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Enforcement of Competition Law in Europe

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ISBN-10: 0521881102

ISBN-13: 9780521881104

Edition: 2007

Authors: Andreas Heinemann, Thomas M. J. M�llers, David J. Gerber

List price: $242.00
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Description:

In the debate on the enforcement of competition law, many take the view that Europe should avoid the traps US law has fallen into by admitting excessive litigation. European law should not pave the way for judicial proceedings which ultimately serve the interests of lawyers or other agents rather than injured parties. This inquiry describes the state of remedies in competition law in fifteen European countries, analyses the underlying determinants, and proposes ways of improving the enforcement of competition law. The International and European legal frameworks are presented, as is the approach of US-American law. It is argued that efforts to strengthen private enforcement of antitrust law…    
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Book details

List price: $242.00
Copyright year: 2007
Publisher: Cambridge University Press
Publication date: 1/10/2008
Binding: Hardcover
Pages: 740
Size: 5.75" wide x 9.00" long x 2.00" tall
Weight: 2.838
Language: English

Preface
Contributors to the volume
Abbreviations (including legislation)
Introduction
Remedies in Unfair Competition and Consumer Protection Law
Setting the basics - the legal framework
Approach of this comparative study
The legal background in the different Member States in unfair competition law
The European context of unfair competition law
Enforcement and sanctions under US - American unfair competition law
Contemporary solutions: the case studies
Objects of claim - the sanctions
Risky bread: order to cease and desist, elimination, publication
Watch imitations I: interim injunction
Whisky: damages and discovery
Plaintiffs and defendants
Children's swing: attracting customers - the different plaintiffs
Discontinued models: misleading advertisement - the consumer as plaintiff
Child labour: civil and criminal law
Recycled paper: advertising agencies and the press as defendants
Out-of-court settlements of disputes
Watch imitations II: pre-trial measures
Results and conclusions for remedies in unfair competition law
Summary of theses
Proposed draft
Instead of closing words - methods of harmonizing European law
Graphics
Remedies in Antitrust Law
Introduction
Methodological note
National antitrust law - a survey
The European context of antitrust law
Private enforcement of competition law: a comparative perspective
Private enforcement in US antitrust law
Competition law in Europe: administrative centrality
Incorporating private enforcement into European competition law: comparative perspectives
Concluding comments
Case studies
Objects of claim
Predatory price undercutting agreements - forbearance (cease-and-desist order)
Abuse of a dominant market position against a competitor - damages
Boycott - pre-trial measures and temporary relief
Plaintiffs and defendants
Horizontal restraints of competition - consumer claims against general cartel effects
Horizontal restraints of competition - validity of subsequent contracts
Vertical restraints of competition - resale price maintenance
Selective distribution and refusal to deal
Conclusions
The overall results of the country reports
Measures for the strengthening of private enforcement
Conflict of laws
European harmonization of remedies in antitrust law?
Conclusion
Outlook: the link between unfair competition law and antitrust law
Reasons for the different weight of private enforcement in unfair competition and antitrust law
Unfair competition law remedies as a model for antitrust law?
Examples
Standing of consumers
Standing of consumer protection associations
Future prospects
Bibliography
General index
Index by state