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Vol 21 No 11 Nov/Dec 2016

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Competition Law: Comparative Private Enforcement and Collective Redress Across the EU


ISBN13: 9789041145598
Published: March 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £100.00



Despatched in 2 to 4 days.

This book presents and evaluates the results of an AHRC funded research project designed to generate a quantitative analysis of the extent to which private enforcement of competition law has taken place across twenty-seven EU Member States over a period of 13 years to 1 May 2012.

In order to consider the extent to which the rights provided by competition law in the EU are protected and accorded effectiveness. It fills a major gap in our knowledge of the use of private litigation in Europe, especially in relation to consumer redress in competition-related cases, providing valuable empirical evidence to inform policy debate and developments.

Based on extensive work by expert rapporteurs from 27 EU Member States, the study comprehensively identifies, for the period 1999–2012, all competition law cases before the domestic courts of the EU where parties were seeking to exercise rights conferred on them either by EU law (Articles 101 and 102 TFEU) or the domestic competition law equivalents.

The general hypothesis that underlies the project is that private enforcement practice may at least partly be explained by the existence or availability of particular institutions, mechanisms and cultural factors in relation to the particular legal system, and, accordingly, the book provides an overview of certain aspects of the legal and institutional background to private enforcement across the Member states, focusing on:-

  • the availability of a specialist competition law tribunal/court
  • provision for stand-alone and/or follow-on actions
  • information revelation mechanisms
  • litigation costs and funding mechanisms
After a comprehensive discussion of EU and national trends in private enforcement, three special chapters provide further insight into such matters as:- incentives derived from procedural rules which may explain the differences in observed competition related litigation activity; recent developments in the application of the certification criteria in relation to ‘class actions’ in the US amid concerns over the transplantation of a potentially abusive class action mechanism from the US for competition law collective actions in Europe; and a critique of the current European approach, suggesting that public enforcement and ADR may be more effective, quicker and cheaper than private enforcement.

This study responds to the growing consensus among European competition authorities that private enforcement is a key element of a more competitive European economy, and providess an incomparable source of policy-relevant data. It will be of immeasurable value to academics, practitioners, consumer organizations, businesses, policymakers, and public enforcement agencies.

Subjects:
Competition Law
Contents:
List of Editors and Contributors. Acknowledgements.

PART I The AHRC Project on Private Enforcement and Collective Redress in the EU.
CHAPTER 1 Private Enforcement Context and Project Background Barry Rodger.
CHAPTER 2 Institutions and Mechanisms to Facilitate Private Enforcement Barry Rodger.
CHAPTER 3 The Empirical Data Part 1: Methodology, Case-Law, Courts and Processes Barry Rodger.
CHAPTER 4 The Empirical Data Part 2: Provisions Relied Upon, Remedies and Success Barry Rodger.
CHAPTER 5 Collective Redress Mechanisms and Consumer Case-Law Barry Rodger.

PART II Private Enforcement, Economic Incentives and Alternative Collective Redress Mechanisms.
CHAPTER 6 Comparing Economic Incentives across EU Member States Morten Hviid & John Peysner.
CHAPTER 7 A View from across the Atlantic: Recent Developments in the Case-Law of the US Federal Courts on Class Certification in Antitrust Cases Arianna Andreangeli.
CHAPTER 8 Fast, Effective and Low Cost Redress: How Do Public and Private Enforcement and ADR Compare? Christopher Hodges.

PART III Concluding Remarks.
CHAPTER 9 Concluding Remarks Barry Rodger.

Series: International Competition Law

£108.00
Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
£204.00
£124.00
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
£154.00
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
£152.00
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published December 2014
Kluwer Law International
£116.00
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
Kluwer Law International
£96.00
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
£108.00
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
£96.00
EU Competition Law: Between Public and Private Enforcement ISBN 9789041146779
Published December 2013
Kluwer Law International
£112.00
£116.00
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
£120.00
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
£112.00
£92.00
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
£128.00
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
£125.00
Civil Procedure in EU Competition Cases before the English and Dutch Courts ISBN 9789041131928
Published November 2009
Kluwer Law International
£126.00
An Institutional Assessment of Antitrust Policy: The Latin American Experience ISBN 9789041124784
Published May 2009
Kluwer Law International
£136.00
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
£144.00
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
£144.00
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
£112.00
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
£173.00
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
£113.00
Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement ISBN 9789041126320
Published September 2007
Kluwer Law International
£124.00
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
£218.00
Effective Application of EU State Aid Procedures: The Role of National Law and Practice
Edited by: Paul F. Nemitz
ISBN 9789041126573
Published July 2007
Kluwer Law International
£124.00
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
£128.00
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
£161.00
A Concise Guide to the EU Anti-Dumping/ Anti-Subsidies Procedures ISBN 9789041124647
Published June 2006
Kluwer Law International
£100.00
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
£121.00
Mergers and Acquisitions: The Industrial Organization Perspective ISBN 9789041124517
Published March 2006
Kluwer Law International
£85.00
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
£116.00
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
£100.00
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
£116.00
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
£123.00
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
£135.00
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
£106.00
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned