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Author: Pedro Caro de Sousa Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
In dealing with defences raised in cases of damages claims following competition infringements, national courts have often adopted an openly “legal approach” to passing on, rather than a more economic approach which would, in theory, lead to a more accurate allocation of losses between different levels of the production or distribution chain affected by a competition infringement. This article examines whether such “legal approaches” infringe the rules on passing on and the principle of full compensation set out in EU law, e.g. the EU Damages Directive. Legal approaches to passing on must comply with European law, and must not be such as to make it practically impossible or excessively difficult to rely on passing on. As this article showed, there is nothing to prevent such an objective from being achieved through the deployment of national doctrines on the calculation of damages or on the basis of national rules of evidence and causation, as national courts have been doing.
Author: Pedro Caro de Sousa Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
In dealing with defences raised in cases of damages claims following competition infringements, national courts have often adopted an openly “legal approach” to passing on, rather than a more economic approach which would, in theory, lead to a more accurate allocation of losses between different levels of the production or distribution chain affected by a competition infringement. This article examines whether such “legal approaches” infringe the rules on passing on and the principle of full compensation set out in EU law, e.g. the EU Damages Directive. Legal approaches to passing on must comply with European law, and must not be such as to make it practically impossible or excessively difficult to rely on passing on. As this article showed, there is nothing to prevent such an objective from being achieved through the deployment of national doctrines on the calculation of damages or on the basis of national rules of evidence and causation, as national courts have been doing.
Author: Magnus Strand Publisher: Edward Elgar Publishing ISBN: 1803922486 Category : Law Languages : en Pages : 512
Book Description
‘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.
Author: Magnus Strand Publisher: Edward Elgar Publishing ISBN: 1786430185 Category : Law Languages : en Pages : 473
Book Description
‘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.
Author: David Ashton Publisher: Edward Elgar Publishing ISBN: 1786430746 Category : Law Languages : en Pages : 498
Book Description
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.
Author: Hilde K Ellingsen Publisher: Bloomsbury Publishing ISBN: 1509937161 Category : Law Languages : en Pages : 296
Book Description
Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.
Author: Publisher: Oxford University Press ISBN: 0192855018 Category : Languages : en Pages : 1424
Book Description
The complete guide to EU competition law, combining key primary sources with expert author commentary.The most comprehensive resource for students on EU competition law; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from an expert author teamSelling Points--· Full, definitive coverage of every aspect of EU competition law - the complete guide tothe subject· Students are guided through the most important extracts from key cases, articles, and statutory material, all carefully selected and explained by this experienced authorteam· 'Central Issues' at the start of each chapter clearly identify key themes and principles discussed, to help readers navigate the material effectively· Extensive footnoting and further reading suggestions provide a thorough guide to the literature, giving students a starting point for their own research and readingNew to this edition--· Full analysis of important developments in competition law and policysince 2019, including relevant case-law, new EU legislation and notices and competition law goals;· A comprehensive discussion of the evolving law and policy governing market definition and vertical,horizontal cooperation and sustainability agreements;· A new chapter on competition law in the digital economy, incorporating a discussion of the Digital Markets Act.
Author: David Ashton Publisher: Edward Elgar Publishing ISBN: 180220928X Category : Law Languages : en Pages : 589
Book Description
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.
Author: Ferdinand Wollenschläger Publisher: Kluwer Law International B.V. ISBN: 940350210X Category : Law Languages : en Pages : 421
Book Description
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.
Author: Alison Jones Publisher: Oxford University Press, USA ISBN: 0198824653 Category : Law Languages : en Pages : 1353
Book Description
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 an expert author team. In this fast-paced subject area, the authors 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. Online resources: The text is accompanied by online resources containing: -An additional chapter on State Aid -Web links -Updates in the law
Author: Pedro Caro de Sousa
Author: Pedro Caro de Sousa
Author: Magnus Strand
Author: Magnus Strand
Author: David Ashton
Author: Ioannis Lianos
Author: Hilde K Ellingsen
Author: 
Author: David Ashton
Author: Ferdinand Wollenschläger
Author: Alison Jones