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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Private Enforcement of Antitrust Law in the EU, UK and USA

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ISBN13: 9780198268680
ISBN: 0198268688
New Edition ISBN: 9780199560592
Published: August 1999
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £185.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book provides the first detailed examination of how private individuals and companies can enforce their rights under competition law against other private parties in the EU and UK. It provides a comprehensive analysis of the legal basis for private antitrust enforcement both under EC and the new UK law, and of the available procedures and remedies. The book then goes on to systematically survey all of the key issues of law and practice that arise in private antitrust litigation in the USA, such as locus standi, antitrust injury, methods of proof of damage, types of damage for which compensation is recoverable, and the principles of antitrust damage calculation. In each case, the author draws upon his experience of such litigation as a practitioner in the USA to set out detailed practical conclusions as to how the same issues should be addressed in the EU and UK.

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Preface by John Temple Lang; Table of Cases; Table of Treaties and Legislation; Introduction; 1. Introduction to comparative antitrust systems; 2. Antitrust enforcement in the US; 3. The EC System: The Treaty of Rome and Regulation 17; 4. The UK System: From administration to prohibition; 5. Foundations of private enforcement in the Community; 6. Remedy principles and the competition rules; 7. Aspects of private antitrust enforcement; 8. Enforcement pluralism in the Community system; 9. The Legal basis of private actions in the UK; 10. Community antitrust claims as a breach of statutory duty; 11. UK antitrust claims as a breach of statutory duty; 12. The Community (antitrust) remedy solution; 13. Prudential limitations on private actions; 14. Limits on permissible private plaintiffs in US law; 15. Special issues of standing and antitrust injury; 16. Limits on permissible private plaintiffs under EC law; 17. Antitrust damage principles in US law; 18. How damages are calculated in particular cases; 19. Damage principles in Community antitrust cases; 20. Conclusions: The labours of Sisyphus; Bibliography