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The Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues.This Research Handbook brings different perspectives into the dialogue, curating contributions from judges, academics and practitioners. As a whole, the Handbook delivers a deft exploration of strategies to successfully enforce rights across the EU and encompasses discussion and scrutiny of legal instruments, institutional developments, key litigation issues and judicial practice. It delivers contemporary and comparative reflection on developments in practice, including the impact of the Antitrust Damages directive, and the impact of a range of CJEU case-law.Organised into three main sections covering general issues, key aspects relating to private enforcement, and the experience of enforcement in key jurisdictions, this rigorous and engaging Research Handbook will be an invaluable resource for scholars, advanced students and practitioners.
Edited by Barry J. Rodger, Professor, The Law School, University of Strathclyde, UK, Miguel Sousa Ferro, Professor, University of Lisbon Law School, Portugal and Francisco Marcos, Professor, IE Law School, IE University, Spain
Contents:Introduction to the research handbook on private enforcement of competitionlaw in the EU xivPART I GENERAL ISSUES1 Private enforcement of competition law: its role and development in the EU 2Richard Whish and David Bailey2 The economics of private enforcement of competition law 28Maximilian Langer, Erik Lindén, Asger Lunde, Claus Kastberg Nielsen andJouni Sohkanen3 Private enforcement under US antitrust law: origins and contemporary context 52Andrew I. GavilPART II SUBSTANTIVE AND PROCEDURAL ISSUES4 Respective roles of EU and national law 82Juliane Kokott and Hanna Schröder5 The application ratione temporis of the Directive’s provisions andconflicting limitation periods under national laws 101Philipp Kirst6 Competition litigation and EU private international law rules 134Barry J. Rodger7 Private enforcement and the imputation of antitrust liability 159Peter Whelan8 Alternative remedies in the private enforcement of Articles 101 and 102 TFEU 181Magnus Strand9 Causation 204Ioannis Lianos and Claudio Lombardi10 Indirect purchasers and passing-on 239Antonio Robles Martín-Laborda11 Access to evidence: the ‘disclosure scheme’ of the Damages Directive 265Francisco Marcos12 Binding effect of public enforcement decisions 303Miguel Sousa Ferro13 Collective redress and aggregation of claims 330Csongor István Nagy14 Competition litigation funding 358Sebastian PeyerPART III PRIVATE ENFORCEMENT IN PRACTICE15 Private enforcement in the UK and Ireland 387Barry J Rodger and Mary Catherine Lucey16 Portugal and Spain 420Miguel Sousa Ferro and Francisco Marcos17 Germany and the Netherlands 459Jannik Otto, Patrick Hauser and Simon Vande Walle18 Central and Eastern European countries 504Jurgita MalinauskaiteIndex 527
‘A remarkably comprehensive guide to the private enforcement of competition law in Europe today, by an impressive list of eminent expert authors. This valuable addition to the literature is essential reading for those with an interest in private enforcement and includes important substantive, procedural, practical, comparative and economic insights.’