Competition Damages Actions In The Eu

In this revised and much expanded second edition David Ashton provides a comprehensive review of the EU damages directive (Directive 2014/104/EU) and its implementation, bringing the book up to date with the latest advances in EU Competition Law damages actions. This edition also features insights from practising lawyers on national developments in over 10 countries across Europe and an updated, separately authored, chapter on the quantification of loss. This book will provide practising lawyers and scholars alike with a clear, well-structured and updated guide to EU Competition Law Damages.

Competition Damages Actions in the EU and the UK is the clearest and most coherent reference point on damages actions for breach of EU competition law.

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.

This cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim’s right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system.

International Competition Law Series [ICLS], Volume 89 Designed to deter anticompetitive conduct and to ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. This first book of its kind offers a comparative overview, practical and authoritative, of the implementation and application of private enforcement rules in each EU Member State as well as in the post-Brexit United Kingdom, covering legislation and case law to date. For leading jurisdictions where practice is already well developed, there are more detailed chapters, with perspectives of judges, competition authorities, practitioners, and economists. The contributors – all experts in the use of EU competition law in their respective jurisdictions – cover the provisions of the Directive in detail, including the following: requirement of full compensation; rules preventing overcompensation; court’s power to estimate damages that cannot be precisely quantified; joint and several liability for infringing undertakings; coordination between public and private enforcement; provisions related to passing-on; certain rules on admissibility of evidence; rules on limitation periods; and consensual dispute resolution. In its detailed explanations of shared best practices and its highlighting of opportunities for convergence, the book provides much-needed insight into judicial practice and thinking, the economic approaches and strategies relevant to damages, and the coordination between public and private enforcement. These expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their own jurisdictions, as well as into the problems that have arisen or might arise in the future.

‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this authoritative book Magnus Strand provides the first comprehensive examination of passing-on in EU law damages and restitution. The analysis covers a broad range of contexts including competition damages and the repayment of charges.

‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.

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.