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Private Enforcement of European Competition and State Aid Law

Private Enforcement of European Competition and State Aid Law

Author: Ferdinand Wollenschläger; Wolfgang Wurmnest; Thomas M.J. Möllers
Publisher: Kluwer Law International
ISBN: 9789403502816
Published In: January 2020
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

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