Private Enforcement Of Antitrust Law In The United States

Author : Albert A. Foer,Randy Stutz
Publisher : Edward Elgar Publishing
Page : 425 pages
File Size : 41,9 Mb
Release : 2012-01-01
Category : Law
ISBN : 9780857939609

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Private Enforcement of Antitrust Law in the United States by Albert A. Foer,Randy Stutz Pdf

Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 43,8 Mb
Release : 2012
Category : Electronic
ISBN : OCLC:808609646

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Private Enforcement of Antitrust Law in the United States by Anonim Pdf

Author : Albert A. Foer,Jonathan W. Cuneo
Publisher : Edward Elgar Pub
Page : 637 pages
File Size : 42,6 Mb
Release : 2010
Category : Law
ISBN : 1848448775

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The International Handbook on Private Enforcement of Competition Law by Albert A. Foer,Jonathan W. Cuneo Pdf

'This comprehensive and well written volume surveys the private enforcement provisions of virtually every country in the world that has a competition law recognizing private actions. It is a first-of-its-kind, incredibly valuable undertaking. In addition to individual country surveys this book includes valuable comparative studies of private enforcement as well as theoretical and empirical analysis of its effects. Every competition lawyer with a multinational practice will benefit from owning it.' - Herbert Hovenkamp, University of Iowa, US

Author : Howard Langer,Sin Chit Lai
Publisher : Kluwer Law International B.V.
Page : 319 pages
File Size : 42,8 Mb
Release : 2019-09-29
Category : Law
ISBN : 9789403516424

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Competition Law in the United States by Howard Langer,Sin Chit Lai Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the United States covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the United States will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Author : Albert A. Foer,Jonathan W. Cuneo,Randy Stutz,Bojana Vrcek
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 46,7 Mb
Release : 2012
Category : Antitrust law
ISBN : 1781005281

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The International Handbook on Private Enforcement of Competition Law by Albert A. Foer,Jonathan W. Cuneo,Randy Stutz,Bojana Vrcek Pdf

With the international community on the brink of an explosion of private remedies for violation of national competition laws, this timely Handbook provides state-of the-art analysis of the private enforcement of competition laws across the globe. Private enforcement of antitrust is becoming a significant component of competition policy laws worldwide; today, more than a hundred jurisdictions have adopted market regimes operating within a framework of competition law, providing a varied base for developing ways by which persons injured by anticompetitive conduct will (or will not) be able to obtain remedies. Written primarily from the perspective of the complainant, the Handbook contributes to the discussion by presenting empirical research on private remedies through unprecedented, detailed and systematic analysis of private antitrust enforcement in the US. The expert contributors - law practitioners in the US and 21 other countries - explain both the law and the realities regarding private remedies as they have experienced them. They provide useful information to law and policy makers contemplating the introduction or expansion of private enforcement and to competition advocacy NGOs, attorneys and others who may wish to support or utilize the tools of private enforcement. By way of conclusion, valuable observations are imparted and recommendations prescribed. This important Handbook will prove an invaluable reference tool for a wide-ranging audience including: international private practice lawyers, law academics and students with a special interest in competition policy, international government officials involved in legislation or regulation of private remedies in countries with competition laws, and economists consulting in competition cases.

Author : Damien Gerard,Ioannis Lianos
Publisher : Cambridge University Press
Page : 475 pages
File Size : 40,5 Mb
Release : 2019-05-09
Category : Law
ISBN : 9781108498081

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Reconciling Efficiency and Equity by Damien Gerard,Ioannis Lianos Pdf

Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.

Author : Pier Luigi Parcu ,Giorgio Monti,Marco Botta
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 44,9 Mb
Release : 2018-09-28
Category : Law
ISBN : 9781786438812

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Private Enforcement of EU Competition Law by Pier Luigi Parcu ,Giorgio Monti,Marco Botta Pdf

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.

Author : Jürgen Basedow
Publisher : Kluwer Law International B.V.
Page : 366 pages
File Size : 45,9 Mb
Release : 2007-03-15
Category : Law
ISBN : 9789041188359

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Private Enforcement of EC Competition Law by Jürgen Basedow Pdf

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.

Author : Arianna Andreangeli
Publisher : Edward Elgar Publishing
Page : 423 pages
File Size : 45,6 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781849806145

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Private Enforcement of Antitrust by Arianna Andreangeli Pdf

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

Author : Michael Smithies
Publisher : Oxford University Press, USA
Page : 116 pages
File Size : 52,9 Mb
Release : 2003
Category : History
ISBN : UCSC:32106018734134

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Old Bangkok by Michael Smithies Pdf

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

Author : Rafael Amaro
Publisher : Bruylant
Page : 353 pages
File Size : 51,9 Mb
Release : 2021-06-10
Category : Law
ISBN : 9782802770299

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Private Enforcement of Competition Law in Europe by Rafael Amaro Pdf

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.

Author : Warren F. Schwartz
Publisher : A E I Press
Page : 48 pages
File Size : 53,8 Mb
Release : 1981
Category : Law
ISBN : UCAL:B4179945

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Private Enforcement of the Antitrust Laws by Warren F. Schwartz Pdf

Author : Brian A. Facey,Dany H. Assaf
Publisher : Unknown
Page : 615 pages
File Size : 49,7 Mb
Release : 2019
Category : Antitrust law
ISBN : 0433498838

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Competition and Antitrust Law by Brian A. Facey,Dany H. Assaf Pdf

Author : Kai Hüschelrath,Heike Schweitzer
Publisher : Springer
Page : 278 pages
File Size : 48,6 Mb
Release : 2014-08-01
Category : Business & Economics
ISBN : 9783662439753

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Public and Private Enforcement of Competition Law in Europe by Kai Hüschelrath,Heike Schweitzer Pdf

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.

Author : Richard Allen Epstein,Michael S. Greve
Publisher : American Enterprise Institute
Page : 428 pages
File Size : 42,8 Mb
Release : 2004
Category : Business & Economics
ISBN : 0844742015

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Competition Laws in Conflict by Richard Allen Epstein,Michael S. Greve Pdf

Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.