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The Private Enforcement of Competition Law

The Private Enforcement of Competition Law

Author: Pedro Caro de Sousa
Publisher: Oxford University Press
ISBN: 9780198890591
Published In: July 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Operating alongside public enforcement, private enforcement deters anticompetitive conduct and compensates the victims of competition law breaches, empowering them to vindicate their rights against companies. Approaches to private competition enforcement differ vastly across jurisdictions, further complicated by a diversity of tort and procedural laws. Given that many anticompetitive practices are transnational in nature, understanding how private competition claims are dealt with in different jurisdictions is essential.

Pedro Caro de Sousa's monograph offers the first comprehensive and truly international overview of private competition enforcement. Across two sections, Caro de Sousa breaks down the main constituent elements of private enforcement and compares the ways in which each element is implemented across the main jurisdictions, particularly in the US and the EU. The book's first section supplies a general overview of the topic, including a discussion of the relationship between public and private enforcement. The second section looks in more detail at the key elements of a private enforcement system, such as the judicial mechanisms for obtaining private redress for competition harm; practical solutions for ensuring effective enforcement; and the main economic methods that may be used to calculate damages arising from an infringement of competition law. Providing new insight into a topic of growing importance, Caro de Sousa's book is designed to aid practitioners, policymakers, and researchers in dealing with competition matters.

Introduction

Part I: Overview of Private Enforcement Systems

1:Private Enforcement at a Glance

2:The Interaction of Public and Private Enforcement Systems

Part II: Elements of Private Enforcement Systems

3:Judicial Redress Mechanisms

4:Out-of-court Redress Schemes

5:Claimants and Standing

6:Ensuring the Effectiveness of Redress Schemes

7:Defendants and Liability

8:Establishing an Infringement

9:Territorial Scope of Private Enforcement