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ISBN: 9783843399579
Category :
Languages : en
Pages : 0
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Author:
Publisher:
ISBN: 9783843399579
Category :
Languages : en
Pages : 0
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Author: Assimakis P. Komninos
Publisher:
ISBN: 9789279146855
Category :
Languages : en
Pages : 159
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Book Description
"The Commission published its 'White Paper on Damages Actions for Breach of the EC Antitrust Rules' in April 2008 (the White Paper). This emphasises the principle, as established in EU case law, that any citizen or business suffering harm as a result of a breach of EU antitrust rules (Articles 101 and 102 of the Treaty on the functioning of the European Union, TFEU) must be able to claim reparation from the party responsible for the breach. Victims are entitled to compensation for actual loss (damnum emergens) and for loss of profit (lucrum cessans), plus interest from the time the damage occurred until the capital sum awarded is actually paid. (...) Throughout, the report illustrates current practice in damages actions in courts across Europe (and beyond) by describing some of the different legal approaches in different jurisdictions and providing concrete case examples, and by relating these to the concepts presented in the report."--Exec. summary.
Author: Frank P. Maier-Rigaud
Publisher:
ISBN:
Category :
Languages : en
Pages : 45
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Book Description
If a damage claim is pres ...
Author:
Publisher: American Bar Association
ISBN: 9781616327668
Category : Antitrust law
Languages : en
Pages : 326
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Book Description
Author:
Publisher:
ISBN: 9781634259767
Category : Antitrust law
Languages : en
Pages : 377
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Book Description
Impact : injury and causation -- Antitrust injury and standing -- Statute of limitations -- Quantifying damages -- Economic and financial concepts -- Econometrics and regression analysis -- Evaluating the scientific validity of a damages model -- Overcharges -- Damages in exclusionary conduct cases -- Proof of Robinson-Patman act damages -- Proving antitrust damages in jurisdictions outside the United States
Author: Martijn A. Han
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Victims of antitrust violations can recover damages in court. Yet, the quantification of antitrust damages and to whom they accrue is often complex. An illegal price increase somewhere in the chain of production percolates through to the other layers in a ripple of partial pass-ons. The resulting reductions in sales and input demands lead to additional harm to both downstream (in)direct purchasers and upstream suppliers. Nevertheless, U.S. civil antitrust litigation is almost exclusively concerned with direct purchaser claims for (treble) damages calculated on the basis of the overcharge. Similar best practice rules are emerging in Europe. In this paper, we show that there is no structural relationship between the direct purchaser overcharge and the true harm inflicted by an antitrust violation on all of the direct and indirect purchasers and sellers in the chain of production.
Author: Kevin Scott Marshall
Publisher: Lawyers & Judges Publishing
ISBN: 9781933264455
Category : Business & Economics
Languages : en
Pages : 375
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Book Description
The focus of this text is to teach and illustrate the fundamentals of microeconomics as it relates to the administration and enforcement of antitrust laws both domestically and internationally. The chapters instruct as to the fundamentaleconomic constructs relevant to the analysis of antitrust injury, as well as address both legal and economic issues with respect to the measurement of antitrust damages. Each chapter provides the student, practitioner, consultant and/or judicial officer critical insight with respect to the analysis and measurement of competitive injury and any resulting business damages. This book is designed to serve as 1) a companion text in any antitrust law class; 2) a supplemental text in any managerial economics class; and 3) a resource to practitioners and consultants in the field of antitrust and industrial organization.The study of antitrust law is an interdisciplinary endeavor. While the traditional case method approach provides a solid introductory foundation, such an approach, absent any applied economic theory, will likely result in a stale, task-oriented classroom and/or jurisprudential environment, primarily devoted to categorizing an evolving common law history. Given the arbitrarily imposed time constraints imposed by an institutional semester or an administrative judge, one cannot expect to teach or learn all the intricacies of microeconomics, but since an understanding of microeconomics fundamentals will result from an understanding of the underlying assumptions of the model of perfect competition, one can expect to achieve a certain level of competence in their application.Each of the contributing authors is recognized for his or her scholarship and expertise in the antitrust regulatory field. The totality of their varied backgrounds and experiences not only illustrates the robust nature of the book's contents, but also illustrates the profound interdisciplinary nature of regulating competition in the markets of the world.
Author: Einer Elhauge
Publisher: Edward Elgar Pub
ISBN: 9781781001967
Category : Business & Economics
Languages : en
Pages : 409
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Book Description
One might mistakenly think that the long tradition of economic analysis in antitrust law would mean there is little new to say. Yet the field is surprisingly dynamic and changing. The specially commissioned chapters in this landmark volume offer a rigorous analysis of the field's most current and contentious issues. Focusing on those areas of antitrust economics that are most in flux, leading scholars discuss topics such as: mergers that create unilateral effects or eliminate potential competition; whether market definition is necessary; tying, bundled discounts, and loyalty discounts; a new theory of predatory pricing; assessing vertical price-fixing after Leegin; proving horizontal agreements after Twombly; modern analysis of monopsony power; the economics of antitrust enforcement; international antitrust issues; antitrust in regulated industries; the antitrust-patent intersection; and modern methods for measuring antitrust damages. Students and scholars of law and economics, law practitioners, regulators, and economists with an interest in industrial organization and consulting will find this seminal Handbook an essential and informative resource.
Author:
Publisher: American Bar Association
ISBN: 9781604428780
Category : Law
Languages : en
Pages : 308
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Book Description
Author: Xue Gan
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 0
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Book Description
Article 50 of the Anti-Monopoly Law of China (AML) 2007 and its complementing rules, the Judicial Interpretation 2012 of the Supreme People's Court (SPC), have provided a legal framework for the antitrust damages action in China. However, the general and ambiguous language of Article 50 and the Judicial Interpretation 2012 fails to provide clear guidance for the courts and parties to antitrust damages actions, in terms of key issues, such as quantification of antitrust damages and the availability of collective action. Moreover, the current framework provided by the AML 2007 has not touched on some controversial issues, such as whether damages litigation is possible against antitrust violations conducted by an administrative agency. These weakness and gaps have impeded the development of the antitrust damages mechanism in China.Meanwhile, the EU has adopted Directive 2014/104 to facilitate private enforcement of competition law in the Member States. Due to the similarity in the combined public/private enforcement model of competition law between the EU and China, the thesis adopts the private enforcement mechanism of EU competition law, as a comparative reference. In doing so, the thesis seeks to fill in some gaps in the existing antitrust damages mechanism provided by the AML 2007, by focusing not only on civil procedural issues in the antitrust damages action against private anticompetitive behaviour, but also examining the administrative litigation procedures and substantive issues involved in the antitrust damages action against administrative monopoly.Regarding the debate on compensation vs. deterrence as goals of antitrust damages actions in China, the thesis contributes to this debate, by submitting that full compensation should be the goal actively pursued by antitrust damages actions, while deterrence, as a side effect of antitrust damages actions, complements optimal deterrence pursued by public enforcement of the AML. Then the thesis examines the quantification of antitrust damages which is directly linked to the achievement of full compensation.The thesis also seeks to propose a workable collective action mechanism for antitrust damages actions in China, which is indispensable to achieving full compensation in an antitrust mass harm situation. By referring to the recent reform of collective actions adopted in the UK, where opt-out collective proceedings have been introduced into the antitrust collective action, the thesis finds that opt-out proceedings would be a good incentive to support the initiation of antitrust damages litigation in China, while proper limitations are needed to be imposed on its application in order to avoid US-style unmeritorious litigation.In addition to private anticompetitive behaviour, the thesis also explores the antitrust damages mechanism against public anticompetitive behaviour, from both substantive and procedural perspectives. It finds that a proportionality test would be an approach to consider when assessing whether an anticompetitive administrative measure is justified on the grounds of public interest, or alternatively whether such regulation or behaviour amounts to abusive and ultimately illegal conduct. In the procedural aspect, the thesis proposes a two-step procedure, including first, judicial review of the alleged measure, and second, the follow-on damages assessment; and the requirement for a compulsory linkage to be established between them.
