Damages Actions and Competition Law
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- Product Id:
- ukprod9781405718318DACL
- Product Code:
- DACL
- ISBN/ISSN:
- 9781405718318
- Publication Date:
- 25/06/2014
- Format:
- Price:
- £225.00
This comprehensive new title covers civil tort remedies and actions for damages in competition law. With a strong focus on European Union law, US law, and national laws of the EU Member States, this fully up-to-date work takes into account the most recent EU and national developments.
PART I - Tort Remedies in Competition Law
1. Introduction and overview
2. EU competition law
3. Effectiveness, remedies, and procedure in EU law
4. Models for the development of private tort remedies in national law
5. Green Paper proposals and follow-up reforms
PART II - The cause of action<br />
6. Articles 81-82 EC: Substance of the prohibitions, evidence and proof
7. The merger regime and its implications for private litigation
8. The problem of the causes of action
9. The applicable law
10. Standing and indirect purchaser
11. Fault
12. Causation
13. Damages
14. The impact of the leniency regimes on damages
15. Injunctions and declarations
PART III - Procedure and Evidence
16. Jurisdiction
17. Pleadings
18. Interim measures
19. Disclosure
20. Evidence
21. The impact of the leniency regimes on disclosure and evidence
22. The role of expert evidence
23. Burden and standard of proof
24. The national instances: trial and appellate jurisdictions
25. References to the European Court of Justice
26. Finality (Res judicata) and enforcement of judgments
27. Multi-party litigation and collective/representative actions
28. International Commercial Arbitration
29. Organising Parallel Proceedings
PART IV - General Conclusion
30. Models of EU competition law litigation between harmonization and 'procedural autonomy'
By Professor Mads Andenas, MA, DPhil (Oxford); PhD (Cambridge), Senior Research Fellow in Company and Commercial Law, Barrister (England and Wales, Middle Temple), Brick Court Chambers. Consultant Editor: Guido Alpa, President of the Italian Law Society
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