Author : Maria Ioannidou
Publisher : Oxford University Press, USA
Page : 289 pages
File Size : 44,80 MB
Release : 2015
Category : Law
ISBN : 0198726430
This book is a timely and comprehensive examination of consumer participation in EU competition law enforcement. Using in-depth analysis of recent case law and policy documents, it offers a clear and innovative framework of the subject's normative and practical aspects, and proposes necessary remedial and procedural rules to enable participation.
Author : Ferdinand Wollenschläger
Publisher : Kluwer Law International B.V.
Page : 421 pages
File Size : 21,42 MB
Release : 2020-01-09
Category : Law
ISBN : 940350210X
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.
Author : Maria Ioannidou
Publisher : OUP Oxford
Page : 289 pages
File Size : 38,87 MB
Release : 2015-09-03
Category : Law
ISBN : 0191039888
Despite the growing importance of 'consumer welfare' in EU competition law debates, there remains a significant disconnect between rhetoric and reality, as consumers and their interests still play only an ancillary role in this area of law. Consumer Involvement in Private EU Competition Law Enforcement is the first monograph to exclusively address this highly topical and much debated subject, providing a timely and wide-ranging examination of the need for more active consumer participation in competition law. Written by an expert in the field, it sets out a comprehensive framework of policy implications and arguments for greater involvement, positioning the debate in the context of a broader EU law perspective. It outlines pragmatic approaches to remedial and procedural measures that would enable consumer empowerment. Finally, the book identifies key institutional and political obstacles to the adoption of effective measures, and suggests alternative routes to enhance the role of consumers in private competition law enforcement. The book's innovative approach, combining normative analysis and practical solutions, make it invaluable for academics, policy-makers, and practitioners in the field.
Author : Damien Gerard
Publisher : Kluwer Law International B.V.
Page : 347 pages
File Size : 13,73 MB
Release : 2020-07-10
Category : Law
ISBN : 9403522445
By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.
Author : Pier Luigi Parcu
Publisher : Edward Elgar Publishing
Page : 247 pages
File Size : 40,39 MB
Release : 2018-09-28
Category : Law
ISBN : 178643881X
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.
Author : Folkert Wilman
Publisher : Edward Elgar Publishing
Page : 657 pages
File Size : 26,13 MB
Release : 2015-09-25
Category : Law
ISBN : 1784718491
Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.
Author : Alison Jones
Publisher : Oxford University Press
Page : 1373 pages
File Size : 37,64 MB
Release : 2016
Category : Law
ISBN : 0198723423
The essential guide to EU competition law for students in one volume; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from two leading experts in the field. In this fast-paced subject area, Alison Jones and Brenda Sufrin carefully highlight the most important cases, legislation, and developments to allow students to navigate the breadth of legislation and case law. With their clear explanations and commentary, the authors provide invaluable support to students as they approach this complex and highly technical area of law. Extracts provide opportunities for students to understand the law in practice, and to see its relevance to business. Indispensable for undergraduate and postgraduate students alike, this is the standalone guide to the competition law of the EU. The text is accompanied by an Online Resource Centre containing: -An additional chapter on State Aid -An interactive map and timeline of the EU -Web links -Updates in the law
Author : Madeleine de Cock Buning
Publisher : Bloomsbury Publishing
Page : 600 pages
File Size : 30,45 MB
Release : 2020-06-25
Category : Law
ISBN : 1509919546
Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens' expectations or whether more should be done as to the safeguarding of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies.
Author : Katalin Judit Cseres
Publisher : Kluwer Law International B.V.
Page : 466 pages
File Size : 42,74 MB
Release : 2005-01-01
Category : Law
ISBN : 9041123806
The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.
Author : Parcu, Pier L.
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 34,34 MB
Release : 2021-12-10
Category : Law
ISBN : 1800370199
This insightful book assesses emerging trends in the role of economic analysis in EU competition policy, exploring how it has substantially increased in terms of both theories and methods.
