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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 thoroughly revised and updated second
edition, the authors provide the only available comprehensive
examination of passing-on in damages and restitution under EU law.
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 the 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: A specific focus on EU law and guidance
that will be relevant to lawyers throughout the EU A multi-faceted
and fully contextualised 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 Extensive updates
comprising new case law and materials across all contexts examined
An expansion of discussions to encompass crucial new developments
since the first edition of the book This magisterial work is 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.
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.
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.
This volume in the Swedish Studies in European Law series, produced
by the Swedish Network for European Legal Studies, heralds the new
harmonised regime of private enforcement of EU competition law. In
2013, the Commission issued a Communication and Practical Guide to
the quantification of harm in antitrust litigation and a
Recommendation on collective redress. In 2014, the long-awaited
Directive on actions for damages for infringements of EU
competition law was finally adopted. In 2016, the Commission is
expected to issue guidelines on the passing-on of overcharges. This
book examines these recent developments and offers the perspectives
of judges, officials, practitioners and academics. With a preface
by Judge Carl Wetter of the General Court, the book explores five
different themes. In section one, the main policy issues and
challenges are presented. In section two, the new regime is placed
in the bigger picture of recent EU law developments. In section
three, the nexus between private enforcement and transparency is
investigated. A comparative perspective is offered in section four
by looking into private enforcement in five Member State
jurisdictions. Finally, issues relating to causation, harm and
indirect purchasers are explored in section five.
The proper functioning of the EU financial market is protected by
public actors - both national and supranational - responsible for
rulemaking and supervision of investment firms and other private
actors. At the same time the effectiveness of the EU legal system
requires vigilance from private actors such as investment firms but
also their clients, invoking their rights before national
authorities and courts. This means that investment firms have a
dual role within the system, turning them into subjects of control
and enforcement but also agents in the maintenance of the rule of
law. Legal Accountability in EU Markets for Financial Instruments
brings together a group of scholars with expertise from different
legal disciplines but a shared interest for the EU internal market
and the way it develops. It integrates a modern study of the form
and function of EU rulemaking in the internal market after the
financial crisis. The book includes an evaluation of core aspects
of rulemaking in the financial market and that way provides a
cross-cutting treatment of EU law. The focus of the book is set on
the regulatory framework in MiFIDII and MiFIR and thematic
questions around legal mechanisms for accountability and the role
of investment firms in the operation of those mechanisms. It
further discusses the implications for EU law and the EU legal
system and gives readers a thorough understanding of the concept of
accountability through its own findings.
This volume in the Swedish Studies in European Law series, produced
by the Swedish Network for European Legal Studies, heralds the new
harmonised regime of private enforcement of EU competition law. In
2013, the Commission issued a Communication and Practical Guide to
the quantification of harm in antitrust litigation and a
Recommendation on collective redress. In 2014, the long-awaited
Directive on actions for damages for infringements of EU
competition law was finally adopted. In 2016, the Commission is
expected to issue guidelines on the passing-on of overcharges. This
book examines these recent developments and offers the perspectives
of judges, officials, practitioners and academics. With a preface
by Judge Carl Wetter of the General Court, the book explores five
different themes. In section one, the main policy issues and
challenges are presented. In section two, the new regime is placed
in the bigger picture of recent EU law developments. In section
three, the nexus between private enforcement and transparency is
investigated. A comparative perspective is offered in section four
by looking into private enforcement in five Member State
jurisdictions. Finally, issues relating to causation, harm and
indirect purchasers are explored in section five.
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.
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