Private Antitrust Litigation in the European Union and Japan PDF Download

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: Damien Gerard
Publisher: Cambridge University Press
ISBN: 1108498086
Category : Law
Languages : en
Pages : 475

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Book Description
Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.

Author: Rafael Amaro
Publisher: Bruylant
ISBN: 2802770292
Category : Law
Languages : en
Pages : 353

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Book Description
This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions. For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the “Pre-Directive era.” In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of “interests.” For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it. Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States.

Author: Jurgen Basedow
Publisher: Bloomsbury Publishing
ISBN: 1847318886
Category : Law
Languages : en
Pages : 446

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Book Description
The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.

Author: Barry J. Rodger
Publisher:
ISBN: 9789041145598
Category : Antitrust law
Languages : en
Pages : 0

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Book Description
Private Enforcement Context and Project Background /Barry Rodger --Institutions and Mechanisms to Facilitate Private Enforcement /Barry Rodger --The Empirical Data Part 1: Methodology, Case Law, Courts and Processes /Barry Rodger --The Empirical Data Part 2: Provisions Relied Upon, Remedies and Success /Barry Rodger --Collective Redress Mechanisms and Consumer Case Law /Barry Rodger --Comparing Economic Incentives across EU Member States /Morten Hviid & John Peysner --A View from across the Atlantic: Recent Developments in the Case Law of the US Federal Courts on Class Certification in Antitrust Cases /Arianna Andreangeli --Fast, Effective and Low Cost Redress: How Do Public and Private Enforcement and ADR Compare? /Christopher Hodge --Concluding Remarks /Barry Rodger.

Author: Damien Gerard
Publisher: Kluwer Law International B.V.
ISBN: 9403522445
Category : Law
Languages : en
Pages : 347

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Book Description
By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.

Author: Arianna Andreangeli
Publisher: Edward Elgar Publishing
ISBN: 1849806144
Category : Law
Languages : en
Pages : 423

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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: Pier Luigi Parcu
Publisher: Edward Elgar Publishing
ISBN: 178643881X
Category : Law
Languages : en
Pages : 247

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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: Assimakis Komninos
Publisher: Hart Publishing
ISBN: 9781841137445
Category : Law
Languages : en
Pages : 0

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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: Mel Marquis
Publisher: Edward Elgar Publishing
ISBN: 9781783478859
Category : Actions and defenses
Languages : en
Pages : 0

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Book Description
With courts and arbitrators functioning daily as front line decision-makers applying EU competition law, this book reflects on a variety of issues related to the litigation and arbitration of cases in this field. It provides expert analysis from perspectives of substance, procedure, fundamental rights, as well as inter-institutional dialogue and coherence.