The Enforcement Of Eu Competition Rules By Civil Law

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The Enforcement of EU Competition Rules by Civil Law

Nina Bucan Gutta
The Enforcement of EU Competition Rules by Civil Law Book PDF

Author : Nina Bucan Gutta
Publisher : Maklu
Page : 336 pages
File Size : 52,7 Mb
Release : 2014-11-04
Category : Law
ISBN : 9789046606902

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The Enforcement of EU Competition Rules by Civil Law by Nina Bucan Gutta Pdf

Private enforcement of competition law, in particular through damages actions, is recently one of the highly debated topics in European competition law. Arguments for private enforcement are based on the EU principle of effectiveness, while existing national substantive and procedural regimes applicable to damages may be ill-suited for the effective enforcement of EU competition law. However, the risk that the introduction of enforcement-oriented measures into national law is incompatible with private (civil) law is often underestimated or neglected. This book aims to reconcile both EU enforcement and private law perspectives through a detailed study of the English and Slovenian private law systems. Research on the compatibility of EU competitionenforcement- oriented measures with the private law regimes in England and Slovenia is used to argue that some changes to private law (based on proposals for effective enforcement) go too far and risk undermining the integrity of the Legal systems. This book already takes into account the 2014 Directive on antitrust damages actions.

Harmonisation of EU Competition Law Enforcement

Jurgita Malinauskaite
Harmonisation of EU Competition Law Enforcement Book PDF

Author : Jurgita Malinauskaite
Publisher : Springer Nature
Page : 280 pages
File Size : 44,8 Mb
Release : 2019-11-15
Category : Law
ISBN : 9783030302337

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Harmonisation of EU Competition Law Enforcement by Jurgita Malinauskaite Pdf

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 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 : 42,9 Mb
Release : 2020-01-09
Category : Law
ISBN : 9789403502106

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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.

Fairness in EU Competition Policy : Significance and Implications

Damien Gerard,Assimakis Komninos,Denis Waelbroeck
Fairness in EU Competition Policy Significance and Implications Book PDF

Author : Damien Gerard,Assimakis Komninos,Denis Waelbroeck
Publisher : Bruylant
Page : 167 pages
File Size : 44,9 Mb
Release : 2020-06-03
Category : Law
ISBN : 9782802767183

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Fairness in EU Competition Policy : Significance and Implications by Damien Gerard,Assimakis Komninos,Denis Waelbroeck Pdf

The idea of fairness has recently re-entered the policy discourse underpinning competition law enforcement, in the EU and beyond. Of course, the term “unfair” can be found in the EU Treaty and the avoidance of consumers’ exploitation is the ultimate aim of competition principles. Still, the boundaries of fairness as a driver of competition enforcement appear unclear and, for some, dangerously flexible. At the same time, whilst the application of competition rules has over the years been focusing on restrictions to the competitive process with the effect of harming consumers, a wave of cases recently brought or decided at EU and national level appear to be inspired by wide and somewhat elusive fairness considerations, including non-discrimination, neutrality, equality of opportunities, natural justice or avoidance of abuse of law. Reference can be made to cases relating to product design, IP licensing, geo-blocking, network neutrality, privacy concerns or fiscal justice. This volume explores how fairness may guide competition enforcement, what its significance may be in explaining recent trends and actual outcomes, and what implications can be observed or expected by relying on a fairness standard in the design of substantive principles. Associating lawyers and economists, practitioners and academics, it discusses the boundaries of fairness in a world where the rationality of markets has been profoundly shaken by recent crises.

The Modernisation of EU Competition Law Enforcement in the European Union

Dermot Cahill,John D. Cooke,Wouster Wils
The Modernisation of EU Competition Law Enforcement in the European Union Book PDF

Author : Dermot Cahill,John D. Cooke,Wouster Wils
Publisher : Cambridge University Press
Page : 758 pages
File Size : 46,5 Mb
Release : 2004-06-17
Category : Business & Economics
ISBN : 0521605598

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The Modernisation of EU Competition Law Enforcement in the European Union by Dermot Cahill,John D. Cooke,Wouster Wils Pdf

An international survey covering the domestic anti-trust laws of 25 EU member states.

Private Enforcement of Competition Law in Europe

Rafael Amaro
Private Enforcement of Competition Law in Europe Book PDF

Author : Rafael Amaro
Publisher : Bruylant
Page : 353 pages
File Size : 55,5 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.

EU Competition and State Aid Rules

Vesna Tomljenović,Nada Bodiroga-Vukobrat,Vlatka Butorac Malnar,Ivana Kunda
EU Competition and State Aid Rules Book PDF

Author : Vesna Tomljenović,Nada Bodiroga-Vukobrat,Vlatka Butorac Malnar,Ivana Kunda
Publisher : Springer
Page : 313 pages
File Size : 53,6 Mb
Release : 2017-12-28
Category : Law
ISBN : 9783662479629

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EU Competition and State Aid Rules by Vesna Tomljenović,Nada Bodiroga-Vukobrat,Vlatka Butorac Malnar,Ivana Kunda Pdf

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.

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 : 54,6 Mb
Release : 2015-09-25
Category : Law
ISBN : 9781784718497

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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.

Evidence Standards in EU Competition Enforcement

Andriani Kalintiri
Evidence Standards in EU Competition Enforcement Book PDF

Author : Andriani Kalintiri
Publisher : Bloomsbury Publishing
Page : 287 pages
File Size : 46,6 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781509919673

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Evidence Standards in EU Competition Enforcement by Andriani Kalintiri Pdf

What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.

Public and Private Enforcement of Competition Law in Europe

Kai Hüschelrath,Heike Schweitzer
Public and Private Enforcement of Competition Law in Europe Book PDF

Author : Kai Hüschelrath,Heike Schweitzer
Publisher : Springer
Page : 278 pages
File Size : 46,8 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.

After the Damages Directive

Andrea Biondi,Gabriella Muscolo,Renato Nazzini
After the Damages Directive Book PDF

Author : Andrea Biondi,Gabriella Muscolo,Renato Nazzini
Publisher : Kluwer Law International B.V.
Page : 973 pages
File Size : 48,7 Mb
Release : 2022-01-11
Category : Law
ISBN : 9789403513102

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After the Damages Directive by Andrea Biondi,Gabriella Muscolo,Renato Nazzini Pdf

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.

Competition Law of the European Union

Van Bael & Bellis
Competition Law of the European Union Book PDF

Author : Van Bael & Bellis
Publisher : Kluwer Law International B.V.
Page : 1618 pages
File Size : 41,6 Mb
Release : 2021-03-01
Category : Law
ISBN : 9789041154057

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Competition Law of the European Union by Van Bael & Bellis Pdf

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.

Boosting the Enforcement of EU Competition Law at the Domestic Level

Anne Looijestijn-Clearie,Catalin S. Rusu,Marc Veenbrink
Boosting the Enforcement of EU Competition Law at the Domestic Level Book PDF

Author : Anne Looijestijn-Clearie,Catalin S. Rusu,Marc Veenbrink
Publisher : Cambridge Scholars Publishing
Page : 205 pages
File Size : 52,7 Mb
Release : 2017-05-11
Category : Law
ISBN : 9781443891493

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Boosting the Enforcement of EU Competition Law at the Domestic Level by Anne Looijestijn-Clearie,Catalin S. Rusu,Marc Veenbrink Pdf

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.

The Impact of the Damages Directive on the Enforcement of EU Competition Law

Kirst, Philipp
The Impact of the Damages Directive on the Enforcement of EU Competition Law Book PDF

Author : Kirst, Philipp
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 44,6 Mb
Release : 2021-12-09
Category : Law
ISBN : 9781800887527

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The Impact of the Damages Directive on the Enforcement of EU Competition Law by Kirst, Philipp Pdf

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.

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 : 648 pages
File Size : 55,9 Mb
Release : 2013-10-31
Category : Law
ISBN : 9781782546214

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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.