EU Competition Litigation - Transposition and first experiences of the new regime
STRAND Magnus , BASTIDAS VENEGAS Vladimir , LACOVIDES Marios C
Product details
- Categories: Competition Law, May 2019
- Publisher: HART PUBLISHING
- Collection: Swedish Studies in European Law
- ISBN: 9781509922017
- Publication Date: 01/05/2019
- Binding: Hardback
- Number of pages: 242
- Language: English
Summary
All EU Member States have now transposed Directive 2014/104/EU on
damages actions for breaches of competition law into national law. The
Directive (and the soft-law instruments accompanying it) not only marks a
new phase for private enforcement of competition law but also, more
generally, provides a novel and thought provoking instance of EU
harmonisation of aspects of private law and civil litigation.
Following
up on a previous volume in the Swedish Studies in European Law series,
published in 2016, this book offers contributions from top practitioners
and scholars from all over Europe, who present and discuss first
experiences from the implementation of the new damages regime in various
jurisdictions.
Topics covered include theoretical and practical
reflections on the state of private enforcement in Europe, the balancing
of conflicting interests pertaining to public and private enforcement
of competition law respectively, and specific legal issues such as
causation and the estimation of harm. The authors explore problems
solved, problems created, and future challenges in the new regime of
private enforcement of competition law in Europe, offering predictions
as to issues that may have to be settled through recourse to the
European Court of Justice.
Table of contents
PART I
ROLLING OUT THE NEW PRIVATE ENFORCEMENT REGIME
1. EU Competences and the Damages Directive: The Continuum Between Minimum and Full Harmonisation Max Hjärtström and Julian Nowag
2. The State of Private Enforcement of Competition Law: A Practitioner's Perspective
Ulrich Classen and Martin Seegers
3. Managing Transposition and Avoiding Fragmentation: The Example of Limitation Periods and Interest
Magnus Strand
4. A First Look at the Portuguese Act 23/2018 Transposing the Private Enforcement Directive
Sofia Oliveira Pais
PART II
BALANCING PUBLIC AND PRIVATE ENFORCEMENT
5. Private Enforcement of Public Law – An Inconsistent Approach to Remedies?
Lars Henriksson
6. The Binding Effects of Decisions and Judgments under EU Competition Law
Torbjörn Andersson
7. Facilitating Follow-on Actions? Public and Private Enforcement of EU Competition Law After Directive 2014/104
Katharina Voss
8. The Practical and Legal Effects of National Decisions in Subsequent Damages Actions
Per Karlsson
9. The Quest for Evidence – Still an Uphill Battle for Cartel Victims?
Helene Andersson
PART III
SOLVED AND UNSOLVED ISSUES IN PRIVATE ENFORCEMENT
10. Damages Actions in Article 102 TFEU Cases: The New Frontier for Private Enforcement
Assimakis P Komninos
11. Implementing the Rules of the Damages Directive on Joint and Several Liability: The SME Derogation
Anna Piszcz
12. Causation and Damage: What the Directive Does Not Solve and Remarks on Relevant EU Law
Katri Havu
13. The Presumption of Harm and its Implementation in the Member States' Legal Orders
Pieter Van Cleynenbreugel
14. Article 17(3) of the Damages Directive and the Interaction Between the Swedish Competition Authority and Swedish Courts
Marios C Iacovides