Description
Book SynopsisDuring the past decade, the use of private enforcement within competition law has gradually increased throughout Europe but major differences still exist among Member States. By harmonizing a number of procedural rules, the implementation of the Damages Directive has established a level playing field among EU Member States. This book represents the first assessment of the implementation of the Damages Directive at the national level.
The contributors explore the topic from a cross-cutting perspective as well as via a set of country case studies. Each chapter focuses on a number of procedural aspects harmonized by the Directive, and analyses the impact of the Directive by taking into consideration the national jurisprudence and the existing legal framework at the national level. By using a comparative lens, this timely book thus provides an up-to-date account of the emerging trends in private enforcement of competition law in Europe.
Perceptive and engaging, this book will appeal to students and researchers in EU competition law and policy. Practitioners and national competition authorities will also find it informative and beneficial.
Contributors include: M. Botta, P. Burke, J. M. González, C. Krüger, J. Maillo, P.L. Parcu, S. Peyer, A.R. Pisarkiewicz, M.A. Rossi, T. Schreiber, S. Solidoro, S.V. Walle
Trade Review'This new volume represents one of the first critical analyses of the new era of private antitrust enforcement in the Member States post the EU Damages Directive. The contributions do not just refer to the national jurisprudential and legislative developments but also critically and synthetically evaluate the EU Directive following an ex post assessment approach, based on real cases. They document breakthroughs but also persisting problems and offer the readers a good glimpse of what the new generation issues will be.' --Assimakis Komninos, White & Case LLP, Belgium and University College London, UK
Table of ContentsContents: Preface 1. Introduction Pier Luigi Parcu, Giorgio Monti, Marco Botta 2. Practical Challenges for Cross-Border Follow-On Actions Till Schreiber, Carsten Krüger and Pádraic Burke 3. Liability issues not codified by the Damages Directive: how to fill such gaps? Giorgio Monti 4. The Role of Economics in EU Private Antitrust Enforcement: Theoretical Framework, Empirical Methods and Practical Issues Pier Luigi Parcu, Maria Alessandra Rossi 5. Private antitrust enforcement in England and Wales after the EU Damages Directive: Where are we heading? Sebastian Peyer 6. Private enforcement of antitrust law in Belgium and the Netherlands – is there a race to attract antitrust damages actions? Simon Vande Walle 7. Antitrust Damages Claims in Spain: Before and After the Damages Directive Jerónimo Maillo 8. Private Antitrust Enforcement in France: Analysis of substantive and procedural challenges in light of the most recent case law Silvia Solidoro 9. The Implementation of the Damages Directive in Czech Republic, Hungary, Poland and Slovakia: An Overview of Practical Issues and Challenges Anna Renata Pisarkiewicz Index
