The Private Enforcement Of Competition Law In Ireland

Author : David McFadden
Publisher : A&C Black
Page : 399 pages
File Size : 50,7 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782251231

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The Private Enforcement of Competition Law in Ireland by David McFadden Pdf

Competition is recognised as a key driver of growth and innovation. Competition ensures that businesses continually improve their goods and services whilst striving to reduce their costs. Anti-competitive conduct by businesses, such as price-fixing, causes harm to the economy, to other businesses and to consumers. It is small businesses and the consumer who ultimately pay the price for anti-competitive conduct. A coherent competition policy that is both effectively implemented and effectively enforced is essential in driving growth and innovation in a market economy. The importance of competition was recently emphasised when the EU/ECB/IMF 'Troika' included a number of competition specific conditions to the terms of Ireland's bailout. Both Irish and Community law recognise the right for parties injured by anti-competitive conduct to sue for damages. This right to damages, in theory, allows those that have suffered loss to recover that loss whilst helping to deter others from taking the illegal route to commercial success. However private actions for damages in Ireland are rare. This book asks what the purpose of private competition litigation is and questions why there has been a dearth of this litigation in Ireland. The author makes a number of suggestions for reform of the law to enable and encourage private competition litigation. The author takes as his starting point the European Commission's initiative on damages actions for breach of the EC antitrust rules and compares the position in Ireland to that currently found in the UK and US.

Author : Sinead Eaton,Patrick O’Brien
Publisher : Kluwer Law International B.V.
Page : 110 pages
File Size : 52,8 Mb
Release : 2017-06-20
Category : Law
ISBN : 9789041194855

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Competition Law in Ireland by Sinead Eaton,Patrick O’Brien Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Ireland 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 Ireland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Author : Sinead Eaton,Patrick Obrien
Publisher : Kluwer Law International
Page : 106 pages
File Size : 54,6 Mb
Release : 2017-12
Category : Law
ISBN : 9041194649

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Competition Law in Ireland by Sinead Eaton,Patrick Obrien Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Ireland 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 Ireland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Author : Jurgen Basedow,Jürgen Basedow
Publisher : Kluwer Law International B.V.
Page : 366 pages
File Size : 43,5 Mb
Release : 2007-01-01
Category : Law
ISBN : 9789041126139

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Private Enforcement of EC Competition Law by Jurgen Basedow,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 : 41,8 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 : Anonim
Publisher : Unknown
Page : 381 pages
File Size : 45,8 Mb
Release : 1980
Category : Electronic
ISBN : OCLC:758320578

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Transferts forcés de propriété by Anonim Pdf

Author : Nina Bucan Gutta
Publisher : Maklu
Page : 336 pages
File Size : 50,7 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.

Author : Albert A. Foer,Jonathan W. Cuneo,Randy Stutz,Bojana Vrcek
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 54,7 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 : Assimakis Komninos
Publisher : Bloomsbury Publishing
Page : 366 pages
File Size : 46,9 Mb
Release : 2008-02-22
Category : Law
ISBN : 9781847314086

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EC Private Antitrust Enforcement by Assimakis Komninos Pdf

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.

Author : Philip Lowe,Mel Marquis
Publisher : Bloomsbury Publishing
Page : 640 pages
File Size : 40,7 Mb
Release : 2014-11-01
Category : Law
ISBN : 9781782253785

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European Competition Law Annual 2011 by Philip Lowe,Mel Marquis Pdf

This volume contains papers presented at the 16th Annual EU Competition Law and Policy Workshop, held at the European University Institute on 17-18 June 2011. This edition of the Workshop examined the emerging and increasingly important use of private rights of action before national courts, and the prospects for legislation and soft law initiatives at the level of the EU. The book has been updated and reflects the European Commission's private enforcement package of June 2013. Furthermore, the experiences of various national jurisdictions are discussed, both within Europe and in the US and Canada. As a whole, the volume explores how public and private enforcement might function harmoniously, as an 'integrated' system, to promote the public interest while ensuring that individual rights created in this field by the EU competition rules are vindicated. The contributors have, however, devoted significant analysis to the tensions between those two modes of enforcement. Authors contributing to this book include: Enno Ahlenstiel Donald Baker Jochen Burrichter Horst Butz Scott Campbell Brian Facey Tristan Feunteun Ian Forrester Andrew Foster Andrew Gavil Barry Hawk James Keyte Assimakis Komninos Bruno Lasserre Frédéric Louis Mel Marquis Veljko Milutinovic Luis Silva Morais Tom Ottervanger Silvia Pietrini Mark Powell John Ratliff J Thomas Rosch David Rosner Mario Siragusa James Venit

Author : Anonim
Publisher : Unknown
Page : 251 pages
File Size : 52,8 Mb
Release : 2011-04-30
Category : Electronic
ISBN : 9783832956

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Private Enforcement of Competition Law by Anonim Pdf

The victims of violations under EU competition law will, in practice, rarely receive restitution for the damages suffered. Authorities established by the European Commission to abolish this maladministration by the Council discussed this concern during a special meeting in June 2009 - in particular, the possibility of private enforcement of competition law. Results of the meeting are documented in this book.

Author : Barry J. Rodger,Miguel S. Ferro,Francisco Marcos
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 55,9 Mb
Release : 2023-02-28
Category : Electronic
ISBN : 1800377517

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Research Handbook on Private Enforcement of Competition Law in the EU by Barry J. Rodger,Miguel S. Ferro,Francisco Marcos Pdf

The Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues. This Research Handbook brings different perspectives into the dialogue, curating contributions from judges, academics and practitioners. As a whole, the Handbook delivers a deft exploration of strategies to successfully enforce rights across the EU and encompasses discussion and scrutiny of legal instruments, institutional developments, key litigation issues and judicial practice. It delivers contemporary and comparative reflection on developments in practice, including the impact of the Antitrust Damages directive, and the impact of a range of CJEU case-law. Organised into three main sections covering general issues, key aspects relating to private enforcement, and the experience of enforcement in key jurisdictions, this rigorous and engaging Research Handbook will be an invaluable resource for scholars, advanced students and practitioners.

Author : Alan W J McCarthy
Publisher : Bloomsbury Professional
Page : 600 pages
File Size : 54,5 Mb
Release : 2020-10-22
Category : Law
ISBN : 1847665500

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Irish Competition Law by Alan W J McCarthy Pdf

The second edition of this title explores Irish competition law in the light of the Competition Act 2002 which radically changed the law in this area. Focusing mainly on Irish competition law, it examines the institutional framework, cartels, abuse of dominance, the enforcement of competition law, the important EC dimension and the new mergers and acquisitions regime. Written by two respected experts and practitioners, Irish Competition Law, second edition, serves as a clear and concise guide to Irish competition law for students, legal practitioners, public officials, economists, company secretaries and business people.

Author : Barry J. Rodger
Publisher : Unknown
Page : 0 pages
File Size : 49,5 Mb
Release : 2014
Category : Antitrust law
ISBN : 9041145591

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Competition Law, Comparative Private Enforcement and Collective Redress Across the EU by Barry J. Rodger Pdf

Private Enforcement Context and Project Background /Barry Rodger --Institutions and Mechanisms to Facilitate Private Enforcement /Barry Rodger --The Empirical Data Part 1: Methodology, Case Law, Courts and Processes /Barry Rodger --The Empirical Data Part 2: Provisions Relied Upon, Remedies and Success /Barry Rodger --Collective Redress Mechanisms and Consumer Case Law /Barry Rodger --Comparing Economic Incentives across EU Member States /Morten Hviid & John Peysner --A View from across the Atlantic: Recent Developments in the Case Law of the US Federal Courts on Class Certification in Antitrust Cases /Arianna Andreangeli --Fast, Effective and Low Cost Redress: How Do Public and Private Enforcement and ADR Compare? /Christopher Hodge --Concluding Remarks /Barry Rodger.

Author : Ilene Knable Gotts,Kevin S. Schwartz
Publisher : Unknown
Page : 0 pages
File Size : 54,7 Mb
Release : 2023
Category : Antitrust law
ISBN : 1804491543

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The Private Competition Enforcement Review by Ilene Knable Gotts,Kevin S. Schwartz Pdf