[PDF] The Right To Damages Under Eu Competition Law - eBooks Review

The Right To Damages Under Eu Competition Law


The Right To Damages Under Eu Competition Law
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The Right To Damages Under Eu Competition Law


The Right To Damages Under Eu Competition Law
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Author : Veljko Milutinovic
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-11-19

The Right To Damages Under Eu Competition Law written by Veljko Milutinovic and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-19 with Law categories.


It is the provocative thesis of this book that the Commission’s struggle for a more ‘effective’ system of private enforcement has gone from being a mere enhancement of a single EU policy (competition) to slowly but surely fuelling a paradigm shift in EU law.



Competition Damages Actions In The Eu


Competition Damages Actions In The Eu
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Author : David Ashton
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-03-30

Competition Damages Actions In The Eu written by David Ashton and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-30 with Law categories.


In this revised and much expanded second edition David Ashton provides a comprehensive review of the EU damages directive (Directive 2014/104/EU) and its implementation, bringing the book up to date with the latest advances in EU Competition Law damages actions. This edition also features insights from practising lawyers on national developments in over 10 countries across Europe and an updated, separately authored, chapter on the quantification of loss. This book will provide practising lawyers and scholars alike with a clear, well-structured and updated guide to EU Competition Law Damages.



The Impact Of The Damages Directive On The Enforcement Of Eu Competition Law


The Impact Of The Damages Directive On The Enforcement Of Eu Competition Law
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Author : Philipp Kirst
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-12-28

The Impact Of The Damages Directive On The Enforcement Of Eu Competition Law written by Philipp Kirst and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with categories.


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. Applying insights from an economic analysis of law, Philipp Kirst investigates the effectiveness of the measures prescribed by the Directive that are intended to overcome the potential negative effects of increased private enforcement of competition law, offering concrete legislative proposals to combat these. Kirst focuses on three aspects that are crucial to achieving the Directive's main objectives: the EU leniency programme, the sanctioning methodology, and the allocation of civil liability among joint infringers. Furthermore, the book offers policy recommendations to reconcile both an effective enforcement regime and compensation of victims. Provoking debate on the ways in which a more integrated enforcement regime could be created; this book will be a crucial text for academics in the fields of competition and antitrust law and European law and economics. It will also be a key reference point for practitioners and enforcement agencies.



Private Enforcement Of Eu Law Before National Courts


Private Enforcement Of Eu Law Before National Courts
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Author : Folkert Wilman
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-09-25

Private Enforcement Of Eu Law Before National Courts written by Folkert Wilman and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-25 with Law categories.


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.



After The Damages Directive


After The Damages Directive
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Author : Andrea Biondi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-01-11

After The Damages Directive written by Andrea Biondi and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-11 with Law categories.


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.



Private Enforcement Of Eu Competition Law


Private Enforcement Of Eu Competition Law
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Author : Pier Luigi Parcu
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-09-28

Private Enforcement Of Eu Competition Law written by Pier Luigi Parcu and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Law categories.


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.



The Passing On Problem In Damages And Restitution Under Eu Law


The Passing On Problem In Damages And Restitution Under Eu Law
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Author : Magnus Strand
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-12-11

The Passing On Problem In Damages And Restitution Under Eu Law written by Magnus Strand and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-11 with Law categories.


‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.



The Passing On Problem In Damages And Restitution Under Eu Law


The Passing On Problem In Damages And Restitution Under Eu Law
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Author : Magnus Strand
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-01-27

The Passing On Problem In Damages And Restitution Under Eu Law written by Magnus Strand and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-27 with categories.


‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this authoritative book Magnus Strand provides the first comprehensive examination of passing-on in EU law damages and restitution. The analysis covers a broad range of contexts including competition damages and the repayment of charges.



Collective Redress And Eu Competition Law


Collective Redress And Eu Competition Law
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Author : Eda Şahin
language : en
Publisher: Routledge
Release Date : 2018-12-13

Collective Redress And Eu Competition Law written by Eda Şahin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with categories.


Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.



Private Enforcement Of European Competition And State Aid Law


Private Enforcement Of European Competition And State Aid Law
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Author : Ferdinand Wollenschläger
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-01-09

Private Enforcement Of European Competition And State Aid Law written by Ferdinand Wollenschläger and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-09 with Law categories.


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.