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Competition Damages Actions in the EU: Law and Practice [Kõva köide]

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  • Formaat: Hardback, 320 pages, kõrgus x laius: 244x169 mm
  • Sari: Elgar Competition Law and Practice series
  • Ilmumisaeg: 27-Dec-2013
  • Kirjastus: Edward Elgar Publishing Ltd
  • ISBN-10: 178254075X
  • ISBN-13: 9781782540755
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Competition Damages Actions in the EU: Law and PracticeSuurem pilt
  • Formaat: Hardback, 320 pages, kõrgus x laius: 244x169 mm
  • Sari: Elgar Competition Law and Practice series
  • Ilmumisaeg: 27-Dec-2013
  • Kirjastus: Edward Elgar Publishing Ltd
  • ISBN-10: 178254075X
  • ISBN-13: 9781782540755
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9781782540755.html
Märksõnad:
Key features of this innovative book include:











First major substantive volume looking at actions for damages under EU competition law since the Commission's proposal Examination of the difficulties inherent in competition law litigation Investigation into the concept of collective action as a controversial phenomenon Thorough treatment of the key substantive issues Comprehensive yet accessible text from an experiential viewpoint Key section on the quantification of damages in the context of competition law infringements, written by specialist economists Frank Maier-Rigaud and Ulrich Schwalbe.







Competition Damages Actions in the EU offers a clear and concise analysis of the latest case law, legislation and policy documentation in the field of damages actions for breach of EU competition law. Highly topical, the authors explore the problems of indirect purchaser standing and passing-on, evidentiary issues such as access to documents, and questions of jurisdiction and applicable law in claims based on an infringement of EU competition law.

A rich and detailed synthesis of EU and Member State law relating to antitrust damages actions and developments pertaining thereto, this thorough exposition will be an invaluable resource for practitioners at all levels - from lawyers in private practice, to judges in the Member States and competition enforcement officials. Being the first to offer a detailed analysis of damages in the context of the new proposals, this book will also appeal to students and scholars of EU law in general, including EU competition law.

Arvustused

'Competition infringement-related damages actions remain a hot and topical theme in Europe. Ashton and Henry have seized the questions relating to it in a timely way, right after the European Commission published several documents that touch upon the issue, including a proposal for a directive dealing with damages cases relating to infringements or EU competition law (June 2013). As a result, Competition Damages Actions in the EU, law and Practice is a genuine contribution to the literature on private enforcement of competition law. Particularly welcome are discussions on the latest developments as well as on practical aspects of damages claims.' -- LL.D. Katri Havu, Global Competition Litigation Review 'The economic estimation of antitrust damages is currently an important topic of policy debate in the European Union. Anyone interested in this debate will want to read the detailed analysis of that topic in this book.' -- Dennis Carlton, University of Chicago, US 'This is an incredibly timely and ground-breaking work on the subject of competition law damages. It is, to my knowledge, the first book to look at the embryonic framework for damages actions at an EU level in an integrated manner. A great benefit of the work is that it looks at these issues not only in terms of EU policy but also, and critically, at how the EU framework would be applied in national legal systems. In particular, looking at issues of choice of law and forum and the concrete approach to quantification of damages, including its economic aspects, is of considerable practical importance and value.'BR>- Robert O'Donoghue, Brick Court Chambers, London, UK 'This book is essential reading for anybody facing the legal as well as the economic challenges of private enforcement in Europe. A true go-to-resource which addresses practitioners' needs in a very clear and concise way.' -- Alexander Birnstiel, Co-Head of Regulatory and Governmental Affairs, Noerr LLP, Munich/Brussels

Foreword xi
Emil Paulis
Acknowledgements xii
Table of Cases xiii
European Court of Human Rights
xiii
European Union
xiii
Member States
xv
United States
xix
Table of Legislation and Policy Documents xxiii
International Treaties
xxiii
Council of Europe
xxiii
European Union
xxiii
Member States
xxix
United States
xxxii
Introduction 1(7)
I Competition Enforcement In The EU
II The Commission's Private Enforcement Initiative
1 The Legal Framework 8(8)
I The Case Law Of The ECJ On Remedies
II The Move From Rights To Remedies
A Fixing the boundaries between remedial rules and procedural rules sensu stricto
III Application To Damages Actions For Breach Of EU Competition Law
2 The Underlying Right To Damages 16(20)
I The Establishment Of The Right To Damages As A Matter Of EU Law: Courage V Crehan
A The proceedings in the English courts
B The reference to the ECJ
C Further developments: the Manfredi judgment
II National Law: Legal Bases For Damages Actions For Breach Of EU Competition Law
A Common law
1 England and Wales
2 Ireland
B Civil law
1 Germanic systems of law
a Denmark
b Germany
c Greece
d Latvia
e Lithuania
f The Netherlands
2 Romanistic systems of law
a Belgium
b France
c Italy
d Spain
C The tortious nature of litigation for breach of EU competition law
D The national law analysis: the fault requirement
3 Indirect Purchaser Standing And Passing-On 36(33)
I The Theoretical Underpinnings Of Indirect Purchaser Standing And Passing-On
A Indirect purchaser standing
B The passing-on defence
II EU Law
A Indirect purchaser standing
1 The Commission's position on indirect purchaser standing
B The passing-on defence
1 The passing-on defence and unjust enrichment
2 The burden of proof to establish passing-on
3 Partial passing-on
4 The Commission's position on the passing-on defence
III National Law
A England and Wales
B Germany
C France
D Italy
IV Indirect Purchaser Standing And Passing-On In The US
A Antitrust injury
B The passing-on defence under US law
C Indirect purchaser standing: the rule in Illinois Brick
1 Exceptions to the rule in Illinois Brick
2 The efficiency of the rule in Illinois Brick
4 Proving The Infringement 69(33)
I Private Litigants' Access To Probative Documents In EU Cartel Damages Actions
A Access to documents held by the Commission
B Access to documents held by a national competition authority
C Access to documents held by the defendant: the National Grid proceedings before the English courts
1 Legitimate expectations
2 Proportionality
3 Documents ordered to be disclosed to National Grid
4 Further developments: the French blocking statute
D Access to documents held by a third party
E The Commission's proposals on evidence
F The Commission's attempts to limit discoverability in US courts
II The Evidential Value Of Prior Administrative Decisions
A Commission decisions: Article 16 of Regulation 1/2003
1 The judgment of the English Court of Appeal in Crehan
B Commission decisions: Article 9 of Regulation 1/2003
C NCA decisions
1 United Kingdom
2 Germany
3 Romanistic jurisdictions
5 Further Substantive And Procedural Issues 102(24)
I Causation
II Measure Of Damages
A Types of damage recoverable
B Presumption of harm
1 EU law
2 National law
C Exemplary damages
1 EU law
2 English law
III Limitation Periods
A EU law
B National law
1 United Kingdom
2 Germany
IV Procedures For Recourse To The Expertise Of Public Authorities By The National Courts
A EU law: consultation of the Commission
B National law: consultation of the NCA
1 United Kingdom
2 Germany
3 France
4 Other jurisdictions
V Joint And Several Liability
6 Collective Action 126(45)
I Introduction
A The rationale for collective action
B Terminology
C Opt-in and opt-out collective action
D Assignment of claims
II Collective Action At EU Level
A Collective action as a matter of EU law
B EU policy developments
1 The Green Paper
2 The White Paper
3 The draft Directive
4 The Commission's joint information note
5 The Commission's 2011 consultation paper
6 The Commission's proposal and 2013 collective redress initiative
III Collective Action In The Member States
A United Kingdom
1 Representative actions
2 GLOB
3 s47B of the Competition Act
4 Further policy developments
a 2006 DTI consultation
b 2007 OFT recommendations
c 2012 BIS consultation
d 2013 BIS response
B The Netherlands
1 Article 3:305a Burgerlijk Wetboek
2 Bundled claims
3 Wet Collectieve Afhandeling Massaschade, 2005
C Denmark
D Sweden
E France
F Italy
G Assignment of claims
IV Class Actions In The United States
A Rule 23 of the Federal Rules of Civil Procedure
B The Class Action Fairness Act of 2005
7 Private International Law Aspects 171(39)
I Choice Of Court
A The governing law: Regulation 44/2001
B Variety of choices of court
C The application of Regulation 44/2001 to parties domiciled outside the EU
D General jurisdiction: Article 2(1)
E Special jurisdiction: Article 5(3) and Article 6(1)
F Founding jurisdiction in tortious actions: Article 5(3)
1 The application of the Bier/Shevill jurisprudence to competition-based litigation
2 Article 5(3) as a basis for torpedo litigation
G Consolidation of claims: Article 6(1)
1 The English authorities on Article 6(1)
a Interpretation of the EU law concept of 'undertaking'
b Causation
2 The application of Article 6(1) by the Dutch courts
H Lis pendens
1 Lis pendens I: Article 27
2 Lis pendens II: Article 28
a Irreconcilability for the purposes of Article 28(3)
b Connected but not identical actions
c The English authorities on Article 28
d Article 28 and the Commission proposal
3 The application of lis pendens to parties domiciled outside the EU
I The review of Regulation 44/2001
1 Lis pendens
2 Litigation involving parties domiciled outside the EU
II Applicable Law
A The Rome II Regulation and the lex foriapproach
1 The general rule: Article 4
2 Competition-based litigation: Article 6(3)
a Functioning of Article 6(3)(b)
b US law
3 The desirability of the lex fori approach
B Alternative solutions: the effects-based approach
1 Article 6(3)(a) of the Rome II Regulation
2 Problems with the effects-based approach: Mosaikbetrachtung
3 Mosaikbetrachtung as a concurrent matter of jurisdiction and applicable law
8 Quantification Of Antitrust Damages 210(49)
Frank Maier-Rigaud
Ulrich Schwalbe
I Introduction
II Damage Caused By Cartels And Abusive Conduct
A Damage caused by cartels
1 Types of damage caused by cartels
2 Economic actors damaged by cartels
a Upstream effects
b Downstream effects
c Effects on producers of complements
d Summary of effects analysis
3 Illustration
B Damage caused by abusive conduct
1 Types of damage caused by exploitative and exclusionary conduct
2 Economic actors damaged by exploitative and exclusionary conduct
III Quantification Of Damages
A Quantification of damages in cartel cases
1 Time series analysis
2 Cross-sectional analysis
3 Difference-in-differences method
4 Simulated comparator markets
5 Cost-based and profitability-based approaches
B Damage quantification in abusive conduct cases
1 Damage caused by abusive behaviour and the counterfactual scenario
a Exploitative abuse
b Exclusionary abuse
2 Illustration: quantification of damages in case of an exclusionary abuse
a Phase one
b Phase two
c Phase three
C Further aspects of damages quantification
1 Compounding and discounting damages
2 Estimation of after-effects
3 Accuracy of statistical methods
4 Remoteness and causality
IV Conclusions
Bibliography 259(4)
Index 263
David Ashton, Secretariat of the Committee on the Internal Market and Consumer Protection, European Parliament, Brussels and David Henry, McDermott Will & Emery, Brussels. With Frank Maier-Rigaud, IESEG (LEM-CNRS), Paris, France and NERA Economic Consulting, Brussels/Berlin and Ulrich Schwalbe, University of Heidelberg, Germany