| Description |
1 online resource |
| Contents |
Intro -- Acknowledgments -- Contents -- About the Author -- Chapter 1: Introduction -- 1.1 Overview and Research Purpose -- 1.2 Methodology -- 1.3 Terminological Clarification -- 1.4 Significance of the Book -- 1.5 Structure of the Book -- Table of Cases -- European Union (Court of Justice) -- Table of Legislation -- Albania -- European Union -- Portugal -- References -- Part I: The Role of Court of Justice of the European Union and Commission in Facilitating and Encouraging the Rights to Damage... -- Chapter 2: Evolution of a General Framework of EU Law on Private Enforcement |
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2.1 Introduction -- 2.2 Competition Policy in the European Countries: From the End of 20th Century until 21st Century -- 2.3 Evolution of the Competition Law in the ECSC and the EC/EU -- 2.3.1 The Origins and the Nature of Competition Rules in the ECSC -- 2.3.2 Origin and Nature of Competition Rules in the EEC Treaty -- 2.4 Competition Enforcement System: From Centralised Toward a Decentralised System -- 2.5 CJEU as a Promoter and Safeguard of Private Enforcement -- 2.5.1 EU Right to Damages for Infringement of Competition Law -- 2.5.2 The Principle of National Procedural Autonomy |
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Table of Cases -- European Union (Court of Justice) -- Italy -- Table of Legislation -- European Union -- Italy -- References -- Chapter 3: The Role of the Commission in Facilitating and Encouraging the Right to Damages -- 3.1 Introduction -- 3.2 Commission Rhetoric for Right to Damages: From Deringer Report to Regulation 1/2003 -- 3.3 Ashurst Study: Astonishing Diversity and Total Underdevelopment of Private Enforcement -- 3.4 Green Paper on the Damages Actions for Breach of the EC Antitrust Rules -- 3.5 White Paper on Damages Actions for Breach of the EC Antitrust Rules |
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3.6 2013 Package: Facilitating Private Enforcement in the EU -- Table of Cases -- European Union (Court of Justice) -- Table of Legislation -- European Union -- United Kingdom -- References -- Part II: Legal Analyses of the Antitrust Damages Directive and Its Implication for the EU Member States -- Chapter 4: The Directive on Right to Damages: Legal Aspects and Implications -- 4.1 Introduction -- 4.2 Legal Basis of Antitrust Damage Directive: Single or Dual Legal Basis? -- 4.3 Content of the Antitrust Damages Directive -- 4.3.1 Subject Matter and Scope of Antitrust Damages Directive |
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4.3.2 Disclosure of Evidence-(Chapter II: Articles 5-8) -- 4.3.3 Effects of National Decisions, Limitation Periods and Joint and Several Liability (Chapter III: Articles 9-11) -- 4.3.3.1 Effects of National Decisions, Article 9 -- 4.3.3.2 Limitation Period, Article 10 -- 4.3.3.3 Joint and Several Liability, Article 11 -- 4.3.3.4 The Passing-on of Overcharges (Chapter IV: Articles 12-16) -- 4.3.4 Quantification of Harm (Chapter V: Article 17) -- 4.3.5 Consensual Dispute Resolution (Chapter VI: Articles 18 and 19) -- 4.4 Assessment of the Antitrust Damages Directive |
| Summary |
This book argues that the European integration process (Europeanisation) is pushing the member states and candidate countries toward a greater convergence with the EU's competition acquis. Through the transposition of the Directive 2014/104/EU, the member states have harmonised substantive and procedural rules, which is beneficial to individuals and enterprises because it provides a minimum protection across all member states. In addition, it is commonly agreed in academia that the prospect of EU membership brings positive domestic changes in the candidate countries. At the moment, Albania is waiting to open negotiations for the chapters of the EU acquis. Firstly, this book addresses the evolution of private enforcement at the European level by examining the objectives, modalities, and actors that contributed to the development of private enforcement. Secondly, it analyses the Directive 2014/104/EU and how the three selected EU member states have transposed the directive into their domestic legal system considering the discretion margin left by Article 288 TFEU and a minimum harmonisation level defined in the directive. Thirdly, it provides a historical overview of private enforcement in Albania and shows how the Albanian Competition Authority has addressed the transposition of the Directive 2014/104/EU |
| Bibliography |
Includes bibliographical references |
| Notes |
Online resource; title from PDF title page (SpringerLink, viewed April 14, 2022) |
| Subject |
European Union -- Membership.
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| SUBJECT |
European Union fast |
| Subject |
Competition, Unfair -- Albania
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Competition, Unfair -- European Union countries
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Competition, Unfair
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Membership requirements
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Albania
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European Union countries
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| Form |
Electronic book
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| ISBN |
9783030970345 |
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3030970345 |
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