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This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions. For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the "Pre-Directive era". In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of "interests". For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it. Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States.

European law --- Economic law --- European Union --- Concurrence --- Droit commercial (droit européen) --- E-books --- Droit européen --- European Union countries. --- Antitrust law. --- Antitrust law

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This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions. For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the “Pre-Directive era.” In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of “interests.” For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it. Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States.

European law --- Economic law --- European Union --- Antitrust law --- Law enforcement --- Restraint of trade --- Damages --- Comparative law --- Concurrence --- Lois --- Dommages-intérêts --- Droit comparé --- Droit --- Application --- Restrictions --- E-books --- Handelsrecht (Europees recht) --- Droit européen

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Commercial law

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Ce recueil rassemble et commente l’essentiel des décisions de justice rendues par les juridictions françaises sur la réparation des dommages causés par les pratiques anticoncurrentielles (private enforcement). Y sont abordées les principales difficultés auxquelles juges et parties sont susceptibles d’être confrontées : la prescription, la compétence, la preuve, l’établissement des conditions de la responsabilité civile des auteurs de pratiques anticoncurrentielles, et l’évaluation des préjudices causés par ces pratiques (ententes et abus de position dominante). La collaboration d’un universitaire et d’un expert économique permet ainsi de répondre à la question essentielle du private enforcement : comment et combien ?

Contentieux de la concurrence --- Concurrence --- Restrictions --- France

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