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that the effectiveness of art.101 TFEU would be endangered if facilitators, such as AC-Treuhand, could escape liability …
Persistent link: https://www.econbiz.de/10013000489
To encourage private actions for damages in antitrust cases some jurisdictions subtract a fraction of the redress from the fine. We analyze the effectiveness of this policy. Such a rebate does not encourage settlement negotiations that would otherwise not occur. If, however, the parties settle...
Persistent link: https://www.econbiz.de/10012842842
This paper reviews the legal and economic structure of the class action litigation model in the United States, as set forth by rule 23 of US civil procedure, exploring the requirements for obtaining class certification and maintaining a class action. I analyze a number of critical issues and...
Persistent link: https://www.econbiz.de/10012733001
Directive 2014/104/EU was written on the assumption that the private enforcement of competition law is a matter of tort in all Member States. While doubts about this issue may have been brought up by some during the legislative process, they are not reflected in the final text. This assumption...
Persistent link: https://www.econbiz.de/10012942749
A price squeeze, or margin squeeze, is a theory of antitrust liability under section 2 of the Sherman Act that concerns … competitors, it may raise the price of its upstream inputs without incurring antitrust liability. On the other hand, the Ninth …
Persistent link: https://www.econbiz.de/10012759244
A quot;price squeeze,quot; or quot;margin squeeze,quot; is a theory of antitrust liability under section 2 of the … downstream competitors, it may raise the price of its upstream inputs without incurring antitrust liability. On the other hand … antitrust case.The price-squeeze theory of liability is incompatible with contemporary antitrust jurisprudence and economic …
Persistent link: https://www.econbiz.de/10012766481
The European Commission has identified a lack of appropriate national rules governing actions for competition-related damages and, even where such rules exist, there appears to be significant divergences among the national laws of the relevant Member States, resulting in an uneven playing field...
Persistent link: https://www.econbiz.de/10013006270
The EU-level doctrine of parental antitrust liability presents a number of challenges in terms of securing the … perspective, ultimately arguing that as currently formulated the EU-level doctrine of parental antitrust liability indeed suffers …
Persistent link: https://www.econbiz.de/10013224141
Persistent link: https://www.econbiz.de/10012198035
The private enforcement system in Trust law established by the Reg. 1/2003 enables the foundations to allow the development of indemnity claims caused by antitrust damages. The essential elements of antitrust damages are analysed in the present article according to the guidelines found in the...
Persistent link: https://www.econbiz.de/10014202412