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Vol 21 No 9 Sept/Oct 2016

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EU Competition Law: Between Public and Private Enforcement

ISBN13: 9789041146779
Published: December 2013
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £112.00

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Despite several decades’ worth of explicit directives, green papers, white papers, proposals, and communications from the European Commission, the actual enforcement of competition law across the Member States today is rife with shifting patterns that escape a clearly bounded framework.

The underlying cause of this disarray, the authors of this deeply engaged work contend, lies in a host of legal uncertainties scattered around the intersection where private enforcement encounters the mechanisms of decentralized public enforcement – an area where a number of general as well as special questions of EU competition law, even its very goals and principles, rise into prominence.

In this truly authoritative book, eleven well-known European jurists and academics, all experts in competition law, offer in-depth perspectives on these questions and reveal conflicts between EU competition law and enforcement regimes. The subjects on which they focus include the following:-

  • agreements and concerted practices;
  • the effect on trade criterion;
  • the quasi legislative role of the Commission;
  • the need to preserve a central role for the preliminary ruling mechanism;
  • burden and standard of proof issues;
  • the role of experts;
  • the abuse of a dominant position in the form of ‘margin squeeze’;
  • the lack of transparency characterizing the European Competition Network;
  • leniency programmes and the circulation of evidence;
  • calculation of damages and the passing-on defence;
  • peculiarities of antitrust enforcement in the e-communications sector;
  • EU legislative competences in the audiovisual sector;
  • specific features of the pharmaceutical sector; and
  • recent enforcement in the financial services sector.

A cumulative effect of the analysis and commentary emerges: that the issues of transparency and process of law raised in this book are profoundly related to the crisis of legitimation that the European Union is currently facing. For this reason the book will be of great interest not only to practitioners, academics, jurists, and officials in competition law, but to a wider legal community as well.

Competition Law
Foreward. Preface.
Part I General Problems: Goals and Scope of EU Competition Law Bernardo Cortese.
Chapter 1 The Goals of EU Competition Law Pietro Manzini.
Chapter 2 Defining Agreements and Concerted Practices Restricting Competition in EU Competition Law Filippo Amato.
Chapter 3 The Scope of EU and National Competition Law: The Effect on Interstate Trade Criterion in Practice Igor Taccani.
Chapter 4 Piercing the Corporate Veil in EU Competition Law: The Parent Subsidiary Relationship and Antitrust Liability Bernardo Cortese.

Part II The Difficult Relationship between Administrative Authorities and the Judiciary in Antitrust Private Enforcement Bernardo Cortese.
Chapter 5 Antitrust Enforcement After the Entry into Force of Regulation No.
1/2003: The Interplay between the Commission and the NCAs and the Need for an Enhanced Role of National Courts Francesco Munari.
Chapter 6 The Effects on Private Enforcement of the Commission’s and National Competition Authorities’ Decisions: An Italian Perspective Dario Ruggiero.
Chapter 7 Defining the Role of Courts and Administrative Bodies in Private Enforcement in Europe: United in Diversity? Bernardo Cortese.
Part III Private Enforcement and Preliminary Rulings: The Interaction between National Judges and the ECJ Bernardo Cortese.
Chapter 8 Preliminary Rulings and Competition Law: Some Reflections for National Judges Daniele P. Domenicucci.
Chapter 9 The European Court of Justice and the Shaping of Private Enforcement of EU Antitrust Law through Preliminary Rulings Paolo Iannuccelli.
Chapter 10 The Court of Justice ‘Antitrust Enforcement Negative Harmonisation Framework’ and the CDC and Pfleiderer Judgments: ‘Another Brick in the Wall’ Lorenzo F. Pace.
Part IV Damages Actions in Private Antitrust Enforcement Bernardo Cortese.
Chapter 11 Damage Actions in Private Antitrust Enforcement: French Report Alice Pezard.
Chapter 12 Damages Actions in Private Antitrust Enforcement: Greek Report Iannis Symplis.
Chapter 13 Damages Actions in Private Antitrust Enforcement: Irish Report William McKechnie.
Chapter 14 Damages Actions in Private Antitrust Enforcement: Italian Report Gabriella Muscolo .
Part V Competition, Regulation and Liberalization: Sector-Specific Approaches and Their Significance for Private Enforcement Bernardo Cortese.
Chapter 15 Competition Enforcement in the Electronic Communications Sector: The Case of Margin Squeeze Fabio Filpo.
Chapter 16 Promoting Information Pluralism through EU Law: Regulation or Competition Law in the Audiovisual Sector? Roberto Mastroianni.
Chapter 17 Restrictions on Parallel Trade of Pharmaceutical Products and EU Competition Law Francesco Liberatore.
Chapter 18 EU Competition Law and the Financial Services Sector Stefano Nicolin. Annexes

Series: International Competition Law

Directory of EC Case Law on State Aids 2nd ed ISBN 9789041167217
Published June 2016
Kluwer Law International
The Role of Economic Analysis in EU Competition Law: The European School 4th ed ISBN 9789041162458
Published May 2016
Kluwer Law International
Competition and State Aid: An Analysis of the EU Practice 2nd ed ISBN 9789041158185
Published July 2015
Kluwer Law International
Competition Law Enforcement and Compliance across the World: A Comparative Review ISBN 9789041158154
Published December 2014
Kluwer Law International
The Substantive Appraisal of Joint Ventures Under the EU Merger Control Regime ISBN 9789041158161
Published December 2014
Kluwer Law International
EU Competition Law, Regulation and the Internet: The Case of Net Neutrality ISBN 9789041141408
Published November 2014
Kluwer Law International
Standard Essential Patents and Competition Law: A Transatlantic Perspective ISBN 9789041149602
Published September 2014
Kluwer Law International
Competition Law: Comparative Private Enforcement and Collective Redress Across the EU ISBN 9789041145598
Published March 2014
Kluwer Law International
Merger Decisions and the Rules of Procedure of the European Community Courts ISBN 9789041136718
Published December 2011
Kluwer Law International
Antitrust Law in Brazil ISBN 9789041136701
Published December 2011
Kluwer Law International
Does EC Merger Control Discriminate Against Small Companies ? ISBN 9789041132611
Published July 2010
Kluwer Law International
The Reform of EC Competition Law: New Challenges ISBN 9789041126924
Published December 2009
Kluwer Law International
Civil Procedure in EU Competition Cases before the English and Dutch Courts ISBN 9789041131928
Published November 2009
Kluwer Law International
An Institutional Assessment of Antitrust Policy: The Latin American Experience ISBN 9789041124784
Published May 2009
Kluwer Law International
EC State Aid Law: Liber Amicorum in Honour Francisco Santaolalla ISBN 9789041127747
Published October 2008
Kluwer Law International
Competition Problems in Liberalized Telecommunications ISBN 9789041127365
Published June 2008
Kluwer Law International
Liner Shipping and EU Competition Law ISBN 9789041127174
Published May 2008
Kluwer Law International
A Practical Guide to National Competition Rules Across Europe 2nd ed ISBN 9789041126078
Published November 2007
Kluwer Law International
Tying and Bundling as A Leveraging Concern Under EC Competition Law ISBN 9789041125750
Published October 2007
Kluwer Law International
Competition Law and Economics: Advances in Competition Policy and Antitrust Enforcement ISBN 9789041126320
Published September 2007
Kluwer Law International
Directory of EC Case Law on Competition ISBN 9789041126566
Published August 2007
Kluwer Law International
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
Private Enforcement of EC Competition Law
Edited by: Jurgen Basedow
ISBN 9789041126139
Published March 2007
Kluwer Law International
Competition Rules for the 21st Century: Principles from America's Experience 2nd ed ISBN 9789041124777
Published September 2006
Kluwer Law International
A Concise Guide to the EU Anti-Dumping/ Anti-Subsidies Procedures ISBN 9789041124647
Published June 2006
Kluwer Law International
The EC Merger Control Regulation: Rights of Defence ISBN 9789041125538
Published June 2006
Kluwer Law International
Mergers and Acquisitions: The Industrial Organization Perspective ISBN 9789041124517
Published March 2006
Kluwer Law International
Unfair Competition Law. European Union and Member States ISBN 9789041123299
Published February 2006
Kluwer Law International
Economic Analysis of Vertical Agreements: A Self-Assessment ISBN 9789041123282
Published July 2005
Kluwer Law International
US and EC Oligopoly Control ISBN 9789041122964
Published June 2004
Kluwer Law International
Merger Control in Europe: EU Member States and Accession States 4th ed ISBN 9789041120564
Published January 2003
Kluwer Law International
Limits and Control of Competition with a View to International Harmonization
Edited by: Jurgen Basedow
ISBN 9789041119674
Published November 2002
Kluwer Law International
International and Comparative Competition Law and Policies ISBN 9789041116437
Published September 2001
Kluwer Law International
US and EC Oligopoly Control 2nd ed ISBN 9789041125637

Kluwer Law International
Publication Abandoned