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The Passing-On Problem in Damages and Restitution under EU Law (Hardcover)
Loot Price: R5,057
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The Passing-On Problem in Damages and Restitution under EU Law (Hardcover)
Series: Elgar European Law and Practice series
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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. The
book offers a systematic examination of the key questions facing
parties in a passing-on situation: When can downstream claimants
bring an action? How can claimants demonstrate sufficient proximity
to the original harmful act or unjustified transaction? Will a
possibility of passing-on be relevant to the estimation of the
award? These questions are assessed for actions against the EU, a
Member State and private individuals. Key features of this book
include: * specific EU law focus and guidance that will be relevant
to lawyers throughout the EU * a multi-faceted analysis of the
defence of passing-on and the position of potential claimants
downstream in the supply chain * practical suggestions for
consistent approaches to passing-on in EU law across existing and
future contexts. This timely work will be an invaluable point of
reference for practitioners working in damages and restitution law,
but also in other fields of commercial law, including competition
law and consumer law. Legislators and policy-makers in the EU and
beyond will also benefit from the lucid analysis of the various
policy choices made in the EU and US.
General
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