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The 'Right to Damages' under EU Competition Law - From Courage v. Crehan to the White Paper and Beyond (Hardcover)
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The 'Right to Damages' under EU Competition Law - From Courage v. Crehan to the White Paper and Beyond (Hardcover)
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Since the seminal judgment of the European Court of Justice in
Courage v. Crehan (2001), a right to damages is available not only
to individuals (i.e. companies) acting against the Member States,
but also to individuals acting against each other, as a result of
the direct effect of Article 101 of the Treaty on the Functioning
of the EU. However, it is only since the Commission's 2008 White
Paper on Damages that a real impetus to the 'private enforcement'
implied by this decision has taken place. If the White Paper is
converted into legislation, it will have profound implications on
the way both EU competition law and European (EU or national)
private law functions. It is the provocative thesis of this book
that the Commission's struggle for a more 'effective' system of
private enforcement has gone from being a mere enhancement of a
single EU policy (competition) to slowly but surely fuelling a
paradigm shift in EU law. In an absorbing and richly detailed
analysis of this thesis, the author examines such controversial and
complex issues facing private enforcement of competition law in the
EU as the following: the binding effect of competition authority
decisions on a civil proceeding; the pass-on defence and standing
of indirect purchasers; distinguishing between restitution and
compensation; arguments defining the 'right' plaintiff';
national procedural autonomy; containing the 'spill-over' effect;
and assessing a unified competition litigation system. The
discussion of these issues and others underscores their tendency,
as the result of gradual judicial development, to make damages
claims in the EU more likely to be brought, more likely to be won,
and more beneficial to the plaintiff if won. The forceful
implication is that these issues carry much broader implications
than mere efficiency in the context of the competition rules;
rather, they have a profound impact on the wider issues of access
to justice and the right to a fair trial in the Union's legal
order. Through the perception of 'private enforcement' of EU
competition law as an enduring legal and socio-political reality
that is likely to remain, this book sheds new and powerful light on
EU constitutional law and the ever-expanding influence of EU law on
(largely national) private law. Although the practical availability
of damages in national judicial fora is an issue which is still
very far from being satisfactorily resolved, this far-reaching
study reveals a trend that seems virtually inevitable, and will be
of enormous interest to academics and policymakers concerned not
only with competition law but with the very basis of EU law.
General
Imprint: |
Kluwer Law International
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Country of origin: |
Netherlands |
Release date: |
November 2010 |
First published: |
November 2010 |
Authors: |
Veljko Milutinovic
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Dimensions: |
249 x 163 x 30mm (L x W x T) |
Format: |
Hardcover - Cloth over boards
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Pages: |
432 |
ISBN-13: |
978-90-411-3235-2 |
Categories: |
Books >
Law >
Laws of other jurisdictions & general law >
General
|
LSN: |
90-411-3235-X |
Barcode: |
9789041132352 |
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