

Author : Folkert Wilman
Publisher : Edward Elgar Publishing
ISBN 13 : 1784718491
Total Pages : 656 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Private Enforcement of EU Law Before National Courts by : Folkert Wilman

Download or read book Private Enforcement of EU Law Before National Courts written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EU State Aid Law

Author : Pier Luigi Parcu
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975251
Total Pages : 264 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis EU State Aid Law by : Pier Luigi Parcu

Download or read book EU State Aid Law written by Pier Luigi Parcu and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent State Aid Modernization has decentralized the enforcement of State aid law. In particular, under the General Block Exemption Regulation a number of aid schemes do not require the preventive “check” by the European Commission, while national courts play a growing role in private enforcement of State aid law. This insightful book analyzes the enforcement of State aid law in the aftermath of the State Aid Modernization, identifying a number of emerging trends at the national and EU level.

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.

Private Enforcement of EU Competition Law

Author : Pier Luigi Parcu
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.

Competition Law in the EU

Author : Johan W. van de Gronden
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.

Boosting the Enforcement of EU Competition Law at the Domestic Level

Author : Anne Looijestijn-Clearie
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443891495
Total Pages : 205 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Boosting the Enforcement of EU Competition Law at the Domestic Level by : Anne Looijestijn-Clearie

Download or read book Boosting the Enforcement of EU Competition Law at the Domestic Level written by Anne Looijestijn-Clearie and published by Cambridge Scholars Publishing. This book was released on 2017-05-11 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the EU competition law rules in shaping the EU Internal Market can hardly be overstated. The EU substantive rules dealing with cartels, abuse of dominance and State aid have ensured, in the past decades, a much desired unity of the law applied in the diverse European markets. Yet, much of the success of the EU competition law provisions depends on its practical enforcement. The proliferation of competition law enforcement, especially since 2004, stands testimony in this respect. However, this has not come without challenges. In this context, this book aims to critically discuss certain key elements relating to the domestic enforcement of the said rules, in order to place the discussion of further boosting this enforcement exercise in the correct context. This book aims, in this respect, to find an answer to the following question: to what extent would boosting the domestic enforcement of the EU competition law rules aid the ambition of more forceful, better targeted and more resource-efficient EU competition law enforcement in the Internal Market? Topics such as the following are discussed in the contributions included in this book: the sufficiency of the enforcement toolbox of national competition authorities, the interaction between fundamental rights and competition law, and the duties of domestic bodies in this context.

Remedies in EU Competition Law

Author : Damien Gerard
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403522445
Total Pages : 347 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 347 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.

EU Competition Law

Author : Ariel Ezrachi
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909842
Total Pages : 1456 pages
Book Rating : 4.5/5 (99 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 2016-09-08 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed as a working tool for the study and practice of European competition law. It is an enlarged and updated fifth edition of the highly practical guide to the leading cases of European competition law. This fifth edition focuses on Article 101 TFEU, Article 102 TFEU and the European Merger Regulation. In addition it explores the public and private enforcement of competition law, the intersection between intellectual property rights and competition law, the application of competition law to state action and state aid laws. Each chapter begins with an introduction which outlines the relevant laws, regulations and guidelines for each of the topics, setting the analytical foundations for the case entries. Within this framework, cases are reviewed in summary form, accompanied by analysis and commentary. Praise for the book '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 '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 fifth 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 'This book is especially valuable for 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 '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, Brussels

Competition Law in the EU

Author : Johan W. van de Gronden
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.

The Concept of State Aid Under EU Law

Author : Juan Jorge Piernas López
Publisher : OUP Oxford
ISBN 13 : 0191065595
Total Pages : 304 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Concept of State Aid Under EU Law by : Juan Jorge Piernas López

Download or read book The Concept of State Aid Under EU Law written by Juan Jorge Piernas López and published by OUP Oxford. This book was released on 2015-08-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has the evolution and transformation of the Common Market affected the legal concept of State aid? How has State aid adapted to the development of the European Union? These questions and more are answered in Juan Jorge Piernas López's examination of the historical, political, constitutional, and economical events that have affected the development of State aid in the EU. Examining three key, interwoven arguments, this book provides a richer understanding of current formulas which depict the concept of aid through the prism of policy and enforcement considerations. First, the book demonstrates that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission. Second, contrary to what has been affirmed in other literature, the evolution of this concept has been influenced by the broader advancement of the case law of the Court of Justice in different periods of the integration process. Third, the author contends that the study of the evolution of the concept of aid in light of policy and case law provides a holistic outlook valuable to the decision making process of difficult cases. In this regard, the book provides criteria to interpret and discuss cases including Sloman Neptun, Philip Morris, and Azores, beyond the analysis traditionally adopted in this field.

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 Competition Law

Author : Jürgen Basedow
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783832956516
Total Pages : 0 pages
Book Rating : 4.9/5 (565 download)

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Book Synopsis Private Enforcement of Competition Law by : Jürgen Basedow

Download or read book Private Enforcement of Competition Law written by Jürgen Basedow and published by Nomos Verlagsgesellschaft. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The victims of violations under EU competition law will, in practice, rarely receive restitution for the damages suffered. Authorities established by the European Commission to abolish this maladministration by the Council discussed this concern during a special meeting in June 2009 - in particular, the possibility of private enforcement of competition law. Results of the meeting are documented in this book.