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EU Competition Litigation: Transposition and First Experiences of the New Regime

Edited by: Magnus Strand, Vladimir Bastidas, Marios C. Iacovides

ISBN13: 9781509922017
Published: May 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00
Paperback edition , ISBN13 9781509946068



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All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The directive (and the soft-law instruments accompanying it) does not only mark a new phase for private enforcement of competition law but also, more generally, a novel and thought-provoking instance of EU harmonization of aspects of private law and civil litigation.

Following up on a previous Hart volume in the Swedish Studies in European Law series, published in 2016, this book offers contributions from top practitioners and scholars from all over Europe who present and discuss first experiences from the implementation of the new damages regime in various jurisdictions.

Topics covered include theoretical and practical reflections on the state of private enforcement in Europe, the balancing of conflicting interests pertaining to public and private enforcement of competition law respectively, and specific legal issues such as causation and the estimation of harm. The authors explore problems solved, problems created, and future challenges in the new regime of private enforcement of competition law in Europe, offering predictions as to issues that may have to be settled through recourse to the European Court of Justice.

Subjects:
Competition Law
Contents:
PART I
ROLLING OUT THE NEW PRIVATE ENFORCEMENT REGIME
1. EU Competences and the Damages Directive: The Continuum Between Minimum and Full Harmonisation Max Hjärtström and Julian Nowag
2. The State of Private Enforcement of Competition Law: A Practitioner’s Perspective
Ulrich Classen and Martin Seegers
3. Managing Transposition and Avoiding Fragmentation: The Example of Limitation Periods and Interest
Magnus Strand
4. A First Look at the Portuguese Act 23/2018 Transposing the Private Enforcement Directive
Sofia Oliveira Pais

PART II
BALANCING PUBLIC AND PRIVATE ENFORCEMENT
5. Private Enforcement of Public Law – An Inconsistent Approach to Remedies?
Lars Henriksson
6. The Binding Effects of Decisions and Judgments under EU Competition Law
Torbjörn Andersson
7. Facilitating Follow-on Actions? Public and Private Enforcement of EU Competition Law After Directive 2014/104
Katharina Voss
8. The Practical and Legal Effects of National Decisions in Subsequent Damages Actions
Per Karlsson
9. The Quest for Evidence – Still an Uphill Battle for Cartel Victims?
Helene Andersson

PART III
SOLVED AND UNSOLVED ISSUES IN PRIVATE ENFORCEMENT
10. Damages Actions in Article 102 TFEU Cases: The New Frontier for Private Enforcement
Assimakis P Komninos
11. Implementing the Rules of the Damages Directive on Joint and Several Liability: The SME Derogation
Anna Piszcz
12. Causation and Damage: What the Directive Does Not Solve and Remarks on Relevant EU Law
Katri Havu
13. The Presumption of Harm and its Implementation in the Member States’ Legal Orders
Pieter Van Cleynenbreugel
14. Article 17(3) of the Damages Directive and the Interaction Between the Swedish Competition Authority and Swedish Courts
Marios C Iacovides

Series: Swedish Studies in European Law

£39.99
Environmental Rights in Europe and Beyond ISBN 9781509943777
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Swedish Perspectives on Private Law Europeanisation ISBN 9781509929757
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Environmental Rights in Europe and Beyond ISBN 9781509911110
Published August 2018
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Human Rights in Contemporary European Law Volume 6 ISBN 9781509913848
Published March 2017
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Swedish Perspectives on Private Law Europeanisation ISBN 9781849466974
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Swedish Perspectives on Private Law Europeanisation (eBook) ISBN 9781509900961
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£22.50
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Human Rights in Contemporary European Law Volume 6 ISBN 9781849464833
Published December 2014
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Human Rights in Contemporary European Law Volume 6 (eBook) ISBN 9781782253181
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£26.09
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European Police and Criminal Law Co-operation ISBN 9781849463508
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European Police and Criminal Law Co-operation (eBook) ISBN 9781782251491
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Labour Law, Fundamental Rights and Social Europe
Edited by: Mia Ronnmar
ISBN 9781849462105
Published September 2011
Hart Publishing
£80.00
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