EU competition litigation : : transposition and first experiences of the new regime / / edited by Magnus Strand, Vladimir Bastidas Venegas, Marios C Iacovides.

• Superior document: Swedish Studies in European Law
• Author: EU Competition Law and the New Private Enforcement Regime: First Experiences from Its Implementation (Conference) Uppsala universitet).
• TeilnehmendeR: Strand, Magnus,; Bastidas Venegas, Vladimir, 1974-; Iacovides, Marios C.,; Swedish Network for European Legal Studies,
• Place / Publishing House: Oxford, England : : Hart,, [2019]; ©2019
• Year of Publication: 2019
• Language: English
• Series: Swedish Studies in European Law
• Physical Description: 1 online resource (xxviii, 241 pages)

"All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The directive (and the soft-law instruments accompanying it) does not only mark a new phase for private enforcement of competition law but also, more generally,...

Table of Contents

• Intro
• Foreword
• Editorial Preface
• Table of Contents
• Table of Cases
• Table of Legislation
• PART I: ROLLING OUT THE NEW PRIVATE ENFORCEMENT REGIME
• 1. EU Competences and the Damages Directive: The Continuum Between Minimum and Full Harmonisation
• I. Introduction
• II. The Directive as Minimum Harmonisation of the Right to Damages
• III. The Member States' Competence Continuum
• IV. Conclusions and Outlook
• 2. The State of Private Enforcement of Competition Law: A Practitioner's Perspective
• I. Introduction
• II. Damage Quantification and Interest
• III. Passing-on Defence and Indirect Purchasers
• IV. The Disclosure of Evidence Inter Partes
• V. Access to Information from Competition Authorities
• VI. Joint and Several Liability and Choice of Defendants
• VII. Jurisdiction and Applicable Law
• VIII. Considerations on the Choice of Forum
• IX. Litigation Funding and Claims Bundling
• X. Conclusion
• 3. Managing Transposition and Avoiding Fragmentation: The Example of Limitation Periods and Interest
• I. Limitation Periods and Interest in Competition Damages
• II. Directive 2014/104 on Limitation Periods and Interest
• III. Transposing the Relevant Passages into Swedish Law
• IV. The Practical Consequences of the Transposition
• V. Discussions and Conclusions
• 4. A First Look at the Portuguese Act 23/2018 Transposing the Private Enforcement Directive
• I. The Transposition Procedure of the Private Enforcement Directive
• II. The Scope of the Portuguese Act
• III. Exclusive Competence of the Specialised Portuguese Court for Competition Regulation and Supervision
• IV. Substantive Solutions
• V. Amendments beyond the Implementation of the Directive: Collective Redress
• VI. Conclusion
• PART II: BALANCING PUBLIC AND PRIVATE ENFORCEMENT.
• 5. Private Enforcement of Public Law - An Inconsistent Approach to Remedies?
• I. Private Enforcement in General
• II. Behavioural Remedies in Swedish Competition Law
• III. Subsidiary Claims in Swedish Law
• IV. The Effects of the Subsidiary Right to Litigate
• V. Concluding Remarks
• 6. The Binding Effects of Decisions and Judgments under EU Competition Law
• I. Introduction
• II. Court Judgments in Subsequent Domestic Court Proceedings
• III. Court Judgments in Cross-border Situations
• IV. Judgments in Subsequent Administrative Proceedings
• V. CA Decisions in Subsequent Administrative Proceedings
• VI. CA Decisions in Subsequent Proceedings before Domestic Courts
• VII. CA Decisions before Courts in Cross-border Situations
• VIII. Commission Decisions in Subsequent Proceedings before Courts
• IX. Commission Decisions in Subsequent Proceedings before CA
• X. Concluding Remarks
• 7. Facilitating Follow-on Actions? Public and Private Enforcement of EU Competition Law After Directive 2014/104
• I. Introduction
• II. The Tasks of Public and Private Enforcement
• III. Encouraging Private Action by Public Action
• IV. Damages as Part of Public Enforcement
• V. Concluding Discussion
• 8. The Practical and Legal Effects of National Decisions in Subsequent Damages Actions
• I. Article 9 of the Directive
• II. The Transposition of Article 9 in Swedish Law
• III. Analysis of Article 9: A Swedish Example of Inconsistencies
• IV. Conclusions
• 9. The Quest for Evidence - Still an Uphill Battle for Cartel Victims?
• I. Introduction
• II. Taking the Risk of Going to Court
• III. The Directive's Provisions on Disclosure
• IV. Accessing the Commission's Case File
• V. Accessing Information through the Commission's Infringement Decisions - The Evonik Degussa Case
• VI. Joining the Dots.
• PART III: SOLVED AND UNSOLVED ISSUES IN PRIVATE ENFORCEMENT
• 10. Damages Actions in Article 102 TFEU Cases: The New Frontier for Private Enforcement
• I. Introduction
• II. Distinctive Features of Article 102 TFEU Civil Litigation
• III. The Conditions for Establishing Civil Liability
• IV. A Swedish Case Study: Telia Follow-on Damages
• 11. Implementing the Rules of the Damages Directive on Joint and Several Liability: The SME Derogation
• I. Introduction
• II. Exception for 'Failing SMEs': Background
• III. SME Status
• IV. Applicable Conditions for the 'Failing SME' Exception
• V. The Extent of SME Liability
• VI. Anticipated Consequences and the Assessment
• 12. Causation and Damage: What the Directive Does Not Solve and Remarks on Relevant EU Law
• I. Introduction
• II. The Requirement and Notion of Full Compensation
• III. The Full Effect, Effective Application and Practical Effects of Articles 101 and 102 TFEU
• IV. Remote Damages, and Long and Complex Causal Links
• V. Causation and Damage-related Presumptions and Facilitations
• VI. Concluding Remarks
• 13. The Presumption of Harm and its Implementation in the Member States' Legal Orders
• I. Introduction
• II. The Legal Nature and Scope of Application of the Presumption of Harm
• III. The Implementation of the Presumption of Harm in Member States' Laws: Open Issues
• IV. Conclusion
• 14. Article 17(3) of the Damages Directive and the Interaction Between the Swedish Competition Authority and Swedish Courts
• I. Introduction
• II. The Legislative History of Article 17(3)
• III. The Aim of Article 17(3)
• IV. Some Relevant Swedish Context
• V. The Non-transposition of Article 17(3) in Swedish Law
• VI. Conclusions
• Index.