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Author: Simon Vande Walle
Publisher: Maklu
ISBN: 9046605264
Category : Law
Languages : en
Pages : 358
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Book Description
Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.
Author: Simon Vande Walle
Publisher: Maklu
ISBN: 9046605264
Category : Law
Languages : en
Pages : 358
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Book Description
Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes, and a growing awareness of antitrust remedies in all layers of society. This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan's experience can be useful for Europe and vice versa in shaping future reforms.
Author: Clifford Jones
Publisher:
ISBN: 9780199560592
Category :
Languages : en
Pages : 440
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Book Description
At a time when there is considerable development of antitrust litigation in the European Union, and the legal framework is constantly evolving, this book provides a comprehensive exploration of the legal basis for private antitrust enforcement, drawing comparisons within the European Union(EU) and between EU law and United States (US) law.In light of the important recent evolution in this area of law, this is a timely and significantly revised new edition of an authoritative text. It offers a detailed comparative analysis of jurisdictions across the EU and their treatment of private antitrust enforcement, and positions the privateenforcement of European Union (EU) competition law in the broader context of effectiveness of Union law. It also offers a full and clear introduction to all the key issues of law and practice that arise in private antitrust litigation in the US, and dispels many European misconceptions of USenforcement procedure, while emphasising the lessons that can be drawn from the American system.Topics covered include foundations of private enforcement, remedy principles and competition rules, prudential limits on private actions, enforcement pluralism in the European Union system, limits on permissible private plaintiffs, and calculation of damages. The book's theoretical approach issupplemented by a practical consideration of available procedures and remedies.
Author: Bernardine Adkins
Publisher: Sweet & Maxwell
ISBN: 0414026543
Category : Law
Languages : en
Pages : 327
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Book Description
Sentencing Referencer 2013 provides clear and practical guidance on over 100 sentencing topics laid out in an easy to navigate A-Z format. This is an invaluable tool to be used both in court and in the office and is the first port of call when seeking basic sentencing guidance. It takes the reader through each sentencing topic, the topics are laid out in alphabetical order, and legislation most applicable to the case is highlighted, followed by advice and the procedures to follow in court.
Author: Pier Luigi Parcu
Publisher: Edward Elgar Publishing
ISBN: 178643881X
Category : Law
Languages : en
Pages : 256
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Book Description
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: Kai Hüschelrath
Publisher: Springer
ISBN: 3662439751
Category : Business & Economics
Languages : en
Pages : 279
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Book Description
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: Arianna Andreangeli
Publisher: Edward Elgar Publishing
ISBN: 1849806144
Category : Law
Languages : en
Pages : 416
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Book Description
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: Jürgen Basedow
Publisher: Kluwer Law International B.V.
ISBN: 9041188355
Category : Law
Languages : en
Pages : 366
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Book Description
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: Mel Marquis
Publisher: Hart Pub Limited
ISBN: 9781849468039
Category : Law
Languages : en
Pages : 272
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Book Description
The purpose of this book is to provide a first reflection on the Directive on certain rules governing actions for damages for infringement of competition law provisions of the Member States and of the European Union, from a variety of perspectives. It opens with two essays that place the Directive in the wider context of private law harmonisation by the EU and of the role of consumer interests in European Law. Following are two essays from persons involved in the law-making process, providing insight into the legislative tensions and policies. The essays making up the central part of the book take a closer look at the most distinctive elements of the Directive (access to evidence, locus standi, risk of multiple recovery, the binding nature of national competition authorities' decisions) and an assessment of what is missing from it and why. In part, these essays will provide an explanation of how the Directive will likely function, but most will also offer wider reflections on the policy coherence of the proposal and the likely consequences of its implementation. The final part is comparative, including essays on US antitrust law and Australian law.
Author: Assimakis Komninos
Publisher: Bloomsbury Publishing
ISBN: 1847314082
Category : Law
Languages : en
Pages : 338
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Book Description
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: Bernardine Adkins
Publisher: European Lawyer
ISBN: 9780414051256
Category :
Languages : en
Pages : 400
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Book Description
