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

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

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789403513027
  • Published In: January 2022
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Details

    About this book:

     

    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 anticompetitive 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. 

     

    What’s in this book:

     

    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.

     

    How this will help you:

     

    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.

  • Editors

    Contributors

    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

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