Harmonising EU Competition Litigation

Author: Maria Bergström
Publisher: Bloomsbury Publishing
ISBN: 1509902759
Format: PDF, Docs
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This volume in the Swedish Studies in European Law series, produced by the Swedish Network for European Legal Studies, heralds the new harmonised regime of private enforcement of EU competition law. In 2013, the Commission issued a Communication and Practical Guide to the quantification of harm in antitrust litigation and a Recommendation on collective redress. In 2014, the long-awaited Directive on actions for damages for infringements of EU competition law was finally adopted. In 2016, the Commission is expected to issue guidelines on the passing-on of overcharges. This book examines these recent developments and offers the perspectives of judges, officials, practitioners and academics. With a preface by Judge Carl Wetter of the General Court, the book explores five different themes. In section one, the main policy issues and challenges are presented. In section two, the new regime is placed in the bigger picture of recent EU law developments. In section three, the nexus between private enforcement and transparency is investigated. A comparative perspective is offered in section four by looking into private enforcement in five Member State jurisdictions. Finally, issues relating to causation, harm and indirect purchasers are explored in section five.

EU Competition Law

Author: Alison Jones
Publisher: Oxford University Press
ISBN: 0198723423
Format: PDF, Kindle
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The essential guide to EU competition law for students in one volume; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from two leading experts in the field. In this fast-paced subject area, Alison Jones and Brenda Sufrin carefully highlight the most important cases, legislation, and developments to allow students to navigate the breadth of legislation and case law. With their clear explanations and commentary, the authors provide invaluable support to students as they approach this complex and highly technical area of law. Extracts provide opportunities for students to understand the law in practice, and to see its relevance to business. Indispensable for undergraduate and postgraduate students alike, this is the standalone guide to the competition law of the EU. The text is accompanied by an Online Resource Centre containing: -An additional chapter on State Aid -An interactive map and timeline of the EU -Web links -Updates in the law

Cases Materials and Text on European Law and Private Law

Author: Arthur Hartkamp
Publisher: Bloomsbury Publishing
ISBN: 150991188X
Format: PDF, ePub, Mobi
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This Casebook deals with the horizontal effects of EU law, which is to say its effects on relationships between individuals. To a large extent, these effects have been created by the Court of Justice of the European Union (CJEU) on the basis of the European Treaties. The main focus of the Casebook is on the developments relating to primary EU law and their influence on national private law. It studies instances where EU primary law has already directly or indirectly influenced the case law in the Member States, or where it is expected to do so soon. Compared to the well-known impact of EU directives on private law, these developments concerning primary EU law are hardly noted by private lawyers and perhaps not sufficiently explained by scholars of EU law. Therefore the book makes an important contribution to scholarship and education. This book highlights developments in the areas of competition law, fundamental freedoms, non-discrimination, general principles of EU law, ex officio application of provisions of EU law and implementation of directives, including harmonious interpretation and Francovich liability. In its analysis of the ways in which EU law interacts with private law, the book will be an invaluable resource to students, practitioners and academics of EU private law.

EU Competition Litigation

Author: Magnus Strand
Publisher: Hart Publishing
ISBN: 9781509922017
Format: PDF, ePub, Mobi
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All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The directive (and the soft-law instruments accompanying it) does not only mark a new phase for private enforcement of competition law but also, more generally, a novel and thought-provoking instance of EU harmonization of aspects of private law and civil litigation. Following up on a previous Hart volume in the Swedish Studies in European Law series, published in 2016, this book offers contributions from top practitioners and scholars from all over Europe who present and discuss first experiences from the implementation of the new damages regime in various jurisdictions. Topics covered include theoretical and practical reflections on the state of private enforcement in Europe, the balancing of conflicting interests pertaining to public and private enforcement of competition law respectively, and specific legal issues such as causation and the estimation of harm. The authors explore problems solved, problems created, and future challenges in the new regime of private enforcement of competition law in Europe, offering predictions as to issues that may have to be settled through recourse to the European Court of Justice.

Cambridge Yearbook of European Legal Studies Vol 16 2013 2014

Author: Albertina Albors-Llorens
Publisher: Bloomsbury Publishing
ISBN: 1782255796
Format: PDF, ePub, Docs
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The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration.

Civil Procedure in EU Competition Cases Before the English and Dutch Courts

Author: George Cumming
Publisher: Kluwer Law International B.V.
ISBN: 9041131922
Format: PDF
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For decades it seemed clear that EC competition law was enforceable effectively at the national level, and ECJ case law has continued to bear this out. In recent years, however, the Commission has been proposing harmonization of national rules of procedure in competition cases, implying that procedural autonomy is insufficient on its own to produce an effective enforcement system in this area. As the authors of this book clearly demonstrate, this suggests a binary system governing the enforcement of EC Articles 81 and 82: namely, that led by the Commission through directives and eventual regulations, and that built on ECJ principles in areas not dealt with by such Community instruments. This book describes and analyzes not only the specific Commission recommendations, but also the manner and extent to which these recommendations are or may be implemented in civil procedure. In particular, the authors consider changes which may be required if these recommendations are incorporated into Dutch and English rules of civil procedure. Also addressed are elements of procedure not mentioned by the Commission but which might usefully be considered in the context of ECJ principles of effectiveness, equivalence and effective judicial protection of rights. At the heart of the study is a detailed analysis of the Commission White Paper on Damages Actions and the Commission Staff Working Paper, both issued early in 2009. The in-depth analysis ranges over procedural aspects of such elements as the following: and•standing; and•disclosure and access to evidence; and•burden of proof; and•fault/no fau and•costs of damages actions; and•injunctions; and•civil versus administrative enforcement; and•limitations; and•leniency programmes; and•collective actions; and•confidentiality; and and•forms of compensation. Anticipating as it does a looming impasse in European competition law, this remarkable book sheds defining light on the real implications of EC competition law for parties to damages actions, not only in the national systems studied but for all Member States. For practitioners and jurists it offers a particularly useful approach to the handling of cases involving European competition law, and also serves as a guide to current trends and as a clarification of doctrine.

Cross Border EU Competition Law Actions

Author: Mihail Danov
Publisher: Bloomsbury Publishing
ISBN: 178225160X
Format: PDF, Mobi
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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).

A Practical Guide to National Competition Rules Across Europe

Author: Marjorie Holmes
Publisher:
ISBN:
Format: PDF, Mobi
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Over the last three years, the anti-trust environment in Europe has undergone major changes, as the so called process of modernisation gathers pace. In May 2004, the European Commission lost its exclusive jurisdiction to deal with restrictive agreements and dominance. As a result EU Member Statesand’ national competition authorities acquired the power to implement European competition rules, as embodied in Articles 81 and 82 of the EC Treaty. This decentralisation of power means that companies operating in several Member States must be aware of each jurisdictionsand’ relevant competition rules to ensure full compliance. Those wishing to complain about anti-competitive practices can now choose between different national competition authorities. Being able to identify the strengths and weaknesses of different competition regimes is therefore important for both those who wish to ensure compliance and those who want to complain about anti-competitive activities. However by and‘outsourcingand’ the burden of implementing the anti-trust rules, some wonder whether the EUand’s competition regime has taken a step closer to the US regime. Since 1 May 2004 we have been waiting for an explosion of cases in the national courts based on breaches of the competition rules. To date this has not happened. Is this because of obstacles such as the lack of treble damages, class actions and contingency fees? As a result of the above changes, advising on competition issues in Europe requires not only an understanding of the competition rules in each jurisdiction, but also an understanding of how the national courts deal with competition cases. The second edition of A Practical Guide to National Competition Rules across Europe aims to address these issues. Firstly it provides practical information on the competition regimes (including merger control) in each of the EU member states as well as Norway and Switzerland. Secondly it analyses the civil procedure rules in each jurisdiction and considers the extent to which competition litigation is likely to increase in the future. Each country chapter has been prepared by experienced competition lawyers. The second edition of the guide also includes a comparable analysis of the competition rules in Europe with those in other jurisdictions including Australia, Canada, Japan and the United States. Marjorie Holmes and Lesley Davey, both experienced competition lawyers from international law firm Reed Smith Richards Butler LLP, draw on the information provided in each of the country chapters to reach interesting and important conclusions and recommendations. Reviews of the First Edition and‘This book can be treated as a practical guide and a good one at thatand’ Stephen Glasper, Chambers, Sept/October 2004 and‘I commend this book for its contribution to the practical knowledge of the international competition law community as well as its assistance in attaining the and“holy grailand” of the harmonization of legal approaches to competition law issuesand’ Susan Yee-Kong, Ebsworth and& Ebsworth TPLJ 2004 (Australian Trade Practices Law Journal)