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The present paper analyzes the interaction between the economic review of the probition of abuses of a dominant position (Article 82 EC) on the one hand and the efforts to enhance private enforcement of competition law through private damage claims on the other hand. The paper argues that...
Persistent link: https://www.econbiz.de/10013134375
Persistent link: https://www.econbiz.de/10013001423
Private enforcement is an increasingly prominent and important aspect of EU competition law. The impending Directive on damages actions aims to strengthen and, to a degree, harmonise procedures for private competition litigation, while recent cases of the Court of Justice have consistently...
Persistent link: https://www.econbiz.de/10014144484
This paper provides an overall survey and analysis of consumer antitrust private enforcement in the European Union, United Kingdom and Norway.It provides overall statistics and empirical data, goes over precedents and pending cases in individual countries. it also discusses: (i) legislation and...
Persistent link: https://www.econbiz.de/10014237595
In this article we explore fault as it has traveled from public enforcement to private enforcement of EU competition law and beyond the implementation of the Damages Directive. We demonstrate how differences between national tort law systems have prevented harmonization of fault in the Damages...
Persistent link: https://www.econbiz.de/10013248356
This paper makes an original contribution to the literature on the developing area of private enforcement of EU competition law. It delivers a significant, rigorous and comprehensive analysis of the transposition across a broad selection of Member States (MS) of a major EU Directive introduced...
Persistent link: https://www.econbiz.de/10012863953
The past and current reluctance of firms and individuals to use private enforcement suggests that there are limited incentives for self-help. The key contribution of private enforcement to overall deterrence derives from cases which would not otherwise be brought, not simply because of resource...
Persistent link: https://www.econbiz.de/10014057339
This article examines the practice of the European Commission in fining undertakings for the obstruction of the Commission’s investigation. For years, the Commission has fined such procedural infringements by qualifying them as an aggravating circumstance in the decision in the substantive...
Persistent link: https://www.econbiz.de/10014154199
This article analyzes whether the Health Care Quality Improvement Act (HCQIA) effects any real change in peer-review litigation under the antitrust laws. Although HCQIA's protection from legal liability is not limited to antitrust cases, the threat of antitrust liability provided the primary...
Persistent link: https://www.econbiz.de/10014145600
China, like a number of other antitrust jurisdictions, has a law concerning unfair pricing. This article develops an … economic framework for applying the unfair pricing law in China. The framework draws on the experience of courts and …
Persistent link: https://www.econbiz.de/10014148050