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The Research Handbook on Private Enforcement of Competition Law in
the EU provides wide-ranging coverage of a key aspect of
competition law enforcement which is undergoing constant and rapid
growth in significance. The Handbook examines the private
enforcement of competition law across the EU and beyond, shedding
light on pertinent and underlying issues. This Research Handbook
brings different perspectives into the dialogue, curating
contributions from judges, academics and practitioners. As a whole,
the Handbook delivers a deft exploration of strategies to
successfully enforce rights across the EU and encompasses
discussion and scrutiny of legal instruments, institutional
developments, key litigation issues and judicial practice. It
delivers contemporary and comparative reflection on developments in
practice, including the impact of the Antitrust Damages directive,
and the impact of a range of CJEU case-law. Organised into three
main sections covering general issues, key aspects relating to
private enforcement, and the experience of enforcement in key
jurisdictions, this rigorous and engaging Research Handbook will be
an invaluable resource for scholars, advanced students and
practitioners.
Timely new edition, set to publish shortly after Brexit to make it
up to date with all reforms relating to competition law in the UK
and EU Written to be easily accessible to both law undergraduate
students and students in related disciplines (such as Business)
with straightforward language and any technical terminology fully
explained in a supporting glossary. Provides historical context and
contemporary information on competition law as well as covering
current developments in policy Fully up-to-date and addresses
emerging topics including the damages directive, digital markets
and Brexit.
It is a truism that almost all the major principles established by
the ECJ have been decided in the context of a reference to that
court for a preliminary ruling under Article 234 (ex 177) EC.
Article 234 facilitates a dialogue between the national courts and
the ECJ in order to allow national courts to seek guidance on the
appropriate interpretation of Community law principles in a
particular legal dispute. From a Community perspective, this
process should enhance the uniform and consistent interpretation of
Community law throughout the national courts. This book adds to a
growing body of literature on the ECJ's role in developing
Community law and comprises quantitative and qualitative aspects.It
is based on collaborative research, involving 14 Member States,
which focused on the Article 234 procedure in relation to
competition law and State aid cases. Rapporteurs were appointed in
each Member State from which any Article 177/234 references had
been made in relation to competition law or State aid. The results
presented here follow up competition law-related Article 234
rulings to their domestic legal context, to ascertain what happened
in the subsequent legal phase, when parties seek to enforce their
rights or rely on other party's obligations, on the basis of the
ruling by the ECJ.Each national report is built on a questionnaire
seeking information on a range of issues relative to every
competition law-related ruling by the ECJ in references from that
Member State's courts, including the following: the number of
rulings in relation to that Member State; the dates of all rulings;
details of the case background, reference questions, and the ECJ
ruling for each case; and information, where available, on each
post-ruling process. The research is comprehensive in reviewing all
competition law-related rulings to 1 May 2004, and pioneering as
being the first systematic attempt to collate detailed information
on all relevant cases, including crucially the post-ruling process.
This research is an important contribution to the literature on the
ECJ and its role in developing a competition culture across the
Community. Moreover, the importance of ensuring consistency and
uniformity in the implementation of EC competition law by national
courts has been given added significance following the accession of
new Member States. In light of these factors, this book will serve
as a reliable groundwork for further studies of the development of
European integration, particularly as it focuses on competition
law, an area of ever-increasing significance and importance. It is
also of distinctive value to practitioners seeking precedents or
juridical context on which to build arguments in European
competition law.
Timely new edition, set to publish shortly after Brexit to make it
up to date with all reforms relating to competition law in the UK
and EU Written to be easily accessible to both law undergraduate
students and students in related disciplines (such as Business)
with straightforward language and any technical terminology fully
explained in a supporting glossary. Provides historical context and
contemporary information on competition law as well as covering
current developments in policy Fully up-to-date and addresses
emerging topics including the damages directive, digital markets
and Brexit.
With a Foreword by Lord Borrie This book is a collection of essays
on key issues arising out of the new UK competition regime
contained within the Competition Act 1998. The new Competition Act
is a crucial piece of legislation which fundamentally alters the
competition control system in the UK. The Act has been introduced
after more than a decade of proposals for reform which have
considered various aspects of UK competition law and policy. It
introduces a new institutional and regulatory framework and
substantive competition law principles. A core component of the Act
is the intended harmonisation of UK competition law with Articles
81 and 82 of the EC Treaty. 'Soft' harmonisation and the continuing
interrelationship between UK and Community competition law raises a
variety of interesting issues and problems which are discussed in
the book. This is an excellent time,as the Act's principal
provisions have just entered into force, to produce a series of
reflections on various aspects of the new regime to be introduced.
A variety of competition law experts have produced contributions
discussing the implications of the new Act, together with a
foreword by Lord Borrie, former Director General of Fair Trading.
This book is essential reading for all those involved in
competition law; students, academics, policymakers and
practitioners alike.
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