EC Private Antitrust Enforcement: Decentralised Application of EC Competition Law by National Courts

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This study presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernization and decentralization of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. It starts from the premise of private enforcement's independence of public enforcement. After examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, the book then proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralization state of affairs, but also refers to the latest proposals to enhance private antitrust enforcement in Europe, both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.
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Product Details

  • ISBN-13: 9781841137445
  • Publisher: Hart Publishing (UK)
  • Publication date: 1/31/2008
  • Pages: 314
  • Product dimensions: 7.00 (w) x 10.00 (h) x 1.00 (d)

Table of Contents

Table of Cases

Table of Legislation, Resources, and Official Documentation

1 EC Private Antitrust Enforcement 1

I A Delimination of EC Private Antitrust Enforcement: Definitions and Modalities 1

II Public and Private Antitrust Enforcement and the Objectives of EC Competition Law 7

III The Independence of Private Antitrust Enforcement 15

2 The Institutional Law Aspects of the Application of EC Competition Law by National Courts 25

I The Old Administrative Authorisation and Notification System 25

II The Advent of Modernisation and the Passage to a Legal Exception System 39

III The Pillars of the New Decentralised System of EC Competition Law Enforcement: 'Centralised Decentralisation'? 63

3 The Substantive and Procedural Law Aspects of EC Private Antitrust Enforcement 141

I Moving from a Decentralised System to a System of Private Enforcement 141

II The Substantive Law Framework 149

III The Procedural Law Framework 220

IV Private International Law Aspects 239

Bibliography 261

Index 307

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