EU competition litigation transposition and first experiences of the new regime
"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,...
| Autores Corporativos: | , |
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| Otros Autores: | , , |
| Formato: | Libro electrónico |
| Idioma: | Inglés |
| Publicado: |
Oxford, England :
Hart
[2019]
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| Colección: | Swedish Studies in European Law
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| Materias: | |
| Ver en Biblioteca Universitat Ramon Llull: | https://discovery.url.edu/permalink/34CSUC_URL/1im36ta/alma991009684820906719 |
Tabla de Contenidos:
- Intro
- Foreword
- Editorial Preface
- Table of Contents
- Table of Cases
- Table of Legislation
- PART I: ROLLING OUT THE NEW PRIVATE ENFORCEMENT REGIME
- 1. EU Competences and the Damages Directive: The Continuum Between Minimum and Full Harmonisation
- I. Introduction
- II. The Directive as Minimum Harmonisation of the Right to Damages
- III. The Member States' Competence Continuum
- IV. Conclusions and Outlook
- 2. The State of Private Enforcement of Competition Law: A Practitioner's Perspective
- I. Introduction
- II. Damage Quantification and Interest
- III. Passing-on Defence and Indirect Purchasers
- IV. The Disclosure of Evidence Inter Partes
- V. Access to Information from Competition Authorities
- VI. Joint and Several Liability and Choice of Defendants
- VII. Jurisdiction and Applicable Law
- VIII. Considerations on the Choice of Forum
- IX. Litigation Funding and Claims Bundling
- X. Conclusion
- 3. Managing Transposition and Avoiding Fragmentation: The Example of Limitation Periods and Interest
- I. Limitation Periods and Interest in Competition Damages
- II. Directive 2014/104 on Limitation Periods and Interest
- III. Transposing the Relevant Passages into Swedish Law
- IV. The Practical Consequences of the Transposition
- V. Discussions and Conclusions
- 4. A First Look at the Portuguese Act 23/2018 Transposing the Private Enforcement Directive
- I. The Transposition Procedure of the Private Enforcement Directive
- II. The Scope of the Portuguese Act
- III. Exclusive Competence of the Specialised Portuguese Court for Competition Regulation and Supervision
- IV. Substantive Solutions
- V. Amendments beyond the Implementation of the Directive: Collective Redress
- VI. Conclusion
- PART II: BALANCING PUBLIC AND PRIVATE ENFORCEMENT.
- 5. Private Enforcement of Public Law - An Inconsistent Approach to Remedies?
- I. Private Enforcement in General
- II. Behavioural Remedies in Swedish Competition Law
- III. Subsidiary Claims in Swedish Law
- IV. The Effects of the Subsidiary Right to Litigate
- V. Concluding Remarks
- 6. The Binding Effects of Decisions and Judgments under EU Competition Law
- I. Introduction
- II. Court Judgments in Subsequent Domestic Court Proceedings
- III. Court Judgments in Cross-border Situations
- IV. Judgments in Subsequent Administrative Proceedings
- V. CA Decisions in Subsequent Administrative Proceedings
- VI. CA Decisions in Subsequent Proceedings before Domestic Courts
- VII. CA Decisions before Courts in Cross-border Situations
- VIII. Commission Decisions in Subsequent Proceedings before Courts
- IX. Commission Decisions in Subsequent Proceedings before CA
- X. Concluding Remarks
- 7. Facilitating Follow-on Actions? Public and Private Enforcement of EU Competition Law After Directive 2014/104
- I. Introduction
- II. The Tasks of Public and Private Enforcement
- III. Encouraging Private Action by Public Action
- IV. Damages as Part of Public Enforcement
- V. Concluding Discussion
- 8. The Practical and Legal Effects of National Decisions in Subsequent Damages Actions
- I. Article 9 of the Directive
- II. The Transposition of Article 9 in Swedish Law
- III. Analysis of Article 9: A Swedish Example of Inconsistencies
- IV. Conclusions
- 9. The Quest for Evidence - Still an Uphill Battle for Cartel Victims?
- I. Introduction
- II. Taking the Risk of Going to Court
- III. The Directive's Provisions on Disclosure
- IV. Accessing the Commission's Case File
- V. Accessing Information through the Commission's Infringement Decisions - The Evonik Degussa Case
- VI. Joining the Dots.
- PART III: SOLVED AND UNSOLVED ISSUES IN PRIVATE ENFORCEMENT
- 10. Damages Actions in Article 102 TFEU Cases: The New Frontier for Private Enforcement
- I. Introduction
- II. Distinctive Features of Article 102 TFEU Civil Litigation
- III. The Conditions for Establishing Civil Liability
- IV. A Swedish Case Study: Telia Follow-on Damages
- 11. Implementing the Rules of the Damages Directive on Joint and Several Liability: The SME Derogation
- I. Introduction
- II. Exception for 'Failing SMEs': Background
- III. SME Status
- IV. Applicable Conditions for the 'Failing SME' Exception
- V. The Extent of SME Liability
- VI. Anticipated Consequences and the Assessment
- 12. Causation and Damage: What the Directive Does Not Solve and Remarks on Relevant EU Law
- I. Introduction
- II. The Requirement and Notion of Full Compensation
- III. The Full Effect, Effective Application and Practical Effects of Articles 101 and 102 TFEU
- IV. Remote Damages, and Long and Complex Causal Links
- V. Causation and Damage-related Presumptions and Facilitations
- VI. Concluding Remarks
- 13. The Presumption of Harm and its Implementation in the Member States' Legal Orders
- I. Introduction
- II. The Legal Nature and Scope of Application of the Presumption of Harm
- III. The Implementation of the Presumption of Harm in Member States' Laws: Open Issues
- IV. Conclusion
- 14. Article 17(3) of the Damages Directive and the Interaction Between the Swedish Competition Authority and Swedish Courts
- I. Introduction
- II. The Legislative History of Article 17(3)
- III. The Aim of Article 17(3)
- IV. Some Relevant Swedish Context
- V. The Non-transposition of Article 17(3) in Swedish Law
- VI. Conclusions
- Index.
