Private Enforcement of Antitrust Law in the EU, UK and USA
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Product details:
- Publisher OUP Oxford
- Date of Publication 12 August 1999
- ISBN 9780198268680
- Binding Hardback
- No. of pages308 pages
- Size 253x175x22 mm
- Weight 657 g
- Language English 0
Categories
Short description:
This book provides the first detailed examination of how individuals or companies can enforce their rights under competition law against other private parties in the EU, UK and USA. The author, an experienced practitioner in the field, provides a comparative analysis of how the issues that are central to US private litigation such as locus standi, antitrust injury, methods of proof of damage and the principles of antitrust damage calculation should be addressed in the EU and UK. Specific examples of US case law and the judicial application of damage rules are examined in detail so as to draw practical conclusions for antitrust legislation in Europe.
MoreLong description:
This book provides the first detailed examination of how private individuals and companies can enforce their rights under competition law against other private parties in the EU and UK. It provides a comprehensive analysis of the legal basis for private antitrust enforcement both under EC and the new UK law, and of the available procedures and remedies.
The book then goes on to systematically survey all of the key issues of law and practice that arise in private antitrust litigation in the USA, such as locus standi, antitrust injury, methods of proof of damage, types of damage for which compensation is recoverable, and the principles of antitrust damage calculation. In each case, the author draws upon his experience of such litigation as a practitioner in the USA to set out detailed practical conclusions as to how the same issues should be addressed in the EU and UK.
... Clifford Jones's net achievement is double: he places private enforcement of EC competition law in the more general context of effectiveness of Community law, and at the same time he succeeds in clearing many European misconceptions on the US system of private antitrust enforcement. ... this is an excellent and prescient book that should appeal not just to competition but also to general Community lawyers.
Table of Contents:
Preface by John Temple Lang
Table of Cases
Table of Treaties and Legislation
Introduction
Introduction to comparative antitrust systems
Antitrust enforcement in the US
The EC System: The Treaty of Rome and Regulation 17
The UK System: From administration to prohibition
Foundations of private enforcement in the Community
Remedy principles and the competition rules
Aspects of private antitrust enforcement
Enforcement pluralism in the Community system
The Legal basis of private actions in the UK
Community antitrust claims as a breach of statutory duty
UK antitrust claims as a breach of statutory duty
The Community (antitrust) remedy solution
Prudential limitations on private actions
Limits on permissible private plaintiffs in US law
Special issues of standing and antitrust injury
Limits on permissible private plaintiffs under EC law
Antitrust damage principles in US law
How damages are calculated in particular cases
Damage principles in Community antitrust cases
Conclusions: The labours of Sisyphus
Bibliography
