Research Handbook on Private Enforcement of Competition Law in the EU

The 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.

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