Competition Law Remedies In Europe

Competition Law Remedies In Europe Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Competition Law Remedies In Europe book. This book definitely worth reading, it is an incredibly well-written.

Remedies in EU Competition Law

Damien Gerard,Assimakis Komninos
Remedies in EU Competition Law Book PDF

Author : Damien Gerard,Assimakis Komninos
Publisher : Kluwer Law International B.V.
Page : 347 pages
File Size : 49,9 Mb
Release : 2020-07-10
Category : Law
ISBN : 9789403522449

Get Book

Remedies in EU Competition Law by Damien Gerard,Assimakis Komninos Pdf

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.

Competition Law Remedies in Europe

Antonio Capobianco,Ioannis Kokkoris,Ioannis Lianos,Assimakis Komninos
Competition Law Remedies in Europe Book PDF

Author : Antonio Capobianco,Ioannis Kokkoris,Ioannis Lianos,Assimakis Komninos
Publisher : Hart Publishing Limited
Page : 492 pages
File Size : 47,7 Mb
Release : 2015-11-01
Category : Law
ISBN : 1841139149

Get Book

Competition Law Remedies in Europe by Antonio Capobianco,Ioannis Kokkoris,Ioannis Lianos,Assimakis Komninos Pdf

This volume presents a comprehensive legal and economic analysis of competition law remedies in Europe. First, it examines the philosophy and overall objectives of competition law remedies and their interaction with the substantive and institutional aspects of competition law enforcement. It analyses the impact of specific types of remedies on the emergence of an optimal enforcement system by looking to legal and economic literature, case law and empirical research. Second, it identifies the competition law remedies which have been put into effect in the context of antitrust law enforcement and merger control in Europe. In the field of antitrust, different issues may arise in devising adequate remedies for cartel infringements, antitrust law infringements involving unilateral abuses of market power, and infringements involving access to proprietary information or resources. In all these cases different types of remedies may be imposed, such as contractual remedies, damages and behavioural or structural remedies. In the context of merger control the prospective nature of the analysis requires the consideration of a number of factors, such as the costs of remedial action, the probability of compliance, the short- or long-term impact of the remedy, the risk of strategic conduct of the merging parties, and the choice of appropriate monitoring and compliance mechanisms on an on-going basis for the future. The third part of this study examines the procedural implications of injunctions, interim measures, private action-led injunctions, measures-declaratory actions and procedural/administrative issues in public enforcement. The fourth part concludes by examining creative remedies and reforms that should be made to the current regime of competition law remedies in Europe. It also explores the interaction between competition law remedies adopted by different jurisdictions in a world of multi-jurisdictional competition law enforcement from procedural and public policy perspectives.

Competition Law Remedies in Europe

Ioannis Lianos
Competition Law Remedies in Europe Book PDF

Author : Ioannis Lianos
Publisher : Unknown
Page : 0 pages
File Size : 54,7 Mb
Release : 2013
Category : Electronic
ISBN : OCLC:1376255213

Get Book

Competition Law Remedies in Europe by Ioannis Lianos Pdf

The fragmentation of EU competition law enforcement in various institutions (competition authorities, courts) and legal provisions (Articles 101, 102 TFEU, merger control) have led to the development of ad hoc remedial action without this being backed up by a solid theory of competition law remedies. This study aims precisely to fill this gap by providing the first systematic theoretical analysis of competition law remedies in Europe, including conduct and structural remedies, voluntary and coercive remedies, in the areas of merger control and antitrust. The study challenges the optimal enforcement theory that seems to have provided so far the intellectual backbone of the remedial action of EU competition authorities, although this influence has not been exercised in a systematic and uniform way in all cases. Such theory does not provide an adequate understanding of the remedial discretion of competition authorities and consequently the necessary boundaries of such discretion. The study provides a novel analytical framework integrating both economic and legal principles, taking the view that although deterrence (and economic efficiency) constitutes an important objective of EU competition law enforcement, this should be achieved in the context of established legal understandings of the concept of "remedy". More specifically, the paper examines the impact of the economic approach on the linkage between the competition law wrong and remedies as the foundation for an economically inspired but still respectful to legal tradition concept of remedial discretion in EU Competition Law.

Merger Remedies in American and European Union Competition Law

François Lévêque,Howard A. Shelanski
Merger Remedies in American and European Union Competition Law Book PDF

Author : François Lévêque,Howard A. Shelanski
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 51,7 Mb
Release : 2003-01-01
Category : Law
ISBN : 1781957649

Get Book

Merger Remedies in American and European Union Competition Law by François Lévêque,Howard A. Shelanski Pdf

This impressive volume presents a detailed comparative analysis of merger remedies in the EU and US, motivated by the fact that a growing number of mergers are being scrutinized and reviewed under both jurisdictions. Merger remedies on either side of the Atlantic play an increasingly important role in the implementation of public policy with regard to the economic concentration of industry. The book provides an understanding of merger remedies in general, and of procedural and substantive differences in the approach of the EU and the US. The editors have gathered together leading European and American practitioners and scholars to comprehensively discuss this issue. They aim to help policymakers decide if, and how, current practices can be improved, and to help firms and their counsel better prepare cases and predict outcomes.

Handbook on European Competition Law

Ioannis Lianos,Damien Geradin
Handbook on European Competition Law Book PDF

Author : Ioannis Lianos,Damien Geradin
Publisher : Edward Elgar Publishing
Page : 688 pages
File Size : 41,5 Mb
Release : 2013-10-31
Category : Law
ISBN : 9781781006023

Get Book

Handbook on European Competition Law by Ioannis Lianos,Damien Geradin Pdf

This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.

The Enforcement of Competition Law in Europe

Thomas M. J. Möllers,Andreas Heinemann
The Enforcement of Competition Law in Europe Book PDF

Author : Thomas M. J. Möllers,Andreas Heinemann
Publisher : Cambridge University Press
Page : 0 pages
File Size : 42,6 Mb
Release : 2010-11-25
Category : Law
ISBN : 0521181569

Get Book

The Enforcement of Competition Law in Europe by Thomas M. J. Möllers,Andreas Heinemann Pdf

In the debate on the enforcement of competition law, many take the view that Europe should avoid the traps US law has fallen into by admitting excessive litigation. European law should not pave the way for judicial proceedings which ultimately serve the interests of lawyers or other agents rather than injured parties. This inquiry describes the state of remedies in competition law in fifteen European countries, analyses the underlying determinants, and proposes ways of improving the enforcement of competition law. The International and European legal frameworks are presented, as is the approach of US-American law. It is argued that efforts to strengthen private enforcement of antitrust law should benefit from the rich European experience in unfair competition law. The divergence between the two fields of law is not so huge that a completely different treatment is justified. Thus, a specifically European way of competition law enforcement could be developed.

Competition Damages Actions in the EU

David Ashton,David Henry
Competition Damages Actions in the EU Book PDF

Author : David Ashton,David Henry
Publisher : Edward Elgar Publishing
Page : 312 pages
File Size : 52,9 Mb
Release : 2013-12-27
Category : Law
ISBN : 9781782540762

Get Book

Competition Damages Actions in the EU by David Ashton,David Henry Pdf

Competition Damages Actions in the EU offers a clear and concise analysis of the latest case law, legislation and policy documentation in the field of damages actions for breach of EU competition law. Highly topical, the authors explore the problems of

Mergers and Merger Remedies in the EU

Stephen Davies,Bruce Lyons
Mergers and Merger Remedies in the EU Book PDF

Author : Stephen Davies,Bruce Lyons
Publisher : Edward Elgar Publishing
Page : 283 pages
File Size : 45,5 Mb
Release : 2008-01-01
Category : Business & Economics
ISBN : 9781847209979

Get Book

Mergers and Merger Remedies in the EU by Stephen Davies,Bruce Lyons Pdf

. . . for practitioners considering whether to use economists to evaluate merger proposals, this book provides a relevant insight into the types of information that would be necessary to develop even a basic simulation model, and some guidance as to circumstances where such technique may be appropriate. Vanessa Holliday, Competition and Consumer Law Journal . . . highly recommended for practitioners as well as academics interested in merger remedies. Arndt Christiansen, European Competition Law Review Headlines are made when the European Commission prohibits a merger, but this is actually very rare. Clearances subject to conditions (i.e. remedies) happen ten times as frequently, but have received far less attention in academic literature. This book provides an empirical assessment of the effectiveness of merger remedies, employing a novel simulation methodology based on formal economic theory. The authors were given unprecedented access to data available to case handlers, concerning a range of remedied mergers covering 21 markets. Using this they have adapted simple simulation techniques to appraise the competitive effects of these mergers and the impact of potential and actual remedies. Ex-ante results are then compared with ex-post impact to examine the actual effectiveness of remedies. The results provide a critique of both simple market share analysis and remedy design. This research thus contributes to economics research and practical merger policy. This rare empirical assessment of the efficacy of remedies in competition policy will be of great significance and interest to policy makers, as well as to economists, lawyers, practitioners and students in competition law.

Private Enforcement of EU Law Before National Courts

Folkert Wilman
Private Enforcement of EU Law Before National Courts Book PDF

Author : Folkert Wilman
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 47,5 Mb
Release : 2015-09-25
Category : Law
ISBN : 9781784718497

Get Book

Private Enforcement of EU Law Before National Courts by Folkert Wilman Pdf

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.

The 'Right to Damages' under EU Competition Law

Veljko Milutinovic
The Right to Damages under EU Competition Law Book PDF

Author : Veljko Milutinovic
Publisher : Kluwer Law International B.V.
Page : 432 pages
File Size : 46,5 Mb
Release : 2010-11-19
Category : Law
ISBN : 9789041142498

Get Book

The 'Right to Damages' under EU Competition Law by Veljko Milutinovic Pdf

It is the provocative thesis of this book that the Commission’s struggle for a more ‘effective’ system of private enforcement has gone from being a mere enhancement of a single EU policy (competition) to slowly but surely fuelling a paradigm shift in EU law.

Merger Control in the EU and Turkey

Fevzi Toksoy,Bahadir Balki,Hanna Stakheyeva
Merger Control in the EU and Turkey Book PDF

Author : Fevzi Toksoy,Bahadir Balki,Hanna Stakheyeva
Publisher : Kluwer Law International B.V.
Page : 264 pages
File Size : 51,5 Mb
Release : 2022-05-11
Category : Law
ISBN : 9789403543048

Get Book

Merger Control in the EU and Turkey by Fevzi Toksoy,Bahadir Balki,Hanna Stakheyeva Pdf

As a country on the way to integration with the European Union (EU), Turkey has been following EU principles in establishing and improving its merger control regime, as well as overall competition law, keeping pace with changes in relevant EU legislation and case law. This book presents, for the first time, a description and analysis of the relationship between the EU and Turkish merger control law and practice. The second edition of the book considers the legislative changes that occurred in 2020-2021, including the reform of the Turkish Competition Law which introduced the significant impediment to effective competition (SIEC) test into the Turkish concentration control. The authors—all three, both practicing lawyers and academicians in Turkey—focus on comparing substantive, procedural and jurisdictional issues and draw parallels on their regulation in the two jurisdictions. These matters include the following: determining whether a transaction shall be regarded as a notifiable merger, hence be subject to control; financial thresholds used for allocating jurisdictions; extraterritoriality of merger control; relationship between the SIEC test and the dominance test; determination of the relevant market; techniques used for assessment of horizontal and non-horizontal mergers; notification requirements; procedural duties of competition authorities in relation to remedies; third-party rights; gun-jumping fines and other sanctions for failure to comply with merger control requirements; and peculiarities of assessment of mergers in the Big Data world. Each chapter provides an overview of the respective issues in the EU and Turkey, projecting a clear understanding of the main similarities and differences in the two regimes. A notable feature is an in-depth analysis of applicable case law concerning each issue, with most of the Turkish decisions available in English for the first time. The book’s comparative approach will prove to be of great value. With its clear answers to questions about what transactions are subject to merger control, what criteria are used in assessing those transactions, and the main issues that a foreign company should be aware of while merging with another foreign company with effect in Turkey and/or EU, the book will be of immeasurable value for lawyers and their business clients dealing with multijurisdictional merger cases. Interested academics and policymakers will also find much here to attract their attention.

Competition Law and Policy in the EU and UK

Barry J. Rodger,Angus Macculloch
Competition Law and Policy in the EU and UK Book PDF

Author : Barry J. Rodger,Angus Macculloch
Publisher : Routledge
Page : 335 pages
File Size : 42,8 Mb
Release : 2014-09-19
Category : Law
ISBN : 9781317907169

Get Book

Competition Law and Policy in the EU and UK by Barry J. Rodger,Angus Macculloch Pdf

Competition Law and Policy in the EU and UK provides a focused guide to the main provisions and policies at issue in the EU and UK, including topics such as enforcement, abuse of dominance, anti-competitive agreements, cartels, mergers, and market investigations. The book’s contents are tailored to cover all major topics in competition law teaching, and the authors’ clear and accessible writing style offers an engaging and easy to follow overview of the subject for course use. The fifth edition provides a full update for this well-established title, presenting and contextualising the impact of key cases, as well as changes to enforcement practice, and at a legislative and institutional level. There are new, separate chapters in this edition on private enforcement and UK market investigations to reflect the increasing significance of these key areas of competition law practice. Competition Law and Policy in the EU and UK integrates useful pedagogical features to help clarify topics and reinforce important points: chapter overviews and summaries highlight the key points to take away from each chapter to structure student learning discussion questions facilitate self-testing and seminar discussions of the major issues covered in each chapter, to help reinforce understanding of these topics further reading lists additional resources in order to guide research and develop subject knowledge a new glossary provides succinct explanations of competition law terminology, ideal for those studying the topic for the first time Clear, focused and student-friendly, this title offers a comprehensive resource for students taking competition law courses, and is supported online by updates to the law offered on Angus MacCulloch’s blog, Who’s Competing (http://whoscompeting.wordpress.com/).

Private Enforcement of European Competition and State Aid Law

Ferdinand Wollenschläger,Wolfgang Wurmnest,Thomas M.J. Möllers
Private Enforcement of European Competition and State Aid Law Book PDF

Author : Ferdinand Wollenschläger,Wolfgang Wurmnest,Thomas M.J. Möllers
Publisher : Kluwer Law International B.V.
Page : 421 pages
File Size : 52,5 Mb
Release : 2020-01-09
Category : Law
ISBN : 9789403502106

Get Book

Private Enforcement of European Competition and State Aid Law by Ferdinand Wollenschläger,Wolfgang Wurmnest,Thomas M.J. Möllers Pdf

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 Law

Eleanor M. Fox,Damien Gerard
EU Competition Law Book PDF

Author : Eleanor M. Fox,Damien Gerard
Publisher : Edward Elgar Publishing
Page : 487 pages
File Size : 51,7 Mb
Release : 2023-01-20
Category : Law
ISBN : 9781839104671

Get Book

EU Competition Law by Eleanor M. Fox,Damien Gerard Pdf

This innovative textbook, now in its second edition, presents EU competition law in political, economic and comparative context. It brings competition law to life from an EU and global perspective, with cross currents of trade and industrial policy and attention to the intervention of the state in the market. Quintessentially readable, the book deftly and concisely excerpts the key cases and embeds them in explanatory materials, including policy statements and regulations. It is entirely up to date and integrates, for example, new issues of power in the digital economy. Notes accompanying the cases raise hard questions and explain the fascinating issues underlying contemporary competition policy in the European Union and around the world.

Competition Law in the EU

Johan W. van de Gronden
Competition Law in the EU Book PDF

Author : Johan W. van de Gronden
Publisher : Edward Elgar Publishing
Page : 500 pages
File Size : 46,9 Mb
Release : 2021-02-26
Category : Law
ISBN : 9781788974752

Get Book

Competition Law in the EU by Johan W. van de Gronden Pdf

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.