基本説明
With a strong focus on European Union law, US law, and national laws of the EU Member States.
Full Description
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.
Contents
"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;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'"
