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Author EU Competition Law and the New Private Enforcement Regime: First Experiences from Its Implementation (Conference) (2017 : Uppsala universitet)

Title EU competition litigation : transposition and first experiences of the new regime / edited by Magnus Strand, Vladimir Bastidas Venegas, Marios C Iacovides
Published Oxford, UK ; Chicago, Illinois : Hart Publishing, 2019

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Description 1 online resource
Series Swedish studies in European law
Contents PART I -- ROLLING OUT THE NEW PRIVATE ENFORCEMENT REGIME -- 1. EU Competences and the Damages Directive: The Continuum Between Minimum and Full Harmonisation Max Hjärtström and Julian Nowag -- 2. The State of Private Enforcement of Competition Law: A Practitioner's Perspective -- Ulrich Classen and Martin Seegers -- 3. Managing Transposition and Avoiding Fragmentation: The Example of Limitation Periods and Interest -- Magnus Strand -- 4. A First Look at the Portuguese Act 23 -- 2018 Transposing the Private Enforcement Directive -- Sofia Oliveira Pais -- PART II -- BALANCING PUBLIC AND PRIVATE ENFORCEMENT -- 5. Private Enforcement of Public Law -- An Inconsistent Approach to Remedies? -- Lars Henriksson -- 6. The Binding Effects of Decisions and Judgments under EU Competition Law -- Torbjörn Andersson -- 7. Facilitating Follow-on Actions? Public and Private Enforcement of EU Competition Law After Directive 2014 -- 104 -- Katharina Voss -- 8. The Practical and Legal Effects of National Decisions in Subsequent Damages Actions -- Per Karlsson -- 9. The Quest for Evidence -- Still an Uphill Battle for Cartel Victims? -- Helene Andersson -- PART III -- SOLVED AND UNSOLVED ISSUES IN PRIVATE ENFORCEMENT -- 10. Damages Actions in Article 102 TFEU Cases: The New Frontier for Private Enforcement -- Assimakis P Komninos -- 11. Implementing the Rules of the Damages Directive on Joint and Several Liability: The SME Derogation -- Anna Piszcz -- 12. Causation and Damage: What the Directive Does Not Solve and Remarks on Relevant EU Law -- Katri Havu -- 13. The Presumption of Harm and its Implementation in the Member States' Legal Orders -- Pieter Van Cleynenbreugel -- 14. Article 17(3) of the Damages Directive and the Interaction Between the Swedish Competition Authority and Swedish Courts -- Marios C Iacovides
Summary "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) does not only mark a new phase for private enforcement of competition law but also, more generally, a novel and thought-provoking instance of EU harmonization of aspects of private law and civil litigation. Following up on a previous Hart volume in the Swedish Studies in European Law series, published in 2016, this 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"-- Provided by publisher
Notes "All the topical contributions included here spring from the conference, EU Competition Law and the New Private Enforcement Regime: First Experiences from Its Implementation, which was held in Uppsala on 13 and 14 May 2017 at the initiative of the Network [Swedish Network for European Legal Studies] and in collaboration with Uppsala University"--ECIP editorial preface
Bibliography Includes bibliographical references and index
Notes Description based on print version record and CIP data provided by publisher; resource not viewed
Subject European Parliament. Antitrust damages directive -- Congresses
SUBJECT Antitrust damages directive (European Parliament) fast
Subject Antitrust law -- European Union countries -- Congresses
Actions and defenses -- European Union countries -- Congresses
Damages -- European Union countries -- Congresses
International and municipal law -- European Union countries -- Congresses
LAW / Military
Actions and defenses
Antitrust law
Damages
International and municipal law
European Union countries
Genre/Form Conference papers and proceedings
Form Electronic book
Author Strand, Magnus, editor
Bastidas Venegas, Vladimir, 1974- editor.
Iacovides, Marios C., editor
Swedish Network for European Legal Studies, sponsoring body.
LC no. 2018058979
ISBN 1509922024
9781509922024
9781509922031
1509922032
Other Titles European Union competition litigation