The 'Right to Damages' under EU Competition Law

The 'Right to Damages' under EU Competition Law
Author: Veljko Milutinovic
Publisher: Kluwer Law International B.V.
Total Pages: 432
Release: 2010-11-19
Genre: Law
ISBN: 9041142495

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.

After the Damages Directive

After the Damages Directive
Author: Andrea Biondi
Publisher: Kluwer Law International B.V.
Total Pages: 973
Release: 2022-01-11
Genre: Law
ISBN: 9403513101

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.

Competition Damages Actions in the EU

Competition Damages Actions in the EU
Author: David Ashton
Publisher: Edward Elgar Publishing
Total Pages: 498
Release: 2018-03-30
Genre: Law
ISBN: 1786430746

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
Author: Kirst, Philipp
Publisher: Edward Elgar Publishing
Total Pages: 416
Release: 2021-12-09
Genre: Law
ISBN: 1800887523

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.

The Passing-On Problem in Damages and Restitution under EU Law

The Passing-On Problem in Damages and Restitution under EU Law
Author: Magnus Strand
Publisher: Edward Elgar Publishing
Total Pages: 512
Release: 2023-12-11
Genre: Law
ISBN: 1803922486

‘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
Author: Magnus Strand
Publisher: Edward Elgar Publishing
Total Pages: 473
Release: 2017-01-27
Genre: Law
ISBN: 1786430185

‘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.

Private Enforcement of EU Competition Law

Private Enforcement of EU Competition Law
Author: Pier Luigi Parcu
Publisher: Edward Elgar Publishing
Total Pages: 247
Release: 2018-09-28
Genre: Law
ISBN: 178643881X

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.

Competition Damages Actions in the EU and the UK

Competition Damages Actions in the EU and the UK
Author: David Ashton
Publisher: Edward Elgar Publishing
Total Pages: 589
Release: 2023-01-20
Genre: Law
ISBN: 180220928X

Competition Damages Actions in the EU and the UK is the clearest and most coherent reference point on damages actions for breach of EU competition law.

Collective Redress and EU Competition Law

Collective Redress and EU Competition Law
Author: Eda Şahin
Publisher: Routledge
Total Pages: 227
Release: 2018-12-13
Genre:
ISBN: 1351068709

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.

Damages Claims for the Infringement of EU Competition Law

Damages Claims for the Infringement of EU Competition Law
Author: Peter John Davis
Publisher:
Total Pages: 394
Release: 2015
Genre: Antitrust law
ISBN: 9780191793356

'Damages Claims for the Infringement of EU Competition Law' provides a critical analysis of damages claims for the infringement of EU competition law by combining a theoretical with a practical perspective. The work looks at the relevant EU framework, focusing on the recently adopted Damages Directive, examining all aspects of EU law that may be relevant to damages claims (whether or not brought by a consumer), including a thorough analysis of the rarely examined causation aspects, alternative dispute resolution, as well as private international law instruments.