EU competition litigation : transposition and first experiences of the new regime / edited by Magnus Strand, Vladimir Bastidas Venegas, Marios C Iacovides.

Format:

Book

Conference/Event

Contributor:

Strand, Magnus, editor.

Bastidas Venegas, Vladimir, 1974- editor.

Iacovides, Marios C., editor.

Swedish Network for European Legal Studies, sponsoring body.

Conference Name:

EU Competition Law and the New Private Enforcement Regime: First Experiences from Its Implementation (Conference) (2017 : Uppsala universitet)

Series:

Swedish Studies in European Law

Language:

English

Subjects (All):

European Parliament. Antitrust damages directive--Congresses.

European Parliament.

Antitrust law--European Union countries--Congresses.

Antitrust law.

Physical Description:

1 online resource (xxviii, 241 pages)

Edition:

1st ed.

Place of Publication:

Oxford, England : Hart, [2019]

Summary:

"All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The directive (and the soft-law instruments accompanying it) does not only mark a new phase for private enforcement of competition law but also, more generally, a novel and thought-provoking instance of EU harmonization of aspects of private law and civil litigation. Following up on a previous Hart volume in the Swedish Studies in European Law series, published in 2016, this book offers contributions from top practitioners and scholars from all over Europe who present and discuss first experiences from the implementation of the new damages regime in various jurisdictions. Topics covered include theoretical and practical reflections on the state of private enforcement in Europe, the balancing of conflicting interests pertaining to public and private enforcement of competition law respectively, and specific legal issues such as causation and the estimation of harm. The authors explore problems solved, problems created, and future challenges in the new regime of private enforcement of competition law in Europe, offering predictions as to issues that may have to be settled through recourse to the European Court of Justice"-- Provided by publisher.

Contents:

Intro

Foreword

Editorial Preface

Table of Contents

Table of Cases

Table of Legislation

PART I: ROLLING OUT THE NEW PRIVATE ENFORCEMENT REGIME

1. EU Competences and the Damages Directive: The Continuum Between Minimum and Full Harmonisation

I. Introduction

II. The Directive as Minimum Harmonisation of the Right to Damages

III. The Member States' Competence Continuum

IV. Conclusions and Outlook

2. The State of Private Enforcement of Competition Law: A Practitioner's Perspective

II. Damage Quantification and Interest

III. Passing-on Defence and Indirect Purchasers

IV. The Disclosure of Evidence Inter Partes

V. Access to Information from Competition Authorities

VI. Joint and Several Liability and Choice of Defendants

VII. Jurisdiction and Applicable Law

VIII. Considerations on the Choice of Forum

IX. Litigation Funding and Claims Bundling

X. Conclusion

3. Managing Transposition and Avoiding Fragmentation: The Example of Limitation Periods and Interest

I. Limitation Periods and Interest in Competition Damages

II. Directive 2014/104 on Limitation Periods and Interest

III. Transposing the Relevant Passages into Swedish Law

IV. The Practical Consequences of the Transposition

V. Discussions and Conclusions

4. A First Look at the Portuguese Act 23/2018 Transposing the Private Enforcement Directive

I. The Transposition Procedure of the Private Enforcement Directive

II. The Scope of the Portuguese Act

III. Exclusive Competence of the Specialised Portuguese Court for Competition Regulation and Supervision

IV. Substantive Solutions

V. Amendments beyond the Implementation of the Directive: Collective Redress

VI. Conclusion

PART II: BALANCING PUBLIC AND PRIVATE ENFORCEMENT.

5. Private Enforcement of Public Law - An Inconsistent Approach to Remedies?

I. Private Enforcement in General

II. Behavioural Remedies in Swedish Competition Law

III. Subsidiary Claims in Swedish Law

IV. The Effects of the Subsidiary Right to Litigate

V. Concluding Remarks

6. The Binding Effects of Decisions and Judgments under EU Competition Law

II. Court Judgments in Subsequent Domestic Court Proceedings

III. Court Judgments in Cross-border Situations

IV. Judgments in Subsequent Administrative Proceedings

V. CA Decisions in Subsequent Administrative Proceedings

VI. CA Decisions in Subsequent Proceedings before Domestic Courts

VII. CA Decisions before Courts in Cross-border Situations

VIII. Commission Decisions in Subsequent Proceedings before Courts

IX. Commission Decisions in Subsequent Proceedings before CA

X. Concluding Remarks

7. Facilitating Follow-on Actions? Public and Private Enforcement of EU Competition Law After Directive 2014/104

II. The Tasks of Public and Private Enforcement

III. Encouraging Private Action by Public Action

IV. Damages as Part of Public Enforcement

V. Concluding Discussion

8. The Practical and Legal Effects of National Decisions in Subsequent Damages Actions

I. Article 9 of the Directive

II. The Transposition of Article 9 in Swedish Law

III. Analysis of Article 9: A Swedish Example of Inconsistencies

IV. Conclusions

9. The Quest for Evidence - Still an Uphill Battle for Cartel Victims?

II. Taking the Risk of Going to Court

III. The Directive's Provisions on Disclosure

IV. Accessing the Commission's Case File

V. Accessing Information through the Commission's Infringement Decisions - The Evonik Degussa Case

VI. Joining the Dots.

PART III: SOLVED AND UNSOLVED ISSUES IN PRIVATE ENFORCEMENT

10. Damages Actions in Article 102 TFEU Cases: The New Frontier for Private Enforcement

II. Distinctive Features of Article 102 TFEU Civil Litigation

III. The Conditions for Establishing Civil Liability

IV. A Swedish Case Study: Telia Follow-on Damages

11. Implementing the Rules of the Damages Directive on Joint and Several Liability: The SME Derogation

II. Exception for 'Failing SMEs': Background

III. SME Status

IV. Applicable Conditions for the 'Failing SME' Exception

V. The Extent of SME Liability

VI. Anticipated Consequences and the Assessment

12. Causation and Damage: What the Directive Does Not Solve and Remarks on Relevant EU Law

II. The Requirement and Notion of Full Compensation

III. The Full Effect, Effective Application and Practical Effects of Articles 101 and 102 TFEU

IV. Remote Damages, and Long and Complex Causal Links

V. Causation and Damage-related Presumptions and Facilitations

VI. Concluding Remarks

13. The Presumption of Harm and its Implementation in the Member States' Legal Orders

II. The Legal Nature and Scope of Application of the Presumption of Harm

III. The Implementation of the Presumption of Harm in Member States' Laws: Open Issues

IV. Conclusion

14. Article 17(3) of the Damages Directive and the Interaction Between the Swedish Competition Authority and Swedish Courts

II. The Legislative History of Article 17(3)

III. The Aim of Article 17(3)

IV. Some Relevant Swedish Context

V. The Non-transposition of Article 17(3) in Swedish Law

VI. Conclusions

Index.

Notes:

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

1-5099-2202-4

1-5099-2203-2

OCLC:

1090493766

Access Restriction:

Open access Unrestricted online access