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Damages Claims for the Infringement of EU Competition Law
Damages Claims for the Infringement of Competition Law addresses the current state of the law in the EU on damages claims for the infringement of EU competition law by combining a theoretical with a practical perspective. The work first focuses on the relevant EU acquis, examining all aspects of EU law that may be relevant to damages claims (whether brought by a consumer or not) such as those concerning fault, alternative dispute resolution, as well as private international law instruments. The book then delves into the economic underpinnings of claims for damages, including optimal enforcement theory and damages and the legal standards of liability, the evaluation of damages for cartels, exploitative conduct and exclusionary conduct. The work also examines collective actions (legal regime and financing aspects), the interaction between damages claims and public enforcement, causation as well as issues relating to multi-jurisdictional enforcement and damages claims.
The book provides a discussion of the emerging field of competion law damages and explores the important questions it raises about the use of the traditional tort law catergories in an area of law that is heavily infused with economic analysis. It combines a corrective justice perspective with an empirical and theoretical analysis of the practice of competiton law damages in various jurisdictions in Europe. Rather than adopting the traditional economic analysis law of approach, the authors respect the autonomy of the fields of law and economics, while attempting to identify the areas of conflict that may emerge when economic concepts and categories are integrated in the legal system.
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What Reviewers Are Saying
As an advanced introduction to the law and economics of competition damages action in the EU, the volume constitutes a great resource for legal practitioners pioneering the area but equally to students and academics looking for a thorough yet compact discussion of those issues that really matter ... In the brave new world of multi-jurisdictional competition law enforcement characterized by large areas of regulatory space still occupied by national rules, Lianos,
Davis and Nebbias book will certainly prove a useful companion to the growing cohort of adventurous spirits engaged in its discovery. * Damien Gerard, Institut de droit de la concurrence * Damages Claims for the Infringement of EU Competition Law is the most up-to-date study of private damages actions in the EU. It contains an enriching account of underexplored topics such as causation and jurisdictional questions...[an] advanced introduction to the law and economics of private damages actions with a wise selection of topics that are covered in sufficient depths. * Dr Sebastian Peyer, University of East Anglia, Global Competition Litigation Review *