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Shaping Private Antitrust Enforcement In Europe
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Book Synopsis Shaping Private Antitrust Enforcement in Europe by : Mel Marquis
Download or read book Shaping Private Antitrust Enforcement in Europe written by Mel Marquis and published by Hart Pub Limited. This book was released on 2016-08-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to provide a first reflection on the Directive on certain rules governing actions for damages for infringement of competition law provisions of the Member States and of the European Union, from a variety of perspectives. It opens with two essays that place the Directive in the wider context of private law harmonisation by the EU and of the role of consumer interests in European Law. Following are two essays from persons involved in the law-making process, providing insight into the legislative tensions and policies. The essays making up the central part of the book take a closer look at the most distinctive elements of the Directive (access to evidence, locus standi, risk of multiple recovery, the binding nature of national competition authorities' decisions) and an assessment of what is missing from it and why. In part, these essays will provide an explanation of how the Directive will likely function, but most will also offer wider reflections on the policy coherence of the proposal and the likely consequences of its implementation. The final part is comparative, including essays on US antitrust law and Australian law.
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 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 Private Antitrust Enforcement in Europe by :
Download or read book Private Antitrust Enforcement in Europe written by and published by . This book was released on 2005 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis EC Private Antitrust Enforcement by : Assimakis Komninos
Download or read book EC Private Antitrust Enforcement written by Assimakis Komninos and published by Bloomsbury Publishing. This book was released on 2008-02-22 with total page 366 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.
Book Synopsis Private Antitrust Enforcement in Europe by : Sebastian Peyer
Download or read book Private Antitrust Enforcement in Europe written by Sebastian Peyer and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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 . This book was released on 2014 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Private Enforcement of EC Competition Law by : Jürgen Basedow
Download or read book Private Enforcement of EC Competition Law written by Jürgen Basedow and published by Kluwer Law International B.V.. This book was released on 2007-03-15 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Commission’s recent Green Paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: – the 2001 Courage judgment of the European Court of Justice, in which the court decided that everyone who suffers losses from a violation of arts. 81 or 82 EC is entitled to compensation; – relevance of the case law that contributes to general principles of European tort law; – comparative analysis from the more comprehensive experience of national laws in the United States, Germany, France, and Italy; – calculation of damages; – passing-on of losses sustained in an upstream market to customers in a downstream market; – procedural devices which may help to overcome the lack of implementation; – duties of disclosure and the burden of proof; – collective actions that may help to overcome the rational abstention of individuals; – pitfalls of leniency programmes implemented by national competition authorities; and – issues of jurisdiction and choice of law. The lively debates that followed the presentations at the conference are also recorded here. Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.
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
Book Synopsis EC Private Antitrust Enforcement by : Assimakis P. Komninos
Download or read book EC Private Antitrust Enforcement written by Assimakis P. Komninos and published by . This book was released on 2008 with total page 314 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.
Book Synopsis Private Antitrust Litigation in EU by : Clifford Jones
Download or read book Private Antitrust Litigation in EU written by Clifford Jones and published by . This book was released on 2016-05-20 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when there is considerable development of antitrust litigation in the European Union, and the legal framework is constantly evolving, this book provides a comprehensive exploration of the legal basis for private antitrust enforcement, drawing comparisons within the European Union(EU) and between EU law and United States (US) law.In light of the important recent evolution in this area of law, this is a timely and significantly revised new edition of an authoritative text. It offers a detailed comparative analysis of jurisdictions across the EU and their treatment of private antitrust enforcement, and positions the privateenforcement of European Union (EU) competition law in the broader context of effectiveness of Union law. It also offers a full and clear introduction to all the key issues of law and practice that arise in private antitrust litigation in the US, and dispels many European misconceptions of USenforcement procedure, while emphasising the lessons that can be drawn from the American system.Topics covered include foundations of private enforcement, remedy principles and competition rules, prudential limits on private actions, enforcement pluralism in the European Union system, limits on permissible private plaintiffs, and calculation of damages. The book's theoretical approach issupplemented by a practical consideration of available procedures and remedies.
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.
Book Synopsis Should Private Antitrust Enforcement Be Encouraged in Europe? by : Wouter P. J. Wils
Download or read book Should Private Antitrust Enforcement Be Encouraged in Europe? written by Wouter P. J. Wils and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for damages or for injunctive relief are rare. This article argues that this situation is a desirable one. Indeed, from the perspective of ensuring that the antitrust prohibitions are not violated, public antitrust enforcement is inherently superior to private enforcement, because of more effective investigative and sanctioning powers, because private antitrust enforcement is driven by private profit motives which fundamentally diverge from the general interest in this area, and because of the high cost of private antitrust enforcement. There is not even a case for a supplementary role for private enforcement, as the adequate level of sanctions and the adequate number and variety of prosecutions can be ensured more effectively and at a lower cost through public enforcement. It also seems difficult to justify an increased role for private antitrust enforcement in Europe by the pursuit of corrective justice, as there does not appear to be a clear social need for such action, and because truly achieving corrective justice in the antitrust context is in practice a very difficult task.
Book Synopsis The Genuine European Model of Private Competition Law Enforcement by : Ellermaa Karmen
Download or read book The Genuine European Model of Private Competition Law Enforcement written by Ellermaa Karmen and published by LAP Lambert Academic Publishing. This book was released on 2015-10-20 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: After achieving political consensus on legislative proposal for an EU-wide system of damage actions, in June 2013 the European Commission proposed a Directive on governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. The proposed Directive aims to remove all of the obstacles for full compensation for all victims of infringements of competition law. The proposal for a Directive clearly suggests that the Commission is still determined to enhance the private enforcement in EU and harmonizing the national legislation is a significant step towards. However, while the harmonization of the national procedural rules might provide more legal certainty to private parties, the complexity of the proceedings and substantial obstacles cannot be removed only by leveling the playing field. This book aims to determine whether the proposed Directive is likely to remove all of the obstacles for an effective private antitrust enforcement while staying true to European values.
Book Synopsis Private Antitrust Enforcement in the United States and the European Union by : Jeffrey Lynch Harrison
Download or read book Private Antitrust Enforcement in the United States and the European Union written by Jeffrey Lynch Harrison and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper discusses and compares the implications of U.S. and E.U. standards for antitrust standing and antitrust injury with respect to private enforcement. In the U.S. these concepts are relatively well defined. In the E.U. they are still subject to a period of interpretation. The comparison is complicated by the difference in emphasis in the two systems. In the U.S. private actions are designed principally to have a deterrent effect. In the E.U. the goal is more compensation oriented. The article concludes that as a result of treble damages, the U.S. system is more consistent with both goals and that more liberal standards in the E.U. are unlikely to overcome the absence of a punitive element in antitrust recoveries.
Book Synopsis Private Enforcement of Antitrust Law in the EU, UK, and USA by : Clifford A. Jones
Download or read book Private Enforcement of Antitrust Law in the EU, UK, and USA written by Clifford A. Jones and published by Oxford University Press on Demand. This book was released on 1999 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first detailed examination of how private individuals and companies can enforce their rights under competition law against other private parties in the EU and UK. It provides a comprehensive analysis of the legal basis for private antitrust enforcement both under EC and the new UK law, and of the available procedures and remedies.
