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After the Damages Directive: Policy and Practice in the EU Member States and the United Kingdom

Edited by: Andrea Biondi, Gabriella Muscolo, Renato Nazzini

ISBN13: 9789403513027
Published: January 2022
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £175.00



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After the Damages Directive, in a comparative and interdisciplinary approach, provides a comprehensive study of the implementation of the Damages Directive in all Member States of the European Union and the United Kingdom. Designed to deter anti-competitive conduct and ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. The book examines the implementation of the Directive in its broader legal context with a meaningful comparison of the law and practice in all relevant jurisdictions.

The contributors in their more detailed chapters – all experts in the use of EU competition law in their respective jurisdictions – cover the provisions of the Directive, including the following:

  • requirement of full compensation;
  • rules preventing overcompensation;
  • court’s power to estimate damages that cannot be precisely quantified;
  • joint and several liability for infringing undertakings;
  • coordination between public and private enforcement;
  • provisions related to passing-on;
  • certain rules on admissibility of evidence;
  • rules on limitation periods; and
  • consensual dispute resolution.

By adopting an interdisciplinary and polycentric approach this book provides much-needed insight into judicial practice and thinking, the economic processes and strategies relevant to damages, and the coordination between public and private enforcement. The expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their jurisdictions and into the problems that have arisen or might arise in the future.

Subjects:
Competition Law
Contents:
Foreword
Preface
Introduction
Andrea Biondi, Gabriella Muscolo & Renato Nazzini
Austria
The Damages Directive in Austria
Ralp Taschke
A Practitioner View
Florian Neumayr
The Damages Directive in Belgium
Jacques Steenbergen
The Damages Directive in Bulgaria
Peter Petrov
The Damages Directive in Croatia
Jasminka Pecotic´ Kaufman
The Damages Directive in Cyprus
Constantinos Kombos
The Damages Directive in Czech Republic
Lucie Mikulíková & Michael Mikulík
The Damages Directive in Denmark
Michael Herbing
The Damages Directive in Estonia
Elo Tamm
The Damages Directive in Finland
Toni Kalliokoski, Liisa Tarkkila & Katri Havu
France
The Damages Directive in France
Muriel Chagny
A View from the Bench
Jacqueline Riffault-Silk
An Economist View
Gildas de Muizon
The Damages Directive in Germany
Soyez Volker
An Economist View
Thilo Klein, Christopher Milde & Sebastian Theuer
The Damages Directive in Greece
Lefkothea Nteka & Assimakis Komninos
A View from the Bench
Ioannis Symplis
The Damages Directive in Hungary
Barnabás Gergely & Tihamér Tóth
The Damages Directive in Ireland
Mary Catherine Lucey
Italy
The Damages Directive in Italy
Marina Tavassi
A Practitioner View
Enrico Adriano Raffaelli
An Economist View
Ginevra Bruzzone & Michele Carpagnano
The Damages Directive in Latvia
Ugis Zeltinš
The Damages Directive in Lithuania
Dina Lurje & Pavel Jacunskij
The Damages Directive in Luxembourg
Théa Harles-Walch
The Damages Directive in Malta
Sylvann Aquilina Zahra
The Damages Directive in the Netherlands
Pieter Huizing & Wouter Meester
The Damages Directive in Poland
Anna Gulinska & Piotr Machnikowski
The Damages Directive in Portugal
Miguel Sousa Ferro & Rita Luís Leitão
The Damages Directive in Romania
Oana Stefan
The Damages Directive in Slovak Republic
Michaela Nosa
The Damages Directive in Slovenia
Emilija Horvat & David Vogrinec
Spain
The Damages Directive in Spain
Carmen Herrero & Julia Suderow
A View from the Bench
Mercedes Pedraz Calvo
An Economist View
Stefano Trento & Elena Zoido
Sweden
Lars Henriksson
United Kingdom
The Damages Directive in the United Kingdom
Anneli Howard QC
A View from the Bench
Sir Peter Roth & Samuel Buyoya
An Economist View
Joseph Bell