Cross Border EU Competition Law Actions

Author: Mihail Danov
Publisher: Bloomsbury Publishing
ISBN: 1782251596
Format: PDF, Docs
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This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).

Handbook of EU Competition Law

Author: Walter Frenz
Publisher: Springer
ISBN: 3662485931
Format: PDF, Kindle
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This handbook offers detailed descriptions of EU competition law, including mergers and public authorities. Above all, it analyzes and discusses recent decisions of the ECJ and the General Court. Presenting systematically structured and theoretically founded content, the book also includes recommendations for practitioners. Special attention is paid to the scope of penalties and the influence on fundamental rights. Rounding out the book, the conflict between safeguarding confidential information and the effectiveness of private and public enforcement is discussed intensively in the context of the new Directive 2014/104/EU.

Private Enforcement of EU Competition Law

Author: Pier Luigi Parcu
Publisher: Edward Elgar Publishing
ISBN: 178643881X
Format: PDF, ePub, Mobi
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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.

Jurisdiction and Judgments in Relation to EU Competition Law Claims

Author: Mihail Danov
Publisher: Bloomsbury Publishing
ISBN: 1847316190
Format: PDF, Kindle
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This book sets out the way that, through enhanced private antitrust enforcement reform, private international law has a pivotal role in EU competition law disputes with an international element. The author offers a thorough analysis of the post-2003 policy of the EU favouring private law enforcement of EU competition law and its implementation under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime. The book also considers how the jurisdiction, recognition and enforcement of judgments issues are dealt with in England under the common law rules applicable when Brussels I does not apply. The complex private international law problems in respect of cross-border class actions that have arisen in several countries, as well as judgments in relation to antitrust infringements, are also discussed. The author further examines the choice of law issues that may arise before the English courts under Rome I and Rome II. The potential problems regarding jurisdiction of arbitral tribunals and choice of law in arbitral proceedings in relation to EU competition law claims, and the jurisdiction of English courts in proceedings ancillary to arbitration claims, are dealt with accordingly.

Cross Border Class Actions

Author: Arnaud Nuyts
Publisher: Walter de Gruyter
ISBN: 3866539673
Format: PDF, ePub, Docs
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Whether with regard to mass torts or as means of private enforcement of antitrust policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. In the last years, some EU Member States have made their own attempts at collective redress institutions. In this book, distinguished experts evaluate the problems of cross-border class actions and make proposals for a "European way" appropriate for the 21st century.

Mass Justice

Author: Jenny Steele
Publisher: Edward Elgar Publishing
ISBN: 1849805075
Format: PDF
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This insightful book considers phenomena such as mass torts, which affect numerous victims, and complex insolvency cases, which concern multiple and often competing interests. The editors identify and respond to the need for reflection on the notion of ?mass justice?. The assembled contributors show that while private law is usually debated in terms of individual rights and duties, the reality is that these are deeply influenced by collective issues. They address examples such as the operation of class actions; the availability of insurance funds; the logistics of negotiating with and compensating a wide range of individuals; as well as distribution of assets in insolvency proceedings. This unique and detailed book will appeal to academics and students of private law as well as those with an interest in law and society. Scholars from non-law disciplines with an interest in insurance and liability will also find this study thought-provoking, as will practitioners and policy-makers.

The Regulation of International Trade

Author: M. J. Trebilcock
Publisher: Psychology Press
ISBN: 9780415700344
Format: PDF, ePub, Docs
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This book introduces the rules and institutions that govern international trade. The authors draw their analysis on aspects of the subject from classic and contemporary literature on trade and political economy.

Neue Wohnungsgemeinn tzigkeit

Author: Jan Kuhnert
Publisher: Springer-Verlag
ISBN: 3658175702
Format: PDF, Docs
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In diesem Buch werden umsetzungsorientierte Konzepte zur Einführung einer neuen Wohnungsgemeinnützigkeit in Deutschland auf der Grundlage der Erfahrungen in ihrer langen Geschichte (1851 bis 1989) entwickelt. Hierfür werden historische, rechtliche und politische Gesichtspunkte sowie die europarechtlichen Rahmenbedingungen aufbereitet. Anhand der Beispiele von Österreich und den Niederlanden werden auch zwei aktuelle Wege einer sozialen Wohnraumversorgung analysiert und nutzbar gemacht. Für eine neue Wohnungsgemeinnützigkeit werden schnell umsetzbare Maßnahmen sowie ein detailliertes Konzept für den Aufbau eines größeren gemeinwohlorientierten Wohnungsangebotes vorgeschlagen.

International Antitrust Litigation

Author: JÃ1⁄4rgen Basedow
Publisher: Bloomsbury Publishing
ISBN: 1847318878
Format: PDF, Kindle
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The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.