By: Andrea Biondi, Gabriella Muscolo, Renato Nazzini

ISBN: 9789403513027

Published: 11 Jan 2022

After the Damages Directive in a comparative and interdisciplinary approach provides a comprehensive study of the implementation of the Damages Directive in all Member States of the European Union and the United Kingdom. Designed to deter anticompetitive conduct and ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. The book examines the implementation of the Directive in its broader legal context with a meaningful comparison of the law and practice in all relevant jurisdictions.

What’s in this book:

The contributors in their more detailed chapters – all experts in the use of EU competition law in their respective jurisdictions – cover the provisions of the Directive, including the following:

-       requirement of full compensation;

-       rules preventing overcompensation;

-       court’s power to estimate damages that cannot be precisely quantified;

-       joint and several liability for infringing undertakings;

-       coordination between public and private enforcement;

-       provisions related to passing-on;

-       certain rules on admissibility of evidence;

-       rules on limitation periods; and

-       consensual dispute resolution.

How this will help you:

By adopting an interdisciplinary and polycentric approach this book provides much-needed insight into judicial practice and thinking, the economic processes and strategies relevant to damages, and the coordination between public and private enforcement. The expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their jurisdictions and into the problems that have arisen or might arise in the future.

Table Of Contents:

Editors

Contributors

Foreword

Preface

Introduction

Andrea Biondi, Gabriella Muscolo & Renato Nazzini

Austria

The Damages Directive in Austria

Ralp Taschke

A Practitioner View

Florian Neumayr

The Damages Directive in Belgium

Jacques Steenbergen

The Damages Directive in Bulgaria

Peter Petrov

The Damages Directive in Croatia

Jasminka Pecotic´ Kaufman

The Damages Directive in Cyprus

Constantinos Kombos

The Damages Directive in Czech Republic

Lucie Mikulíková & Michael Mikulík

The Damages Directive in Denmark

Michael Herbing

The Damages Directive in Estonia

Elo Tamm

The Damages Directive in Finland

Toni Kalliokoski, Liisa Tarkkila & Katri Havu

France

The Damages Directive in France

Muriel Chagny

A View from the Bench

Jacqueline Riffault-Silk

An Economist View

Gildas de Muizon

The Damages Directive in Germany

Soyez Volker

An Economist View

Thilo Klein, Christopher Milde & Sebastian Theuer

The Damages Directive in Greece

Lefkothea Nteka & Assimakis Komninos

A View from the Bench

Ioannis Symplis

The Damages Directive in Hungary

Barnabás Gergely & Tihamér Tóth

The Damages Directive in Ireland

Mary Catherine Lucey

Italy

The Damages Directive in Italy

Marina Tavassi

A Practitioner View on Private Antitrust Enforcement in Italy after the Damages Directive

Enrico Adriano Raffaelli

Economic Analysis in Private Enforcement

Ginevra Bruzzone & Michele Carpagnano

The Damages Directive in Latvia

Ugis Zeltinš

The Damages Directive in Lithuania

Dina Lurje & Pavel Jacunskij

The Damages Directive in Luxembourg

Théa Harles-Walch

The Damages Directive in Malta

Sylvann Aquilina Zahra

The Damages Directive in the Netherlands

Pieter Huizing & Wouter Meester

The Damages Directive in Poland

Anna Gulinska & Piotr Machnikowski

The Damages Directive in Portugal

Miguel Sousa Ferro & Rita Luís Leitão

The Damages Directive in Romania

Oana Stefan

The Damages Directive in Slovak Republic

Michaela Nosa

The Damages Directive in Slovenia

Emilija Horvat & David Vogrinec

Spain

The Damages Directive in Spain

Carmen Herrero & Julia Suderow

A View from the Bench

Mercedes Pedraz Calvo

An Economist View

Stefano Trento & Elena Zoido

Sweden

Lars Henriksson

United Kingdom

The Damages Directive in the United Kingdom

Anneli Howard QC

A View from the Bench

Sir Peter Roth & Samuel Buyoya

An Economist View

Joseph Bell