Private Enforcement of Competition Law in Europe
Directive 2014/104/EU and Beyond
This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions.
For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the “Pre-Directive era.” In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of “interests.” For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it.
Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States.
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Part 1. – Introduction
Chapter 1. Private Enforcement of EU Competition Law – a genesis
Chapter 2. Directive 2014/104: an overview
Part 2. – Initiating a claim
Chapter 3. Litigation costs, funding and access to justice in competition damage actions in Europe
Chapter 4. Arbitration and Private Enforcement of Competition Law in Europe
Chapter 5. Collective redress – European and private international law approach
Chapter 6. Cross-border damage antitrust claims and private international law rules on jurisdiction
Chapter 7. Limitation period
Part 3. – Establishing liability
Chapter 8. Applicable law
Chapter 9. Investigative measures: domestic and international legal aspects
Chapter 10. The ‘Fault’ Requirement: The case of France and Certain Other EU States
Chapter 11. Liability and Damages Issues – Joint and Several Liability
Chapter 12. Quantifying damages: an overview
Chapter 13. Cartel damages actions in Europe: how courts have assessed cartel overcharges
Part 4. – National reports
Chapter 14. Germany
Chapter 15. Italy
Chapter 16. Belgium
Chapter 17. Spain
Chapter 18. France
Conclusion. What Would Karel Say?
Liste des contributeurs
Sous la direction de
- Rafael Amaro : Professeur de droit privé – Université Caen Normandie