Competition Damages Actions in the EU and the UK


Competition Damages Actions in the EU and the UK

Law and Practice

3rd edition

9781802209273 Edward Elgar Publishing
David Ashton, Secretariat of the Committee on the Internal Market and Consumer Protection, European Parliament, Brussels
Publication Date: 2023 ISBN: 978 1 80220 927 3 Extent: 588 pp
Competition Damages Actions in the EU and the UK is the clearest and most coherent reference point on damages actions for breach of EU competition law.

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Critical Acclaim
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Competition Damages Actions in the EU and the UK is the clearest and most coherent reference point on damages actions for breach of EU competition law.

This significantly expanded, restructured, and updated edition sets out the law in relation to actions for damages for loss caused by infringements of articles 101 and 102 of the TFEU, in both the EU and UK. The book now provides detailed guidance on the jurisprudence emanating from both jurisdictions, with careful reference, as in previous editions, to Directive 2014/104, and incorporating additional detail throughout on the variations in practice and interpretation in key member states.

The book provides guidance on substantive issues, such as quantification of loss and pass-on, as well as evidentiary issues, such as access to documents, particularly in the context of leniency programmes, and the probative value of competition authority decisions. New to this edition is extensive treatment of collective redress in the EU and collective proceedings in the UK. In addition, the book has been restructured so that material on the parties to litigation and limitation, for example, are clearly presented in new chapters.

Key features of the third edition include:

• The first major substantive volume to set out the law relating to actions for damages under EU competition law in both the EU and UK

• Comprehensive and clearly structured reference point for this complex field

• Updates on national developments from key jurisdictions

• Increased material on jurisdiction

• Extensive treatment of collective action

The new edition of this comprehensive reference work remains a must-have resource for all competition practitioners in the EU and UK – from lawyers in private practice to in-house counsel, and from judges to officials at competition enforcement agencies.
Critical Acclaim
‘Witnessing the advancement of private redress for competition infringements in the EU over the past 15 years has been one of the great joys of my professional life. David Ashton''s book combines an excellent and up-to-date comparative and analytical perspective on national developments with an accessible practitioners’ guide for quantification of damages. It is a fine addition to the bookshelves of scholars and advocates’
– Michael D. Hausfeld, Chair Emeritus, Hausfeld LLP

‘This book provides a comprehensive and up-to-date overview of the key issues relating to competition damages actions, one of the most dynamic areas in competition law in the EU and the UK. The involvement of experienced practitioners ensures a very high degree of practical relevance across the key jurisdictions in Europe.’
– Till Schreiber, CDC Cartel Damage Claims

‘An excellent book providing a practitioner-oriented overview of key aspects for the effective enforcement of competition damages claims throughout the European Union, with detailed examination of the specifics and the challenges inherent to the actual conduct of competition cases in front of the national courts.’
– Vasil Savov, CDC Cartel Damage Claims
Contributors: Pedro Callol, Rick Cornelissen, Marco Grantaliano, Florian C. Haus, Elselique Hoogervorst, Toni Kalliokoski, Jorge Manzarbeitia, Francesco Maria Salerno, Scott Martin, Alice Setari, Paul Sluijter
Contents: Foreword Introduction The legal basis of the right to damages Jurisdiction The law applicable to the claim Directive 2014/104/EU: Temporal scope The parties to litigation Limitation Harm Damages I Damages II Proving the infringement Further issues relating to evidence – I Further issues relating to evidence – II: Publication of information relating to an infringement by the Commission or an NCA Procedural issues Parameters to claims, including causation Collective redress in the EU Collective proceedings in the UK Quantification of antitrust damages: Frank Maier-Rigaud and Ulrich Schwalbe
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