Download or read book Private Antitrust Litigation in the European Union and Japan written by Simon Vande Walle and published by Maklu. This book was released on 2013 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 examines the legal framework for these actions and takes stock of the hundreds of actions for damages and injunctive relief that have been brought in Japan and the EU. It also looks at the novel contexts in which private litigants are invoking antitrust violations, such as in derivative suits and in actions to challenge arbitral awards. Finally, the book 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.
Download or read book Private Antitrust Litigation in the European Union and Japan A Comparative Perspective written by Simon Vande Walle and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document contains excerpts from the book Private Antitrust Litigation in the European Union and Japan - A Comparative Perspective (Maklu Publishers, February 2013). The book contains the following chapters:IntroductionPart I - Private Antitrust Litigation in Japan Chapter 1: Historical BackgroundChapter 2: Damages ActionsChapter 3: InjunctionsChapter 4: Residents' Lawsuits on the Basis of the Local Autonomy ActChapter 5: Other Forms of Private Antitrust Litigation (covering voidness, unjust enrichment claims, annulment of arbitral awards and derivative actions)Chapter 6: Empirical Analysis of Japanese Antitrust CasesPart II - Private Antitrust Litigation in the European Union Chapter 7: Historical BackgroundChapter 8: Damages ActionsChapter 9: InjunctionsChapter 10: Other Forms of Private Antitrust Litigation (covering voidness, unjust enrichment claims, annulment of arbitral awards and derivative actions)Chapter 11: Empirical Analysis of Cases in the EUPart III - The Future of Private Antitrust Litigation in Japan and the EUChapter 12: The Debate About Whether Private Antitrust Litigation Should Be FacilitatedChapter 13: Moving Forward: Lessons from the Comparative Analysis.
Download or read book Private Antitrust Litigation in EU written by Clifford Jones and published by . This book was released on 2016-05-20 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when there is considerable development of antitrust litigation in the European Union, and the legal framework is constantly evolving, this book provides a comprehensive exploration of the legal basis for private antitrust enforcement, drawing comparisons within the European Union(EU) and between EU law and United States (US) law.In light of the important recent evolution in this area of law, this is a timely and significantly revised new edition of an authoritative text. It offers a detailed comparative analysis of jurisdictions across the EU and their treatment of private antitrust enforcement, and positions the privateenforcement of European Union (EU) competition law in the broader context of effectiveness of Union law. It also offers a full and clear introduction to all the key issues of law and practice that arise in private antitrust litigation in the US, and dispels many European misconceptions of USenforcement procedure, while emphasising the lessons that can be drawn from the American system.Topics covered include foundations of private enforcement, remedy principles and competition rules, prudential limits on private actions, enforcement pluralism in the European Union system, limits on permissible private plaintiffs, and calculation of damages. The book's theoretical approach issupplemented by a practical consideration of available procedures and remedies.
Download or read book What Keeps Plaintiffs Away from the Court An Analysis of Antitrust Litigation in Japan Europe and the US written by Simon Vande Walle and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper challenges the classical view on the role of litigation in Japan by examining a particular type of litigation, namely private antitrust litigation. It shows that the widely held idea that antitrust litigation in Japan is rare only holds when compared to the US, not Europe. The comparison with Europe also casts doubt on the idea that a cultural aversion to litigation explains why so few antitrust lawsuits are filed in Japan and Europe. Instead, the institutional framework and the awareness and support for antitrust law are much more important. These are malleable factors, suggesting that antitrust litigation can boom in Japan and Europe, regardless of any cultural resistance.
Download or read book Comparative Competition Law written by John Duns and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.
Download or read book International Antitrust Litigation written by Jurgen Basedow and published by Bloomsbury Publishing. This book was released on 2012-02-03 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.
Download or read book Private Enforcement of Antitrust written by Arianna Andreangeli and published by Edward Elgar Publishing. This book was released on 2014-07-31 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enhancing private litigation as a means of boosting the detection of anti-competitive behaviour and of remedying the harmful consequences of these practices on consumers has been at the forefront of the EU Commission agenda for a long time. Starting fr
Download or read book Antitrust in the Global Trading System written by Peter Morici and published by . This book was released on 2000 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Effects of the New Surcharge Provision on the Private Antitrust Litigation in Japan written by George Teitel and published by . This book was released on 1978 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Collective Redress for Antitrust Damages in the European Union written by Damien Geradin and published by . This book was released on 2015 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private antitrust litigation is now a reality in the EU and the implementation of the 2014 Directive on actions for damages from competition law infringements will further stimulate such litigation. In 2013, the Commission also adopted a Recommendation on Collective Redress, which takes the form of a horizontal framework whose principles are set to apply to claims regarding rights granted under EU law in a variety of areas, including competition law. The Recommendation takes a conservative approach to collective redress, largely due to the fear that Member States may adopt mechanisms triggering unmeritorious litigation. Many in the EU consider that the US class actions regime has led to excessive litigation by entrepreneurial lawyers that, in the end, produce limited benefits to victims while creating significant costs to society. This view is, however, questionable since district courts, which are called to certify class actions, have in recent years exercised a more rigorous analysis of the claims presented to them. In addition, by opting for an “opt in” regime and the “loser pays” principle, while not authorizing contingency fees and punitive damages, the Recommendation may have made it harder for victims with small claims (i.e., individual consumers that have been overcharged for the goods they purchase) to obtain compensation for the harm suffered.
Download or read book Passing on standing Matrix in Private Antitrust Enforcement written by Tomáš Dumbrovský and published by . This book was released on 2013 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Which Judge to Adjudicate International Private Antitrust Claims written by Vincent Ville and published by . This book was released on 2017 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Changing Role of Law in Japan written by Dimitri Vanoverbeke and published by Edward Elgar Publishing. This book was released on 2014-06-27 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti
Download or read book Private Enforcement of EU Competition Law written by Pier Luigi Parcu and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past decade, private enforcement of competition law has slowly taken off in Europe. However, major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive aimed to establish a level playing field among EU Member States. This timely book represents the first assessment of the implementation of the Damages Directive. Offering a comparative perspective, key chapters provide an up-to-date account of the emerging trends in private enforcement of competition law in Europe.
Download or read book Collective Redress and EU Competition Law written by Eda Şahin and published by Routledge. This book was released on 2018-12-07 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.
Download or read book Antitrust Enforcement Guidelines for International Operations written by United States. Department of Justice and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Confucian Culture and Competition Law in East Asia written by Jingyuan Ma and published by Cambridge University Press. This book was released on 2022-09-08 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted variants of Confucian culture. This timely volume analyses cultural factors in mainland China, Japan and Korea, focusing on their shared but diversely evolved Confucian heritage. These factors distinguish the competition law systems of these countries from those of major western jurisdictions, in terms of the goals served by the law, the way enforcement is structured, and the way subjects of the law respond to it. Concepts from cultural studies inform a new and eclectic perspective on these dynamics, with the authors also drawing on ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, and institutional economics. The volume presents a model for cultural analysis of comparative legal topics and contributes to a greater understanding of the challenges to deeper convergence of competition laws between East and West.
