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Damages Actions and Competition Law

Professor Mads Andenas

ISBN13: 9781405718318

Publisher: LexisNexis Butterworths

Country of Publication: UK

Format: Hardback

Price: Publication Abandoned

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This comprehensive new title covers civil tort remedies and actions for damages in competition law. With a strong focus on European Union law, US law, and national laws of the EU Member States, this fully up-to-date work takes into account the most recent EU and national developments.

The book also undertakes a fully integrated comparative analysis of the US and four EU jurisdictions, covering both the substantive and procedural dimensions

Subjects:: Competition Law, Remedies and Damages

Contents:: Part I: Tort Remedies in Competition Law;; 1. Introduction and overview;; 2. EU competition law;; 3. Effectiveness, remedies, and procedure in EU law;; 4. Models for the development of private tort remedies in national law;; 5. Green Paper proposals and follow-up reforms;; Part II: The cause of action;; 6. Articles 81-82 EC: Substance of the prohibitions, evidence and proof;; 7. The merger regime and its implications for private litigation;; 8. The problem of the causes of action;; 9. The applicable law;; 10. Standing and indirect purchaser;; 11. Fault;; 12. Causation;; 13. Damages;; 14. The impact of the leniency regimes on damages;; 15. Injunctions and declarations;; Part III: Procedure and Evidence;; 16. Jurisdiction;; 17. Pleadings;; 18. Interim measures;; 19. Disclosure;; 20. Evidence;; 21. The impact of the leniency regimes on disclosure and evidence;; 22. The role of expert evidence;; 23. Burden and standard of proof;; 24. The national instances: trial and appellate jurisdictions;; 25. References to the European Court of Justice;; 26. Finality (Res judicata) and enforcement of judgments;; 27. Multi-party litigation and collective/representative actions;; 28. International Commercial Arbitration;; 29. Organising Parallel Proceedings;; Part IV: General Conclusion;; 30. Models of EU competition law litigation between harmonization and ‘procedural autonomy’