Private enforcement of competition law in Europe: directive 2014/104/EU and beyond
Gespeichert in:
Weitere beteiligte Personen: | , |
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Format: | Buch |
Sprache: | Englisch |
Veröffentlicht: |
Brussels
Bruylant
[2021]
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Schriftenreihe: | Competition law - Droit de la concurrence
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Schlagwörter: | |
Abstract: | This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions. For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the "Pre-Directive era." In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of "interests." For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it. Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States |
Umfang: | VI, 419 Seiten Diagramme 24 cm |
ISBN: | 9782802766872 2802766872 |
Internformat
MARC
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245 | 1 | 0 | |a Private enforcement of competition law in Europe |b directive 2014/104/EU and beyond |c Rafael Amaro (ed.). Conclusion by Paul Nihoul |
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490 | 0 | |a Competition law - Droit de la concurrence | |
520 | 3 | |a This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions. For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the "Pre-Directive era." In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of "interests." For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it. Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States | |
653 | 0 | |a Concurrence / Droit européen | |
653 | 0 | |a Droit commercial (droit européen) | |
700 | 1 | |a Amaro, Rafael |d 1985- |0 (DE-588)1053818580 |4 edt | |
700 | 1 | |a Nihoul, Paul |d 1963- |0 (DE-588)17105105X |4 aft | |
943 | 1 | |a oai:aleph.bib-bvb.de:BVB01-032797109 |
Datensatz im Suchindex
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any_adam_object | |
author2 | Amaro, Rafael 1985- Nihoul, Paul 1963- |
author2_role | edt aft |
author2_variant | r a ra p n pn |
author_GND | (DE-588)1053818580 (DE-588)17105105X |
author_facet | Amaro, Rafael 1985- Nihoul, Paul 1963- |
building | Verbundindex |
bvnumber | BV047395887 |
ctrlnum | (OCoLC)1259568724 (DE-599)BVBBV047395887 |
format | Book |
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id | DE-604.BV047395887 |
illustrated | Not Illustrated |
indexdate | 2024-12-20T19:18:20Z |
institution | BVB |
isbn | 9782802766872 2802766872 |
language | English |
oai_aleph_id | oai:aleph.bib-bvb.de:BVB01-032797109 |
oclc_num | 1259568724 |
open_access_boolean | |
owner | DE-M382 |
owner_facet | DE-M382 |
physical | VI, 419 Seiten Diagramme 24 cm |
publishDate | 2021 |
publishDateSearch | 2021 |
publishDateSort | 2021 |
publisher | Bruylant |
record_format | marc |
series2 | Competition law - Droit de la concurrence |
spelling | Private enforcement of competition law in Europe directive 2014/104/EU and beyond Rafael Amaro (ed.). Conclusion by Paul Nihoul Brussels Bruylant [2021] VI, 419 Seiten Diagramme 24 cm txt rdacontent n rdamedia nc rdacarrier Competition law - Droit de la concurrence This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions. For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the "Pre-Directive era." In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of "interests." For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it. Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States Concurrence / Droit européen Droit commercial (droit européen) Amaro, Rafael 1985- (DE-588)1053818580 edt Nihoul, Paul 1963- (DE-588)17105105X aft |
spellingShingle | Private enforcement of competition law in Europe directive 2014/104/EU and beyond |
title | Private enforcement of competition law in Europe directive 2014/104/EU and beyond |
title_auth | Private enforcement of competition law in Europe directive 2014/104/EU and beyond |
title_exact_search | Private enforcement of competition law in Europe directive 2014/104/EU and beyond |
title_full | Private enforcement of competition law in Europe directive 2014/104/EU and beyond Rafael Amaro (ed.). Conclusion by Paul Nihoul |
title_fullStr | Private enforcement of competition law in Europe directive 2014/104/EU and beyond Rafael Amaro (ed.). Conclusion by Paul Nihoul |
title_full_unstemmed | Private enforcement of competition law in Europe directive 2014/104/EU and beyond Rafael Amaro (ed.). Conclusion by Paul Nihoul |
title_short | Private enforcement of competition law in Europe |
title_sort | private enforcement of competition law in europe directive 2014 104 eu and beyond |
title_sub | directive 2014/104/EU and beyond |
work_keys_str_mv | AT amarorafael privateenforcementofcompetitionlawineuropedirective2014104euandbeyond AT nihoulpaul privateenforcementofcompetitionlawineuropedirective2014104euandbeyond |