A More Forceful Collective Redress Schemes in the EU Competition Law

2016 ◽  
Vol 18 (4) ◽  
pp. 451-477
Author(s):  
Žygimantas Juška
Keyword(s):  
Competition Law ◽  
Collective Redress ◽  
Eu Competition Law ◽  
The Eu

scholarly journals A panacea for competition law damages actions in the EU? A comparative view of the implementation of the EU Antitrust Damages Directive in sixteen Member States

2019 ◽  
Vol 26 (4) ◽  
pp. 480-504
Author(s):  
Barry J Rodger ◽  
Miguel Sousa Ferro ◽  
Francisco Marcos
Keyword(s):  
Competition Law ◽  
Member States ◽  
Joint Liability ◽  
Eu Directive ◽  
Collective Redress ◽  
Eu Competition Law ◽  
Original Contribution ◽  
Developing Area ◽  
Selection Of ◽  
The Eu

This article makes an original contribution to the literature on the developing area of private enforcement of EU competition law. It delivers a significant, rigorous and comprehensive analysis of the transposition across a broad selection of Member States (MS) of a major EU Directive introduced with the aim of harmonizing and facilitating competition law damages actions across the EU. It looks at the implementation of the Directive 2014/104/EU in sixteen MS. It analyses the solutions followed by each of those MS in addressing the various issues raised by the Directive (liability and compensation, joint liability, statute of limitations, quantification of harm, passing-on defence and indirect purchasers claims, access to evidence and collective redress).

Part III Comparative Analysis of the Transposition Processes and Outcomes, 21 Concluding Remarks

2018 ◽  
Author(s):  
Rodger Barry ◽  
Ferro Miguel Sousa ◽  
Marcos Francisco
Keyword(s):  
Comparative Analysis ◽  
Competition Law ◽  
Private Enforcement ◽  
Practical Application ◽  
Legal Provision ◽  
Joint And Several Liability ◽  
Competition Law Enforcement ◽  
Collective Redress ◽  
Eu Competition Law ◽  
The Eu

This chapter reflects on how the book has examined the implementation of the EU's Antitrust Damages Directive across a selected number of key Member States and how its transposition has impacted on one particular aspect of the EU competition law enforcement framework: private enforcement through competition damages claims. It has discussed the national transposition processes, debates, and final measures introduced and implemented, and how best to incorporate the Directive within the pre-existing national legal provision, as well as considering some of the key problems in implementing the Directive. A number of unresolved and complicated issues have been identified, such as those relating to the practical application of the rules on the presumption of harm, passing-on and quantification of damages, how to determine liability within groups of companies, how to apportion joint and several liability between co-infringers, and consumer/collective redress in the competition law context.

Concentrations in the Aviation Sector: How to maintain the level playing field for airlines and airports?

2021 ◽  
Vol 24 (3) ◽  
pp. 485-511
Author(s):  
Valentine Lemonnier
Keyword(s):  
Competition Law ◽  
Air Transport ◽  
Transport Sector ◽  
Level Playing Field ◽  
Playing Field ◽  
Market Participants ◽  
Free Competition ◽  
Eu Competition Law ◽  
Different Types ◽  
The Eu

Before the Covid-19 pandemic hit, the scheduled passenger air transport sector was already subject to several horizontal concentrations. The mix of free competition and strict regularization in the air transport sector in the EU raises the question whether the current framework will still be able to provide a level playing field to the market participants, notably airlines and airports. The study focusses on how EU competition law has influenced horizontal concentrations (i.e. mergers and horizontal co-operations) in the scheduled passenger air transport sector. The results of the discussion are the basis for a reflection of the effects of different types of horizontal concentrations on the negotiation power of airlines vis-à-vis airports. A third focus of the study is the identification of regulatory weaknesses with regard to airport financing under the Airport Charges Directive (Directive 2009/12/EC), how those weaknesses benefit airlines and how they might interfere with efforts made under the application of competition law.

scholarly journals A Note on 2015 Developments in Polish Competition Law: Is it Really a Drive Towards the European Model?

2016 ◽  
Vol 9 (14) ◽  
Author(s):  
Anna Piszcz
Keyword(s):  
Competition Law ◽  
Considerable Part ◽  
Member States ◽  
European Model ◽  
Eu Competition Law ◽  
Recent Developments ◽  
Conscious Intention ◽  
Further Development ◽  
The Eu

Modern Polish competition law has become highly regulated and codified over the twenty five years of its existence and this article will provide readers with information relating to its recent developments of 2015. Separate subsections present a review of provisions on remedies in infringement decisions as well as settlements. A considerable part of this paper is designed to outline the peculiarities that characterize Poland’s new provisions on fines. Further on, the paper introduces readers to newest trends in the area of concentration control between undertakings. In addition, an assessment of recent developments and suggestions for a further development of Polish competition law are reviewed in the EU context. The conscious intention of the author is to analyse whether the EU competition law pattern, often regarded as a model for Member States, has been used to develop Polish competition law. Has the latter been amended to look more, or less like EU competition law? Has Polish competition law shown the capacity to absorb the best elements of EU competition law into itself? How is the outcome aligned with the declared direction of these amendments?

scholarly journals Distribution of new cars – no longer an issue for EU competition law?

2021 ◽  
Vol 21 (4) ◽  
pp. 371-383
Author(s):  
Václav Šmejkal
Keyword(s):  
European Commission ◽  
National Level ◽  
Competition Law ◽  
Automotive Sector ◽  
Eu Member States ◽  
Eu Competition Law ◽  
Car Sales ◽  
Year 2000 ◽  
Block Exemption ◽  
The Eu

Abstract Distribution cartels in the automotive sector used to be frequently dismantled and sanctioned by the European Commission and the EU Courts still some 15 years ago. In recent years, however, only a few cases have been reported at the national level of EU Member States. Is it because the distribution of new cars really ceased to be a competition problem as the European Commission declared when it removed this part of the automotive business from the specific Block Exemption Regulation for the automotive sector in 2010? The purpose of the present analysis is first to inspect the car distribution cases that emerged in the EU after the year 2000 and, second, to speculate somewhat whether new forms of distribution, brought by the digitalization of marketing and sales, cannot bring about also new risks to cartel agreements and other types of distortions of competition in car sales.

Part I Introduction, 1 Introduction

2018 ◽  
Author(s):  
Wijckmans Frank ◽  
Tuytschaever Filip
Keyword(s):  
Competition Law ◽  
Historical Background ◽  
Private Enforcement ◽  
Eu Law ◽  
Public And Private ◽  
The Public ◽  
Eu Competition Law ◽  
Before And After ◽  
Public And Private Enforcement ◽  
The Eu

This chapter explains the term ‘vertical agreements’ and what it covers. It addresses a number of general issues that are relevant to the EU competition law treatment of vertical agreements in general. It describes the implementation and the (public and private) enforcement of Article 101 TFEU before and after the entry into force of Regulation 1/2003. The chapter provides the historical background of both Regulation 330/2010 and Regulation 461/2010. In particular, it devotes specific attention to the nature and legal and practical consequences of soft EU competition law (in the form of notices, guidelines, etc) as opposed to hard EU competition law (provisions of primary and secondary EU law).

5. The legal framework

2021 ◽  
pp. 48-54
Author(s):  
Ariel Ezrachi
Keyword(s):  
Mergers And Acquisitions ◽  
Competition Law ◽  
Legal Framework ◽  
Monopoly Power ◽  
Antitrust Law ◽  
Eu Member States ◽  
Eu Competition Law ◽  
The Us ◽  
Restraint Of Trade ◽  
The Eu

‘The legal framework’ outlines the key competition provisions currently in the US and EU. Like in most other jurisdictions, EU and US laws include competition provisions that are used to address antitrust violations such as anti-competitive agreements or abuse of monopoly power. They also include laws dealing with proposed mergers and acquisitions. The US Antitrust Law prohibits contracts and agreements between two or more individuals or entities in restraint of trade or commerce. Meanwhile, EU competition law prohibits agreements between ‘undertakings’ that have, as their object or effect, the prevention, restriction, or distortion of competition, and affect trade between the EU member states.

23. Particular sectors

2021 ◽  
pp. 1019-1055
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
Transport Sector ◽  
Current Debate ◽  
Electronic Communications ◽  
Digital Platforms ◽  
Military Equipment ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Uk ◽  
The Eu

This chapter deals with four issues. First it will briefly examine three sectors of the economy that are wholly or partly excluded from EU competition law, namely nuclear energy, military equipment and agriculture; the special regime that once existed for coal and steel products under the former European Coal and Steel Community (‘the ECSC’) Treaty is also mentioned in passing. Secondly, it will explain the application of the EU competition rules apply to the transport sector. Thirdly, the chapter will consider the specific circumstances of four so-called ‘regulated industries’, electronic communications, post, energy and water, where a combination of legislation, regulation and competition law seek to promote competition. Last, but by no means least, the current debate concerning digital platforms is discussed where it is likely that ex ante regulatory rules will be introduced, both in the EU and the UK, to address concerns about anti-competitive conduct and a tendency towards the monopolisation of markets.

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