Damages claims for the infringement of EU competition law

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書誌事項

Damages claims for the infringement of EU competition law

Ioannis Lianos, Peter Davis, Paolisa Nebbia

Oxford University Press, 2015

1st ed

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

Damages Claims for the Infringement of Competition Law addresses the current state of the law in the EU on damages claims for the infringement of EU competition law by combining a theoretical with a practical perspective. The work first focuses on the relevant EU acquis, examining all aspects of EU law that may be relevant to damages claims (whether brought by a consumer or not) such as those concerning fault, alternative dispute resolution, as well as private international law instruments. The book then delves into the economic underpinnings of claims for damages, including optimal enforcement theory and damages and the legal standards of liability, the evaluation of damages for cartels, exploitative conduct and exclusionary conduct. The work also examines collective actions (legal regime and financing aspects), the interaction between damages claims and public enforcement, causation as well as issues relating to multi-jurisdictional enforcement and damages claims. The book provides a discussion of the emerging field of competion law damages and explores the important questions it raises about the use of the traditional tort law catergories in an area of law that is heavily infused with economic analysis. It combines a corrective justice perspective with an empirical and theoretical analysis of the practice of competiton law damages in various jurisdictions in Europe. Rather than adopting the traditional economic analysis law of approach, the authors respect the autonomy of the fields of law and economics, while attempting to identify the areas of conflict that may emerge when economic concepts and categories are integrated in the legal system.

目次

  • 1. Introduction
  • 2. Background and rationale of damages claims
  • 3. The directive on actions for damages for infringments of competition law
  • 4. The legal hurdle of causation: variations on a theme
  • 5. The Interaction of the Legal Concept of Causation with the economic concept of causation
  • 6. Evaluating Damages: A Primer
  • 7. The interaction between public enforcement and private actions for damages in Europe
  • 8. Cross-border damages actions in the EU: Managing Inter-Jurisdictional Competition in the EU Mixed Enforcement System

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