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Private Enforcement of European Competition and State Aid Law: Current Challenges and the Way Forward


ISBN13: 9789403502816
Published: January 2020
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £120.00



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Private Enforcement of European Competition and State Aid Law addresses two key areas of European Union (EU) law, EU competition law and EU State aid law, in which private law enforcement has become increasingly important over the past years. The overlapping EU regimes of competition law and State aid law provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. This will be a unique new work, combining practical analysis with informed debate on understanding the rules of private enforcement on the EU level and the covered Member States.

What’s in this book:

The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In the country reports for these major jurisdictions, as well as in more general and comparative chapters, the contributors focus on such issues as the following:

  • impediments to private enforcement;
  • which entity is liable for damages;
  • binding effect of decisions of competition authorities;
  • limitation of actions;
  • collective actions and pooling of claims;
  • enforcement of the standstill obligation (Article 108(3) TFEU);
  • remedies and information deficits;
  • cooperation and coordination between national courts and the European Commission;
  • transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States;
  • extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and
  • prospects for harmonisation of State aid law.
A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework.

How this will help you:

As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. As an authoritative, unique guide to the interaction between two important and rapidly changing areas of European competition law, this book is beneficial for practitioners and academics. They will appreciate the contributors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.

Subjects:
Competition Law, EU Law
Contents:
List of Contributors
Foreword
List of Abbreviations
CHAPTER 1. Introduction
Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers
PART I. Private Enforcement of EU Competition Law after Directive 2014/104/EU
CHAPTER 2. The European Perspective
Wulf-Henning Roth
CHAPTER 3. The European Commission’s View
Johannes Holzwarth
CHAPTER 4. Private Enforcement in France
Rafael Amaro
CHAPTER 5. Private Enforcement in Germany
Jens-Uwe Franck
CHAPTER 6. Private Enforcement in Italy
Enrico Camilleri
CHAPTER 7. Private Enforcement in the Netherlands
Rogier Meijer & Erik-Jan Zippro
CHAPTER 8. Private Enforcement in the United Kingdom
Florian Wagner-von Papp
PART II. Private Enforcement of EU State Aid Law
CHAPTER 9. The European Perspective
Fernando Pastor-Merchante
CHAPTER 10. The Role of the European Commission and the Cooperation with National Courts
Simone Donzelli
CHAPTER 11. Private Enforcement in France
François Lichère
CHAPTER 12. Private Enforcement in Germany
Sebastian Unger & David Hug
CHAPTER 13. Private Enforcement in Italy
Roberto Caranta & Benedetta Biancardi
CHAPTER 14. Private Enforcement in the Netherlands
Jacobine E. van den Brink & Willemien den Ouden
CHAPTER 15. Private Enforcement in Spain
Luis Arroyo Jiménez & Patricia Pérez Fernández
CHAPTER 16. Private Enforcement in the UK
Christopher Bovis
PART III. Analysis and Outlook
CHAPTER 17. Private Enforcement of EU Competition and State Aid Law: Comparative Analysis and the Way Forward
Ferdinand Wollenschläger & Wolfgang Wurmnest
Index