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This paper provides an empirical study of private enforcement of competition law in Spain from 1999 to 2012. So far, the Spanish literature on competition law private litigation is based on qualitative assessments and analysis of some key cases, but has not discussed all cases in depth....
Persistent link: https://www.econbiz.de/10013220695
After a long preparatory process, a Directive harmonizing certain national rules on private enforcement of competition law has been adopted by the European Parliament. In this contribution it is investigated whether harmonization of these rules was desirable and whether the main objectives of...
Persistent link: https://www.econbiz.de/10013031921
In this work we take the case of damages actions brought by victims of antitrust violation, and refer to the current discussion originated by the EC Commission's projected reform (the 2005 Green Paper), to show some of the many failures of damages actions in performing a deterrence function, and...
Persistent link: https://www.econbiz.de/10012720691
This paper investigates the opportunity of a Procompetitive interpretation of Private Law through an interdisciplinary analysis of Competition Law with Contract Law. The purpose of the research is to demonstrate that the traditional Civil Law might be differently considered and interpreted in...
Persistent link: https://www.econbiz.de/10010555901
The European Court of Justice (ECJ) has in several cases, most recently in Akzo Nobel (Case C-97/08) and General Química (Case C-90/09), held parent companies liable for competition law infringements of their subsidiaries. This practice is widely criticized by scholars and practitioners. The...
Persistent link: https://www.econbiz.de/10014180132
Tort Law is not harmonised at a European level. Substantive and procedural regulations vary substantially across EU Member States in most of the facets and dimensions of damages actions. These differences derive, amongst other causes, from different legal traditions. However, significant efforts...
Persistent link: https://www.econbiz.de/10014222784
This working paper provides an overview of the concept and practice of forensic economics by discussing four questions concerning the domain of this discipline. The first question asks whether forensic economics is a practical or academic enterprise, or both. The second one concerns the types of...
Persistent link: https://www.econbiz.de/10014102727
The harm of suboptimal breastfeeding on the health of infants and mothers has been widely acknowledged, including causing an estimated 823,000 deaths of infants and young children per year worldwide. Media reports of up to nine deaths of infants attributed to a Cronobacter sakazakii outbreak...
Persistent link: https://www.econbiz.de/10014353448
The European Commission recently made significant efforts to encourage the private enforcement of EU competition law, by inducing natural and legal persons who suffered damages as a result of competition law infringements, to bring actions for monetary damages before national courts. An...
Persistent link: https://www.econbiz.de/10014189776