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EU Competition Litigation: Transposition and First Experiences of the New Regime de Magnus Strand

EU Competition Litigation: Transposition and First Experiences of the New Regime: Swedish Studies in European Law

Editat de Magnus Strand, Vladimir Bastidas, Marios C Iacovides
en Limba Engleză Paperback – 16 dec 2020
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 open access 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.The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network.
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Specificații

ISBN-13: 9781509946068
ISBN-10: 1509946063
Pagini: 272
Dimensiuni: 156 x 234 mm
Greutate: 0.39 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Swedish Studies in European Law

Locul publicării:London, United Kingdom

Caracteristici

Looks at the impact of Directive 2014/104/EU on competition law and EU private law

Notă biografică

Magnus Strand is associate professor of European law and senior lecturer in commercial law at Uppsala University. Vladimir Bastidas Venegas is associate professor of European law and senior lecturer in competition law at Uppsala University.Marios C Iacovides is assistant professor of European law at Stockholm University and legal counsel at the Swedish Competition Authority.

Cuprins

PART IROLLING OUT THE NEW PRIVATE ENFORCEMENT REGIME1. EU Competences and the Damages Directive: The Continuum Between Minimum and Full Harmonisation Max Hjärtström and Julian Nowag2. The State of Private Enforcement of Competition Law: A Practitioner's Perspective Ulrich Classen and Martin Seegers3. Managing Transposition and Avoiding Fragmentation: The Example of Limitation Periods and Interest Magnus Strand4. A First Look at the Portuguese Act 23/2018 Transposing the Private Enforcement Directive Sofia Oliveira Pais PART IIBALANCING PUBLIC AND PRIVATE ENFORCEMENT5. Private Enforcement of Public Law - An Inconsistent Approach to Remedies? Lars Henriksson6. The Binding Effects of Decisions and Judgments under EU Competition Law Torbjörn Andersson7. Facilitating Follow-on Actions? Public and Private Enforcement of EU Competition Law After Directive 2014/104 Katharina Voss8. The Practical and Legal Effects of National Decisions in Subsequent Damages Actions Per Karlsson9. The Quest for Evidence - Still an Uphill Battle for Cartel Victims? Helene Andersson PART IIISOLVED AND UNSOLVED ISSUES IN PRIVATE ENFORCEMENT10. Damages Actions in Article 102 TFEU Cases: The New Frontier for Private Enforcement Assimakis P Komninos11. Implementing the Rules of the Damages Directive on Joint and Several Liability: The SME Derogation Anna Piszcz12. Causation and Damage: What the Directive Does Not Solve and Remarks on Relevant EU Law Katri Havu13. The Presumption of Harm and its Implementation in the Member States' Legal Orders Pieter Van Cleynenbreugel14. Article 17(3) of the Damages Directive and the Interaction Between the Swedish Competition Authority and Swedish Courts Marios C Iacovides

Descriere

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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.