Description
Book SynopsisThe
Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues.
This Research Handbook brings different perspectives into the dialogue, curating contributions from judges, academics and practitioners. As a whole, the Handbook delivers a deft exploration of strategies to successfully enforce rights across the EU and encompasses discussion and scrutiny of legal instruments, institutional developments, key litigation issues and judicial practice. It delivers contemporary and comparative reflection on developments in practice, including the impact of the Antitrust Damages directive, and the impact of a range of CJEU case-law.
Organised into three main sections covering general issues, key aspects relating to private enforcement, and the experience of enforcement in key jurisdictions, this rigorous and engaging Research Handbook will be an invaluable resource for scholars, advanced students and practitioners.
Trade Review‘A remarkably comprehensive guide to the private enforcement of competition law in Europe today, by an impressive list of eminent expert authors. This valuable addition to the literature is essential reading for those with an interest in private enforcement and includes important substantive, procedural, practical, comparative and economic insights.’ -- Andreas Stephan, University of East Anglia, UK
Table of ContentsContents: Introduction to the research handbook on private enforcement of competition law in the EU xiv PART I GENERAL ISSUES 1 Private enforcement of competition law: its role and development in the EU 2 Richard Whish and David Bailey 2 The economics of private enforcement of competition law 28 Maximilian Langer, Erik Lindén, Asger Lunde, Claus Kastberg Nielsen and Jouni Sohkanen 3 Private enforcement under US antitrust law: origins and contemporary context 52 Andrew I. Gavil PART II SUBSTANTIVE AND PROCEDURAL ISSUES 4 Respective roles of EU and national law 82 Juliane Kokott and Hanna Schröder 5 The application ratione temporis of the Directive’s provisions and conflicting limitation periods under national laws 101 Philipp Kirst 6 Competition litigation and EU private international law rules 134 Barry J. Rodger 7 Private enforcement and the imputation of antitrust liability 159 Peter Whelan 8 Alternative remedies in the private enforcement of Articles 101 and 102 TFEU 181 Magnus Strand 9 Causation 204 Ioannis Lianos and Claudio Lombardi 10 Indirect purchasers and passing-on 239 Antonio Robles Martín-Laborda 11 Access to evidence: the ‘disclosure scheme’ of the Damages Directive 265 Francisco Marcos 12 Binding effect of public enforcement decisions 303 Miguel Sousa Ferro 13 Collective redress and aggregation of claims 330 Csongor István Nagy 14 Competition litigation funding 358 Sebastian Peyer PART III PRIVATE ENFORCEMENT IN PRACTICE 15 Private enforcement in the UK and Ireland 387 Barry J Rodger and Mary Catherine Lucey 16 Portugal and Spain 420 Miguel Sousa Ferro and Francisco Marcos 17 Germany and the Netherlands 459 Jannik Otto, Patrick Hauser and Simon Vande Walle 18 Central and Eastern European countries 504 Jurgita Malinauskaite Index 527
