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Public vs. Private Enforcement of Antitrust Law in Unilateral Conduct Cases - The Interaction Between the Economic Review of the Prohibition of Abuses of Dominant Positions and Pri...

Mackenrodt, Mark-Oliver - 2011

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

Asymmetric Stakes in Antitrust Litigation

Hovenkamp, Erik - 2020

Private antitrust litigation often involves a dominant firm being accused of exclusionary conduct by a smaller rival. In such cases, the defendant generally has a much larger financial stake in the outcome. We explore the implications of this asymmetry in a model of litigation with endogenous...

Persistent link: https://www.econbiz.de/10012838366

Should Private Antitrust Enforcement Be Encouraged in Europe?

Wils, Wouter P. J. - 2013

The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...

Persistent link: https://www.econbiz.de/10014198798

A Panacea for Competition Law Damages Actions in the EU? A Comparative View of the Implementation of the EU Antitrust Damages Directive in Sixteen Member States

Rodger, Barry James - 2019

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

Consumer Antitrust Private Enforcement in Europe : As Complete a Survey as Possible (Extended Version)

Sousa Ferro, Miguel - 2022

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

Blockchain Code as Antitrust

Schrepel, Thibault; Buterin, Vitalik - 2021

In this article, the authors show that blockchain can help in reaching the goals of antitrust law in situations where the rule of law does not (fully) apply. They detail what needs to be done to this end, from both a technical and legal standpoint

Persistent link: https://www.econbiz.de/10013248037

Reverse privatization as a reaction to the competitive environment : evidence from solid waste collection in Germany

Demuth, Juri; Friederiszick, Hans; Reinhold, Steffen - 2018

After earlier waves of privatization, local governments have increasingly taken back control of local service … provisions in some sectors and countries and, instead, started providing those services themselves (reverse privatization). Using … the years 2003, 2009, and 2015, we investigate motives for reverse privatization. Our results show that, in deciding …

Persistent link: https://www.econbiz.de/10011824932

Arbitration and Competition Law : The Potential Role of Ireland in the Privatisation of Competition Law

Talbot, Conor C. - 2015

This article examines the use of arbitration in competition law from Irish perspective, with a focus on the challenges faced by arbitrators operating in a jurisdiction where infringements of the competition rules can carry the weight of the criminal law and potentially lead to custodial sentences

Persistent link: https://www.econbiz.de/10013033231

A Class Action Model for Antitrust Damages Litigation in the European Union

Polverino, Fabio - 2006

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

Transposition of the Antitrust Damages Directive Into Spanish Law

Marcos, Francisco - 2018

This paper analyses the legal measures adopted to implement Directive 2014/104/EU into Spanish law. After briefly looking at the context of private enforcement of competition law in Spain, it examines the process followed for the transposition and the issues discussed before the adoption of the...

Persistent link: https://www.econbiz.de/10012926120

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