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Private Enforcement of EC Competition Law (Hardcover)
Loot Price: R6,033
Discovery Miles 60 330
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Private Enforcement of EC Competition Law (Hardcover)
Series: International Competition Law Series Set
Expected to ship within 10 - 15 working days
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The European Commission's recent green paper on damages actions for
breach of EC antitrust rules stirred a debate across Europe on the
need for legal reform that would encourage private plaintiffs to
claim compensation for losses suffered as a result of
anticompetitive conduct. Prominent in the wake of that initiative
was the international conference convened by the Max Planck
Institute for Comparative and International Private Law in Hamburg
in April 2006, the papers and proceedings of which are presented in
this important book. Among the topics and issues raised and
discussed here are the following: the 2001 Courage judgment of the
European Court of Justice, in which the court decided that everyone
who suffers losses from a violation of arts. 81 or 82 EC is
entitled to compensation; relevance of the case law that
contributes to general principles of European tort law; comparative
analysis from the more comprehensive experience of national laws in
the United States, Germany, France, and Italy; calculation of
damages; passing-on of losses sustained in an upstream market to
customers in a downstream market; procedural devices which may help
to overcome the lack of implementation; duties of disclosure and
the burden of proof; collective actions that may help to overcome
the rational abstention of individuals; pitfalls of leniency
programmes implemented by national competition authorities; and,
issues of jurisdiction and choice of law. The lively debates that
followed the presentations at the conference are also recorded
here. Although more discussion will be needed before a viable legal
framework in this area begins to emerge, these ground-breaking
contributions by lawyers of various disciplines, jurists,
economists, academics, and European policymakers take a giant step
forward. For lawyers, academics, and officials engaged with this
important area of international law, this book clearly improves our
understanding of the economic need and legal particularities which
could generate an effective European system of private antitrust
litigation.
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