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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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Private Antitrust Litigation in the European Union and Japan: A Comparative Perspective

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ISBN13: 9789046605264
Published: February 2013
Publisher: Maklu Publishing
Country of Publication: USA
Format: Hardback
Price: £75.00

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Companies in Europe and Japan are increasingly the target of private antitrust litigation. These lawsuits are being facilitated by favorable case law, legislative changes and a growing awareness of antitrust remedies in all layers of society.

This book analyzes and compares this burgeoning area of litigation in the European Union and Japan. It analyzes the legal framework for these lawsuits and takes stock of the hundreds of cases that have been brought in Japan and the EU in recent years. It also examines the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, it assesses the impact of private litigation on the enforcement of antitrust law and shows how Japan’s experience can be useful for Europe and vice versa in shaping future reforms.

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Competition Law, Comparative Law, Other Jurisdictions , EU Law, Japan
Table of Contents
Table of Cases
Table of Figures and Tables

Part I. Private Antitrust Litigation in Japan
Chapter 1. Historical Background
Chapter 2. Damages Actions
Chapter 3. Injunctions
Chapter 4. Residents’ Lawsuits on the Basis of the Local Autonomy Act
Chapter 5. Other Forms of Private Antitrust Litigation
Chapter 6. Empirical Analysis of Japanese Antitrust Cases

Part II. Private Antitrust Litigation in the European Union
Chapter 7. Historical Background
Chapter 8. Damages Actions
Chapter 9. Injunctions
Chapter 10. Other Forms of Private Antitrust Litigation
Chapter 11. Empirical Analysis of Cases in the EU

Part III. The Future of Private Antitrust Litigation in Japan and the EU
Chapter 12. The Debate About Whether Private Antitrust Litigation Should Be Facilitated
Chapter 13. Moving Forward: Lessons from the Comparative Analysis
Appendix. The Oil Cartel Cases: Summary and Translation