Harmonising EU Competition Litigation: The New Directive and Beyond

by Maria Bergström, Björn Lundqvist, Marios Iacovides, Magnus Strand

Overview

This volume in the Swedish Studies in European Law series, produced by the Swedish Network for European Legal Studies, heralds the new harmonised regime of private enforcement of EU competition law. In 2013, the Commission issued a Communication and Practical Guide to the quantification of harm in antitrust litigation and a Recommendation on collective redress. In 2014, the long-awaited Directive on actions for damages for infringements of EU competition law was finally adopted. In 2016, the Commission is expected to issue guidelines on the passing-on of overcharges. This book examines these recent developments and offers the perspectives of judges, officials, practitioners and academics.
With a preface by Judge Carl Wetter of the General Court, the book explores five different themes. In section one, the main policy issues and challenges are presented. In section two, the new regime is placed in the bigger picture of recent EU law developments. In section three, the nexus between private enforcement and transparency is investigated. A comparative perspective is offered in section four by looking into private enforcement in five Member State jurisdictions. Finally, issues relating to causation, harm and indirect purchasers are explored in section five.

Product Details

ISBN-13:	9781849467629
Publisher:	Bloomsbury Academic
Publication date:	01/14/2016
Series:	Swedish Studies in European Law , #8
Edition description:	UK ed.
Pages:	384
Product dimensions:	6.14(w) x 9.21(h) x 0.88(d)

About the Author

Maria Bergström is Associate Professor of European Law at Uppsala University, Sweden.
Marios Iacovides is Associate Professor in EU Law, Faculty of Law & Senior Lecturer in Commercial Law, Department of Business Studies, Uppsala University and Academy Researcher of the Royal Swedish Academy of Letters, Sweden.
Magnus Strand is Doctor of Laws in European Law at Uppsala University, Sweden.

Table of Contents

Foreword Judge Carl Wetter v

Editors' Preface vii

Table of Cases xiii

Table of Legislation xxiii

Part I Main Policy Issues and Particular Challenges

1 Introduction to the Directive on Competition Damages Actions Ulf Bernitz 3

2 Private Enforcement of EU Competition Law: A Comparison with, and Lessons from, the US Alison Jones 15

3 Welfare Effects of Right to Damages-A Practical Approach and the Swedish Perspective Lars Henriksson 43

4 Challenges for Swedish Courts: Will the New Directive on Competition Damages Actions Help? Ingeborg Simonsson 65

Part II Private Enforcement and the New Directive in Context

5 The Damages Directive and Other Enforcement Measures in EU Competition Law Vladimir Bastidas Venegas 83

6 Embedding Procedural Autonomy: The Directive and National Procedural Rules Pieter Van Cleynenbreugel 99

7 Private Enforcement of Competition Law in Intellectual Property Cases Paul LC Torremans 121

Part III Transparency, Leniency Programmes, and Human Rights

8 Transparency and Liability in Leniency Programmes: A Question of Balancing? Xavier Groussot Justin Pierce 143

9 Access to Documents for Cartel Victims and Cartel Members-Is the System Coherent? Björn Lundqvist Helens Andersson 165

Part IV Private Enforcement Through National Actions

10 Practical Private Enforcement: Perspectives from Portugal Sofia Oliveira Pais 187

11 Practical Private Enforcement; Perspectives from Poland Anna Piszcz 203

12 Practical Private Enforcement: Perspectives from Finland-Causal Links, the Principle of Effectiveness and Requirements for National Solutions Katri Havu 221

13 Practical Private Enforcement: Perspectives from Greece and the Netherlands Agisilaos Karpetas 235

Part V Harm, Indirect Purchasers, and Alternative Redress

14 Indirect Purchasers-Is there Anything New in the Directive? An Introductory Overview of the Current and Future Status of Indirect Purchasers in the EU Elisabeth Eklund 261

15 Beyond the Competition Damages Directive: What Room for Competition Law Restitution? Magnus Strand 279

16 The Presumption and Quantification of Harm in the Directive and the Practical Guide Marios C Iacovides 295

Appendix: Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union [2014] OJ L349/1 315

Index 335