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  • 1
    Book
    Book
    The passing-on problem in damages and restitution under EU law / (2017)
    Cheltenham ; Northampton :Edward Elgar Publishing,
    Details
    UID:
    almafu_BV044287765
    Format: XXXVI, 436 Seiten.
    ISBN: 978-1-78643-017-5 , 1-78643-017-7
    Series Statement: Elgar European law and practice
    Additional Edition: Erscheint auch als Online-Ausgabe, EBook ISBN 978-1-78643-018-2
    Language: English
    Subjects: Law
    RVK:
    PS 2580
    RVK:
    PS 2960
    URL: http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=029691944&sequence=000001&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA
    URL: Inhaltsverzeichnis
    URL: Inhaltsverzeichnis
    URL: http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=029691944&sequence=000001&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA
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  • 2
    Online Resource
    Online Resource
    EU competition litigation : transposition and first experiences of the new regime (2019)
    Oxford, UK : Hart Publishing | London : Bloomsbury Publishing
    Details
    UID:
    gbv_1681959992
    Format: 1 Online-Ressource (xxviii, 242 Seiten)
    Edition: First edition
    ISBN: 9781509922048 , 9781509922024 , 9781509922031
    Series Statement: Swedish studies in European law 12
    Content: "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) not only marks a new phase for private enforcement of competition law but also, more generally, provides a novel and thought provoking instance of EU harmonisation of aspects of private law and civil litigation. Following up on a previous 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"--Bloomsbury Publishing
    Note: Includes bibliographical references and index , Barrierefreier Inhalt: Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily
    Additional Edition: ISBN 9781509922017
    Additional Edition: Erscheint auch als Druck-Ausgabe EU Competition Law and the New Private Enforcement Regime: First Experiences from its Implementation (Veranstaltung : 2017 : Uppsala) EU competition litigation Oxford : Hart, 2019 ISBN 9781509922017
    Language: English
    Keywords: Europäische Union ; Mitgliedsstaaten ; Wettbewerbsregeln ; Sachschaden ; Schadensersatz ; Konferenzschrift ; Aufsatzsammlung
    DOI: 10.5040/9781509922048
    URL: Volltext  (kostenfrei)
    Library Location Call Number Volume/Issue/Year Availability
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    Online Resource
    Fulltext
    Stabi Berlin
    UB Potsdam
    MPI Bildungsforschung
  • 3
    Online Resource
    Online Resource
    EU Competition Litigation : Transposition and First Experiences of the New Regime (2019)
    London : Bloomsbury Academic
    Details
    UID:
    gbv_1832248364
    Format: 1 Online-Ressource (272 p.)
    ISBN: 9781509922048 , 9781509922031 , 9781509922024
    Series Statement: Swedish Studies in European Law
    Content: 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) not only marks a new phase for private enforcement of competition law but also, more generally, provides a novel and thought provoking instance of EU harmonisation of aspects of private law and civil litigation. Following up on a previous volume in the Swedish Studies in European Law series, published in 2016, this open access 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. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network
    Note: English
    Language: Undetermined
    URL: kostenfrei
    Library Location Call Number Volume/Issue/Year Availability
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    Online Resource
    Stabi Berlin
    UB Potsdam
  • 4
    Online Resource
    Online Resource
    Harmonising EU competition litigation : the new directive and beyond (2015)
    Oxford : Hart Publishing | London : Bloomsbury Publishing
    Details
    UID:
    gbv_1018530797
    Format: 1 Online-Ressource (xxxii, 344 Seiten)
    Edition: 2014
    ISBN: 9781509902767 , 9781509902743 , 9781509902750
    Series Statement: Swedish studies in European law v. 8
    Content: Introduction to the directive on competition damages actions / Ulf Bernitz -- Private enforcement of EU competition law : a comparison with, and lessons from, the US / Alison Jones -- Welfare-enhancing effects of private enforcement : a practical approach and the Swedish perspective / Lars Henriksson -- Challenges for Swedish courts : will the new directive on competition damages actions help? / Ingeborg Simonsson -- The damages directive and other enforcement measures in EU competition law / Vladimir Bastidas -- Embedding procedural autonomy : the directive and national procedural rules / Pieter van Cleynenbreugel -- Private enforcement of competition law in intellectual property cases / Paul Torremans -- Transparency and liability in leniency programmes: a question of balancing? / Xavier Groussot and Justin Pierce -- Access to documents for cartel victims and cartel members : is the system coherent? / Björn Lundqvist and Helene Andersson -- Practical private enforcement : perspectives from Portugal / Sofia Oliveira Pais -- Practical private enforcement : perspectives from Poland / Anna Piszcz -- Practical private enforcement : perspectives from Finland : causal links, the principle of effectiveness and requirements for national solutions / Katri Havu -- Practical private enforcement : perspectives from Greece and the Netherlands / Agis Karpetas -- Indirect purchasers : is there anything new in the directive? an introductory overview of the current and future status of indirect purchasers in the EU / Elisabeth Eklund -- Beyond the competition damages directive : what room for competition law restitution? / Magnus Strand -- The presumption of harm and its quantification in the directive and the practical guide / Marios Iacovides
    Note: Enthält bibliographische Angaben und einen Index , Includes text of "Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the member states and of the European Union, [2014] OJ L 349/1 , Includes papers presented as a conference "EU Competition Law and the Emerging Harmonization of Private Enforcement : The Upcoming Directive and Beyond" sponsored by the Swedish Network for European Legal Studies in cooperation with the Law Department at Uppsala University, in Uppsala on 17 May 2014.--ECIP preface , Barrierefreier Inhalt: Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily
    Additional Edition: ISBN 9781849467629
    Additional Edition: Erscheint auch als Druck-Ausgabe Harmonising EU competition litigation Oxford : Hart Publishing, 2016 ISBN 9781849467629
    Language: English
    Subjects: Law
    RVK:
    PS 3360
    Keywords: Europäisches Parlament ; Sachschaden ; Wettbewerbsregeln ; Aufsatzsammlung ; Konferenzschrift
    DOI: 10.5040/9781509902767
    URL: Volltext
    URL: Volltext
    URL: lizenzpflichtig
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    Online Resource
    Online Access
    Open Access Request
    Stabi Berlin
    UB Potsdam
  • 5
    Online Resource
    Online Resource
    EU competition litigation : transposition and first experiences of the new regime (2019)
    Oxford, England :Hart,
    Details
    UID:
    almahu_9949378091802882
    Format: 1 online resource (xxviii, 241 pages)
    ISBN: 1-5099-2202-4 , 1-5099-2203-2
    Series Statement: Swedish Studies in European Law
    Content: "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"--
    Note: 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 -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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? -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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.
    Additional Edition: ISBN 1-5099-4606-3
    Additional Edition: ISBN 1-5099-2201-6
    Language: English
    Library Location Call Number Volume/Issue/Year Availability
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    HU Berlin
    FU Berlin
  • 6
    Book
    Book
    EU competition litigation : transposition and first experiences of the new regime (2019)
    Oxford : Hart
    Details
    UID:
    gbv_1663246807
    Format: xxviii, 241 Seiten
    ISBN: 9781509922017
    Series Statement: Swedish studies in European law volume 12
    Content: "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"--
    Note: "All the topical contributions included here spring from the conference, EU Competition Law and the New Private Enforcement Regime: First Experiences from Its Implementation, which was held in Uppsala on 13 and 14 May 2017 at the initiative of the Network [Swedish Network for European Legal Studies] and in collaboration with Uppsala University." - ECIP editorial preface , Includes bibliographical references and index
    Additional Edition: ISBN 9781509922031
    Additional Edition: ISBN 9781509922024
    Additional Edition: Erscheint auch als Online-Ausgabe EU competition litigation Oxford, UK : Hart Publishing, 2019 ISBN 9781509922048
    Additional Edition: ISBN 9781509922024
    Additional Edition: ISBN 9781509922031
    Language: English
    Keywords: Europäische Union ; Mitgliedsstaaten ; Wettbewerbsregeln ; Sachschaden ; Schadensersatz ; Konferenzschrift
    URL: Inhaltsverzeichnis
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  • 7
    Book
    Book
    Harmonising EU competition litigation : the new directive and beyond (2016)
    Oxford : Hart Publishing
    Details
    UID:
    gbv_824614682
    Format: xxxi, 343 Seiten , 24 cm
    ISBN: 9781849467629
    Series Statement: Swedish studies in European law volume 8
    Content: Introduction to the directive on competition damages actions / Ulf Bernitz -- Private enforcement of EU competition law : a comparison with, and lessons from, the US / Alison Jones -- Welfare effects of rights to damages--a practical approach and the Swedish perspective / Lars Henriksson -- Challenges for Swedish courts : will the new directive on competition damages actions help? / Ingeborg Simonsson -- The damages directive and other enforcement measures in EU competition law / Vladimir Bastidas Venegas -- Embedding procedural autonomy : the directive and national procedural rules / Pieter Van Cleynenbreugel -- Private enforcement of competition law in intellectual property cases / Paul LC Torremans -- Transparency and liability in leniency programmes: a question of balancing? / Xavier Groussot and Justin Pierce -- Access to documents for cartel victims and cartel members--is the system coherent? / Björn Lundqvist and Helene Andersson -- Practical private enforcement : perspectives from Portugal / Sofia Oliveira Pais -- Practical private enforcement : perspectives from Poland / Anna Piszcz -- Practical private enforcement : perspectives from Finland--causal links, the principle of effectiveness and requirements for national solutions / Katri Havu -- Practical private enforcement : perspectives from Greece and the Netherlands / Agis Karpetas -- Indirect purchasers--is there anything new in the directive? An introductory overview of the current and future status of indirect purchasers in the EU / Elisabeth Eklund -- Beyond the competition damages directive : what room for competition law restitution? / Magnus Strand -- The presumption and quantification of harm in the directive and the practical guide / Marios C Iacovides
    Note: Ausgewählte Beiträge der Konferenz "EU competition law and the merging harmonization of private enforcement" in Uppsala im Mai 2014
    Additional Edition: Erscheint auch als Online-Ausgabe Uppsala Universitet. Juridiska Fakulteten Harmonising EU competition litigation Oxford : Hart Publishing, 2015 ISBN 9781509902767
    Additional Edition: ISBN 9781509902743
    Additional Edition: ISBN 9781509902750
    Language: English
    Subjects: Law
    RVK:
    PS 3360
    Keywords: Europäische Union ; Wettbewerbsrecht ; Antitrustpolitik ; Kartellrecht ; Kartellverfahren ; Schadensersatz ; Aufsatzsammlung ; Konferenzschrift
    URL: Inhaltsverzeichnis
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  • 8
    Book
    Book
    Legal accountability in EU markets for financial instruments : the dual role of investment firms (2021)
    Oxford :Oxford University Press,
    Details
    UID:
    almafu_BV047888273
    Format: xxxii, 330 Seiten.
    Edition: First edition
    ISBN: 978-0-19-284928-1
    Language: English
    Subjects: Economics , Law
    RVK:
    PE 610
    RVK:
    QK 640
    RVK:
    QK 651
    Keywords: Kapitalmarkt
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  • 9
    Online Resource
    Online Resource
    EU competition litigation : transposition and first experiences of the new regime (2019)
    Oxford, England :Hart,
    Details
    UID:
    edocfu_9960868717702883
    Format: 1 online resource (xxviii, 241 pages)
    ISBN: 1-5099-2202-4 , 1-5099-2203-2
    Series Statement: Swedish Studies in European Law
    Content: "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"--
    Note: 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 -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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? -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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.
    Additional Edition: ISBN 1-5099-4606-3
    Additional Edition: ISBN 1-5099-2201-6
    Language: English
    Library Location Call Number Volume/Issue/Year Availability
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    Online Resource
    FU Berlin
  • 10
    Online Resource
    Online Resource
    EU competition litigation : transposition and first experiences of the new regime (2019)
    Oxford, England :Hart,
    Details
    UID:
    edoccha_9960868717702883
    Format: 1 online resource (xxviii, 241 pages)
    ISBN: 1-5099-2202-4 , 1-5099-2203-2
    Series Statement: Swedish Studies in European Law
    Content: "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"--
    Note: 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 -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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? -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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 -- I. Introduction -- 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.
    Additional Edition: ISBN 1-5099-4606-3
    Additional Edition: ISBN 1-5099-2201-6
    Language: English
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