Private Enforcement of EC Competition Law
Among the topics and issues raised and discussed here are the following:
- the 2001 Courage judgment of the European Court of Justice, in which the court decided that everyone who suffers losses from a violation of arts. 81 or 82 EC is entitled to compensation;
- relevance of the case law that contributes to general principles of European tort law;
- comparative analysis from the more comprehensive experience of national laws in the United States, Germany, France, and Italy;
- calculation of damages;
- passing-on of losses sustained in an upstream market to customers in a downstream market;
- procedural devices which may help to overcome the lack of implementation;
- duties of disclosure and the burden of proof;
- collective actions that may help to overcome the rational abstention of individuals;
- pitfalls of leniency programmes implemented by national competition authorities; and
- issues of jurisdiction and choice of law.
The lively debates that followed the presentations at the conference are also recorded here.
Although more discussion will be needed before a viable legal framework in this area begins to emerge, these ground-breaking contributions by lawyers of various disciplines, jurists, economists, academics, and European policymakers take a giant step forward. For lawyers, academics, and officials engaged with this important area of international law, this book clearly improves our understanding of the economic need and legal particularities which could generate an effective European system of private antitrust litigation.
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- Contributors. Introduction; J. Basedow, Max Planck Institute for Comparative and International Private Law and Chairman of the German Monopolies Commission. Policy Issues in the Private Enforcement of EC Competition Law; E. Paulis, Director, European Commission, Competition DG, Director Policy and Strategic Support. Private Enforcement of EC Competition Rules in the ECJ: Courage v. Crehan and the Way Ahead; W. van Gerven, Katholieke Universiteit Leuven en Universiteit Tilburg. Private Enforcement of Competition Law in the United States Of Optimal Deterrence and Social Costs; H. L. Buxbaum, Indiana University Bloomington. Private Enforcement of European Competition Law Recommendations Flowing from the German Experience; W.-H. Roth, Rheinische Friedrich-Wilhelms-Universität Bonn. Private Enforcement of Competition Law Recommendations Flowing from the French Experience; L. Idot, Université de Paris I (Panthéon-Sorbonne). Private Law Remedies for Antitrust Violations A Point of View from Italy; C. Castronovo, Università Cattolica del Sacro Cuore, Milano, Private Damage Claims and the Passing-On Defense in Horizontal Price-Fixing Cases An Economists Perspective; M. Hellwig, Max Planck Institute for Research on Collective Goods. Duties of Disclosure and Burden of Proof in the Private Enforcement of European Competition Law; R. Stürner, Albert-Ludwigs-Universität Freiburg, Institute for German and Comparative Civil Procedure; Judge at the State Court of Appeal Karlsruhe Collective Action as an Efficient Means for the Enforcement of European Competition Law; A. Stadler, Universität Konstanz. Leniency Programs and the Private Enforcement of European Competition Law; U. Böge, President of the Bundeskartellamt. Jurisdiction and Choice of Law in the Private Enforcement of EC Competition Law; J. Basedow. Annex 1: Green Paper Damages Actions for Breach of the EC Antitrust Rules. Annex 2: Commission Staff Working Paper. Index.