Download or read book The Influence of CJEU Case Law on Development of Private Enforcement Doctrine in the Area of Polish and European Competition Law written by Maciej Gac and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The private enforcement doctrine was in the center of European debate on application of competition law in the course of last decade. Since the Courage judgment, the Court of Justice of the European Union (“CJEU”; “Court”) was trying to strengthen the individuals' protection against anticompetitive behaviors and increase their access to justice. By granting a right to compensation to the victims of antitrust law infringements, the Court has undertaken attempt to modernize the national systems of competition law enforcement. In doing so, the CJEU argued in favor of development of mechanisms intended to give individuals real and effective instruments in the fight for their rights. And while such approach has led to the gradual reform of national solutions in the area of antitrust, the question is: “did it allow to create effective system of competition law enforcement within the EU”? Taking the aforementioned into consideration, the following article will try to determine the role of the Court's case law in development of private enforcement doctrine in Europe. Moreover, by the analysis of recent changes introduced within the area of completion law enforcement, the article will aim to establish how the interpretation of the European law by the Court may lead to increase in the protection of individuals against anticompetitive behaviors, and affect the national practice of antitrust law enforcement. Finally, the article will try to answer if the CJEU still has a role to play in the European debate on private enforcement, and what may be its influence on further development of private enforcement doctrine in Europe.

Download or read book Private Enforcement of European Competition and State Aid Law written by Ferdinand Wollenschläger and published by Kluwer Law International B.V.. This book was released on 2020-01-09 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.

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 The Single Economic Unit Doctrine from public to private enforcement written by Catarina Vieira Peres de Fraipont and published by Leya. This book was released on 2023-06-05 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: PT A presente dissertação centra-se no conceito de empresa no âmbito do direito da concorrência. Em particular, pretende-se responder à questão de saber como transpor este conceito, desenvolvido através de uma longa e labiríntica jurisprudência do Tribunal de Justiça da União Europeia (TJUE) a qual define empresa como qualquer entidade que exerça uma atividade económica, independentemente do seu estatuto jurídico -, do âmbito do public enforcement para o private enforcement. Numa primeira parte, procura-se esmiuçar a jurisprudência do TJUE, para entender a lógica subjacente à mesma e identificar os objetivos que a orientam. Pergunta-se, depois, em que medida esta pode ou deve ser aplicada no domínio das ações de responsabilidade por infrações jusconcorrenciais, as quais se têm tornado cada vez mais populares na sequência da entrada em vigor da Diretiva de Private Enforcement e das normas nacionais que a transpuseram. ENG Competition law has its own specific subjects, identified as undertakings by the Treaty on the Functioning of the European Union. The concept of undertaking has been progressively constructed by the case law of the Court of Justice over the last decades. The Court defines undertakings as economic units, regardless of their legal status. The Court’s disregard of legal personality in favour of economic reality has proved to be rather controversial, especially when used to attribute liability to a legal person other than the one that commits the antitrust infringement on the ground that they belong to the same economic unit or undertaking. The case law on the concept of undertaking was originally developed in the context of public enforcement but, with the increasing popularity of actions for damages for competition law infringements throughout Europe, many questions are emerging about how to transpose the concept to the realm of private enforcement. This book provides a structured analysis of EU case law on the concept of undertaking, as developed in public enforcement, and aims to provide answers to the challenges of applying the concept in actions for damages for competition law infringements.

Download or read book Research Handbook on Private Enforcement of Competition Law in the EU written by Barry J. Rodger and published by Edward Elgar Publishing. This book was released on 2023-02-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues. This Research Handbook brings different perspectives into the dialogue, curating contributions from judges, academics and practitioners. As a whole, the Handbook delivers a deft exploration of strategies to successfully enforce rights across the EU and encompasses discussion and scrutiny of legal instruments, institutional developments, key litigation issues and judicial practice. It delivers contemporary and comparative reflection on developments in practice, including the impact of the Antitrust Damages directive, and the impact of a range of CJEU case-law. Organised into three main sections covering general issues, key aspects relating to private enforcement, and the experience of enforcement in key jurisdictions, this rigorous and engaging Research Handbook will be an invaluable resource for scholars, advanced students and practitioners.

Download or read book Europeanisation of Private Enforcement of Competition Law written by Gentjan Skara and published by Springer Nature. This book was released on 2022-04-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the European integration process (Europeanisation) is pushing the member states and candidate countries toward a greater convergence with the EU’s competition acquis. Through the transposition of the Directive 2014/104/EU, the member states have harmonised substantive and procedural rules, which is beneficial to individuals and enterprises because it provides a minimum protection across all member states. In addition, it is commonly agreed in academia that the prospect of EU membership brings positive domestic changes in the candidate countries. At the moment, Albania is waiting to open negotiations for the chapters of the EU acquis. Firstly, this book addresses the evolution of private enforcement at the European level by examining the objectives, modalities, and actors that contributed to the development of private enforcement. Secondly, it analyses the Directive 2014/104/EU and how the three selected EU member states have transposed the directive into their domestic legal system considering the discretion margin left by Article 288 TFEU and a minimum harmonisation level defined in the directive. Thirdly, it provides a historical overview of private enforcement in Albania and shows how the Albanian Competition Authority has addressed the transposition of the Directive 2014/104/EU.

Download or read book Harmonisation of EU Competition Law Enforcement written by Jurgita Malinauskaite and published by Springer Nature. This book was released on 2019-11-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.

Download or read book The Economic Succession Doctrine in Private Enforcement of EU Competition Law written by Marco Botta and published by . This book was released on 2020 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: The article analyzes the recent judgement of the Court of Justice of the European Union (CJEU) in Skanska Industrial. In its preliminary ruling, the CJEU recognized for the first time the so-called “economic succession doctrine” in damage claims concerning a breach of EU competition rules. In the judgement, the CJEU relied on its well-established case law. From this point of view, the ruling is “nothing extraordinary”. Nevertheless, the judgement represents an important milestone that contributes to the development of damage claims in Europe. The article first discusses the origins of the economic succession doctrine, which derives from the broad concept of “undertaking” developed by the CJEU case law and the so-called “single economic entity” doctrine. Afterwards, the article discusses the Skanska Industrial case, in particular by comparing the opinion of Advocate General (AG) Wahl with the CJEU ruling in the case. The article concludes by discussing the potential consequences of the CJEU ruling in Skanska Industrial on private enforcement of EU competition law, as well as the questions that remain open after the judgement. After Skanska Industrial, it remains unclear how the disclosure of evidence will take place in practice in the context of a damage claim following a corporate re-structuring. Secondly, the limits of the economic succession doctrine remain still unclear: it is unclear when a corporate re-structuring indeed leads to the establishment of a “new” undertaking, free from the antitrust liability acquired by its predecessor. Finally, it is remains unclear whether Skanska Industrial case law could also be extended to other remedies besides damage claims, such as actions requesting a court injunction, compensation for unjust enrichment, declaration that a contract is null and void. The article argues that in the coming years the CJEU will probably be called to clarify Skanska Industrial case law, in order to answer these remaining questions.

Download or read book Competition Law Comparative Private Enforcement and Collective Redress Across the EU written by Barry J. Rodger and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement Context and Project Background /Barry Rodger --Institutions and Mechanisms to Facilitate Private Enforcement /Barry Rodger --The Empirical Data Part 1: Methodology, Case Law, Courts and Processes /Barry Rodger --The Empirical Data Part 2: Provisions Relied Upon, Remedies and Success /Barry Rodger --Collective Redress Mechanisms and Consumer Case Law /Barry Rodger --Comparing Economic Incentives across EU Member States /Morten Hviid & John Peysner --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 --Fast, Effective and Low Cost Redress: How Do Public and Private Enforcement and ADR Compare? /Christopher Hodge --Concluding Remarks /Barry Rodger.

Download or read book The Enforcement of EU Competition Rules by Civil Law written by Nina Bucan Gutta and published by Maklu. This book was released on 2014-11-04 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private enforcement of competition law, in particular through damages actions, is recently one of the highly debated topics in European competition law. Arguments for private enforcement are based on the EU principle of effectiveness, while existing national substantive and procedural regimes applicable to damages may be ill-suited for the effective enforcement of EU competition law. However, the risk that the introduction of enforcement-oriented measures into national law is incompatible with private (civil) law is often underestimated or neglected. This book aims to reconcile both EU enforcement and private law perspectives through a detailed study of the English and Slovenian private law systems. Research on the compatibility of EU competitionenforcement- oriented measures with the private law regimes in England and Slovenia is used to argue that some changes to private law (based on proposals for effective enforcement) go too far and risk undermining the integrity of the Legal systems. This book already takes into account the 2014 Directive on antitrust damages actions.

Download or read book The Transformation of Enforcement written by Hans-W Micklitz and published by Bloomsbury Publishing. This book was released on 2016-04-07 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law. Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.

Download or read book Public and Private Enforcement of Competition Law in Europe written by Kai Hüschelrath and published by . This book was released on 2014 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book EU Competition and State Aid Rules written by Vesna Tomljenović and published by Springer. This book was released on 2019-06-04 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book scrutinizes legislative novelties and case law in the area of EU competition and state aid rules, focusing on the interaction between public and private enforcement of those rules. It is intended for scholars, stakeholders and anyone involved in the process of law enforcement – judges, attorneys at law, corporate lawyers and market participants. The book features contributions by prominent competition law scholars offering an academic analysis of the topics covered, and by several EU General Court judges, including its President, Mr. Marc Jaeger, providing first-hand information on the application of the EU competition rules in the General Court.

Download or read book Private Enforcement of EU and National Competition Law written by Ignacio Sancho Gargallo and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic ordinary courts within the EU Member States are empowered to hear cases concerning damages actions arisen from the infringement of articles 81 and 82 ECT. This article analyzes the evolution of the rules governing this topic and emphasizes civil actions in Competition law, judicial powers, procedural rules and the impact of the EU law and institutions, as well as their cooperation with the national ones.

Download or read book EU Competition Law written by Bernardo Cortese and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, 11 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.

Download or read book Private Enforcement of Competition Law Diversified Effects of Haphazard Harmonisation written by Malgorzata Kozak and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter aims to assess the tensions between diversity of national procedural and tort systems of Member States and attempts by EU institutions, especially the CJEU, to maintain the effectiveness of Articles 101 and 102 TFEU through a private enforcement of EU competition law. While analysing the evolution of private enforcement of competition law within the EU, is the fact that in spite of ground-breaking instruments such as the Directive, the current legal framework is still far from being complete and successful. At first, the chapter analyses the objectives of the Directive and of the private enforcement, then discusses the process of adoption of the Directive. Subsequently, it deals with the character and the scope of the Directive, and then its implementation process. Finally, it analyses the areas that are generally harmonized in the Directive, but their detailed scope remains implicit and the non-harmonised areas left beyond the scope of the Directive and the role of the CJEU. At the end, critical conclusions are withdrawn.

Download or read book Soft Law and the Private Enforcement of the EU Competition Rules written by Albert Sanchez-Graells and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of soft law instruments is pervasive in the field of EU competition policy. This poses significant legal challenges derived from the progressive 'hardening' of these regulatory tools by the European Courts as a result of the application of the general principles of EU law. The preponderance of soft law instruments might even have expanded after the modernisation and decentralisation of the enforcement of EU competition rules, giving rise to yet more complicated legal puzzles. One of them is the impact that soft law can have on undertakings as a result of its enforcement (or lack of) by national courts of the Member States in the framework of private actions. This paper stresses that soft law instruments have asymmetrical legal effects when they are enforced by the Commission and by national courts. Hence, they create a significant risk for the consistency in the interpretation and enforcement of EU competition law that seems to claim for a revision of current rules before further promoting private actions.