The Enforcement of Competition Law in Europe

The Enforcement of Competition Law in Europe

by Thomas M. J. Mollers
     
 

ISBN-10: 0521181569

ISBN-13: 9780521181563

Pub. Date: 11/25/2010

Publisher: Cambridge University Press

In the debate on the enforcement of competition law, many take the view that Europe should avoid the traps US law has fallen into by admitting excessive litigation. European law should not pave the way for judicial proceedings which ultimately serve the interests of lawyers or other agents rather than injured parties. This inquiry describes the state of remedies in…  See more details below

Overview

In the debate on the enforcement of competition law, many take the view that Europe should avoid the traps US law has fallen into by admitting excessive litigation. European law should not pave the way for judicial proceedings which ultimately serve the interests of lawyers or other agents rather than injured parties. This inquiry describes the state of remedies in competition law in fifteen European countries, analyses the underlying determinants, and proposes ways of improving the enforcement of competition law. The International and European legal frameworks are presented, as is the approach of US law. It is argued that efforts to strengthen private enforcement of antitrust law should benefit from the rich European experience in unfair competition law. The divergence between the two fields of law is not so huge that a completely different treatment is justified. Thus, a specifically European way of competition law enforcement could be developed.

Product Details

ISBN-13:
9780521181563
Publisher:
Cambridge University Press
Publication date:
11/25/2010
Series:
Common Core of European Private Law Series
Edition description:
Reissue
Pages:
740
Product dimensions:
6.00(w) x 9.00(h) x 1.80(d)

Table of Contents

Preface     xi
Contributors to the volume     xiii
Abbreviations (including legislation)     xv
Introduction     1
Remedies in Unfair Competition and Consumer Protection Law     3
Setting the basics - the legal framework     5
Approach of this comparative study     5
The legal background in the different Member States in unfair competition law     26
The European context of unfair competition law     54
Enforcement and sanctions under US - American unfair competition law     67
Contemporary solutions: the case studies     89
Objects of claim - the sanctions     89
Risky bread: order to cease and desist, elimination, publication     89
Watch imitations I: interim injunction     130
Whisky: damages and discovery     158
Plaintiffs and defendants     199
Children's swing: attracting customers - the different plaintiffs     199
Discontinued models: misleading advertisement - the consumer as plaintiff     253
Child labour: civil and criminal law     281
Recycled paper: advertising agencies and the press as defendants     306
Out-of-court settlements of disputes     327
Watch imitations II: pre-trial measures     327
Results and conclusions for remedies in unfair competition law     359
Summary of theses     359
Proposed draft     367
Instead of closing words - methods of harmonizing European law     369
Graphics     375
Remedies in Antitrust Law     387
Introduction     389
Methodological note     389
National antitrust law - a survey     395
The European context of antitrust law     423
Private enforcement of competition law: a comparative perspective   David J. Gerber     431
Private enforcement in US antitrust law     434
Competition law in Europe: administrative centrality     442
Incorporating private enforcement into European competition law: comparative perspectives     448
Concluding comments     452
Case studies     453
Objects of claim     453
Predatory price undercutting agreements - forbearance (cease-and-desist order)     453
Abuse of a dominant market position against a competitor - damages     499
Boycott - pre-trial measures and temporary relief     535
Plaintiffs and defendants     564
Horizontal restraints of competition - consumer claims against general cartel effects      564
Horizontal restraints of competition - validity of subsequent contracts     583
Vertical restraints of competition - resale price maintenance     597
Selective distribution and refusal to deal     616
Conclusions     637
The overall results of the country reports     637
Measures for the strengthening of private enforcement     639
Conflict of laws     652
European harmonization of remedies in antitrust law?     656
Conclusion     658
Outlook: the link between unfair competition law and antitrust law     659
Reasons for the different weight of private enforcement in unfair competition and antitrust law     659
Unfair competition law remedies as a model for antitrust law?     661
Examples     661
Standing of consumers     662
Standing of consumer protection associations     662
Future prospects     663
Bibliography     664
General index     680
Index by state     690

Read More

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >