Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
The Eu Antitrust Damages Directive
Download The Eu Antitrust Damages Directive full books in PDF, epub, and Kindle. Read online The Eu Antitrust Damages Directive ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
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 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.
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.
Book Synopsis The EU Antitrust Damages Directive by : BARRY. SOUSA FERRO RODGER (MIGUEL. MARCOS, FRANCISCO.)
Download or read book The EU Antitrust Damages Directive written by BARRY. SOUSA FERRO RODGER (MIGUEL. MARCOS, FRANCISCO.) and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a detailed assessment of the transposition of the EU Antitrust Damages Directive across the EU, discussing the process and methodology for implementing EU law in the form of a Directive within national legal systems, and reflecting on the role of Directives more generally to achieve harmonization of rules and institutions.
Book Synopsis The Impact of the Damages Directive on the Enforcement of EU Competition Law by : Kirst, Philipp
Download or read book The Impact of the Damages Directive on the Enforcement of EU Competition Law written by Kirst, Philipp and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim’s right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system.
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 498 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 A Comparative View of the Implementation of the EU Antitrust Damages Directive in Sixteen Member States by : Francisco Marcos
Download or read book A Comparative View of the Implementation of the EU Antitrust Damages Directive in Sixteen Member States written by Francisco Marcos and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Article 17(3) of the EU Antitrust Damages Directive and the Possibility for National Competition Authorities to Assist in the Quantification of Harm by : Marios Iacovides
Download or read book Article 17(3) of the EU Antitrust Damages Directive and the Possibility for National Competition Authorities to Assist in the Quantification of Harm written by Marios Iacovides and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the explicit aims of the Directive on competition damages actions (the Directive) is to make the quantification of harm resulting from violations of European Union (EU) competition rules easier for damages claimants. One of the several ways envisioned by the Directive to achieve that aim is Article 17(3), according to which national competition authorities (NCAs) may assist national courts in quantifying the harm caused by anti-competitive conduct. In this paper, I focus on the transposition of Article 17(3) of the Directive in Sweden and make the argument that Sweden has not correctly implemented the Article in Swedish law. The topic is admittedly rather limited at first glance, but a discussion on the (non-)transposition of Article 17(3) of the Directive in Swedish law offers three significant insights which make pursuing it worthwhile. Firstly, it informs us about the nature and degree of interaction of the Swedish Competition Authority (SCA) with Swedish courts and tells us something about the relationship between the two. Secondly, it reveals some important procedural differences between private and public enforcement of EU competition rules in Sweden and exposes a certain tension between national rules of procedure, on the one hand, and the effective application of EU competition rules in Sweden, on the other. “Effectiveness” is a requirement that follows both from well-established case law of the Court of Justice of the EU (CJEU) and from the Directive itself. As a result, the second insight inevitably leads to a discussion on whether certain aspects of Swedish procedural law may be impeding the effective application of EU competition law. Thirdly, it explores different courses of action for Swedish courts and claimants that may find, like this author, that Article 17(3) has not been implemented correctly in Swedish law.
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.
Book Synopsis Regulation 1/2003 and EU Antitrust Enforcement by : Luca Prete
Download or read book Regulation 1/2003 and EU Antitrust Enforcement written by Luca Prete and published by Kluwer Law International B.V.. This book was released on 2022-11-22 with total page 1148 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. Analysis of each of the Regulation’s articles covers such aspects as: legislative history; rationale and context; practice of the Commission and, where relevant, of the national competition authorities; case law of the Court of Justice of the European Union; international aspects; and outstanding and problematic issues. Along with many of the article commentaries, ‘boxes’ have been added on specific issues of particular salience. The critical reflections of the book’s second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission’s Directorate General for Competition and Legal Service, heads of national competition authorities and of national courts, counsel, economists, consumer organisations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States. With this unparalleled book, practitioners and in-house counsel, as well as case-handlers and policymakers, will approach any competition case before the Commission with full awareness of the applicable procedural rules. They will gain a clear understanding of the enforcer’s powers and duties, as well as of the various options available to the undertakings involved in antitrust proceedings and their rights.
Book Synopsis Making Contribution Work by : Carsten Koenig
Download or read book Making Contribution Work written by Carsten Koenig and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU Directive on Antitrust Damages Actions holds multiple injurers jointly and severally liable for the harm they cause through jointly infringing the competition laws. If an injurer pays to a victim more than the injurer's fair share, the latter is entitled to obtain a contribution from any other infringer based on the injurers' relative responsibility for the harm caused by the infringement. While these rules are relatively clear at first view, their practical application can be complex. This is particularly true for cases involving immunity recipients, small or medium-sized enterprises or parties to a settlement because such injurers' liability can be restricted due to one of several privileges awarded by the Directive. Against this background, this paper illustrates on the basis of numerical examples how joint and several liabilities and especially contribution work under the framework established by the Directive. It also describes and comments on additional rules that may be employed by national legislators and courts to close the remaining gaps and achieve fair and efficient results.
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 Brexit and Competition Law by : Barry Rodger
Download or read book Brexit and Competition Law written by Barry Rodger and published by Routledge. This book was released on 2021-07-04 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of the immediate and likely longer-term consequences of Brexit for the UK’s competition law regime and includes the competition and subsidy control provisions of the EU-UK Trade and Cooperation Agreement. It has been written to be of value to scholars and practitioners of competition law, whilst also providing a useful guide to readers with only limited understanding of competition rules. The book provides a detailed critical discussion of how Brexit impacts on five key aspects of competition policy in the UK: legislation, institutions and cooperation; antitrust rules that prohibit anti-competitive agreements and the abuse of a dominant position; private enforcement, in particular actions for damages; regulation of mergers and acquisitions; and State aid or subsidy control rules.
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.
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 316 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.
Book Synopsis The EU Leniency Policy by : Baskaran Balasingham
Download or read book The EU Leniency Policy written by Baskaran Balasingham and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union (EU) leniency programme is a key weapon in the Commission’s fight against hard-core cartels. Much of the success of EU cartel enforcement depends on the continued effectiveness of the leniency policy and is especially critical in response to the growth of private enforcement. This book offers a comprehensive description of the development of the policy, along with a normative framework that promises to ensure the full legitimacy of the leniency programme: the Commission’s policy should pursue not only effectiveness but also fairness. It is the first work to extensively analyse the effectiveness and fairness in the EU leniency policy. Proceeding systematically from clarifying the concepts of ‘effectiveness’ and ‘fairness’ to addressing the tension between leniency and private actions for damages, the author discusses the nature of, and interrelations among, such aspects as the following: – the theoretical model of the EU fining policy; – the compatibility of the EU enforcement system with fundamental rights protection; – the gathering and evaluation of evidence at the preliminary investigation stage; – the severity and foreseeability of the EU cartel fines; – judicial review by the EU Courts in competition matters; – to what extent the current policy is effective and fair; and – reforms brought about by the 2002 and 2006 Leniency Notices and the leniency-related amendments by the 2014 Antitrust Damages Directive. A key feature is the author’s presentation of a normative framework to test the effectiveness (deterrence) and substantive fairness (retribution) of the EU leniency policy. As a clear demonstration of how to forestall the danger of focusing on effectiveness of leniency at the expense of fairness, both in a substantive and in a procedural sense, this book is a major contribution to the literature of competition law. It will prove to be of great value to competition authorities, antitrust practitioners and interested academics not only in Europe but also throughout the world.
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.
