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Table of Contents
Intro
Acknowledgments
Contents
About the Author
Chapter 1: Introduction
1.1 Overview and Research Purpose
1.2 Methodology
1.3 Terminological Clarification
1.4 Significance of the Book
1.5 Structure of the Book
Table of Cases
European Union (Court of Justice)
Table of Legislation
Albania
European Union
Portugal
References
Part I: The Role of Court of Justice of the European Union and Commission in Facilitating and Encouraging the Rights to Damage...
Chapter 2: Evolution of a General Framework of EU Law on Private Enforcement
2.1 Introduction
2.2 Competition Policy in the European Countries: From the End of 20th Century until 21st Century
2.3 Evolution of the Competition Law in the ECSC and the EC/EU
2.3.1 The Origins and the Nature of Competition Rules in the ECSC
2.3.2 Origin and Nature of Competition Rules in the EEC Treaty
2.4 Competition Enforcement System: From Centralised Toward a Decentralised System
2.5 CJEU as a Promoter and Safeguard of Private Enforcement
2.5.1 EU Right to Damages for Infringement of Competition Law
2.5.2 The Principle of National Procedural Autonomy
Table of Cases
European Union (Court of Justice)
Italy
Table of Legislation
European Union
Italy
References
Chapter 3: The Role of the Commission in Facilitating and Encouraging the Right to Damages
3.1 Introduction
3.2 Commission Rhetoric for Right to Damages: From Deringer Report to Regulation 1/2003
3.3 Ashurst Study: Astonishing Diversity and Total Underdevelopment of Private Enforcement
3.4 Green Paper on the Damages Actions for Breach of the EC Antitrust Rules
3.5 White Paper on Damages Actions for Breach of the EC Antitrust Rules
3.6 2013 Package: Facilitating Private Enforcement in the EU
Table of Cases
European Union (Court of Justice)
Table of Legislation
European Union
United Kingdom
References
Part II: Legal Analyses of the Antitrust Damages Directive and Its Implication for the EU Member States
Chapter 4: The Directive on Right to Damages: Legal Aspects and Implications
4.1 Introduction
4.2 Legal Basis of Antitrust Damage Directive: Single or Dual Legal Basis?
4.3 Content of the Antitrust Damages Directive
4.3.1 Subject Matter and Scope of Antitrust Damages Directive
4.3.2 Disclosure of Evidence-(Chapter II: Articles 5-8)
4.3.3 Effects of National Decisions, Limitation Periods and Joint and Several Liability (Chapter III: Articles 9-11)
4.3.3.1 Effects of National Decisions, Article 9
4.3.3.2 Limitation Period, Article 10
4.3.3.3 Joint and Several Liability, Article 11
4.3.3.4 The Passing-on of Overcharges (Chapter IV: Articles 12-16)
4.3.4 Quantification of Harm (Chapter V: Article 17)
4.3.5 Consensual Dispute Resolution (Chapter VI: Articles 18 and 19)
4.4 Assessment of the Antitrust Damages Directive
Acknowledgments
Contents
About the Author
Chapter 1: Introduction
1.1 Overview and Research Purpose
1.2 Methodology
1.3 Terminological Clarification
1.4 Significance of the Book
1.5 Structure of the Book
Table of Cases
European Union (Court of Justice)
Table of Legislation
Albania
European Union
Portugal
References
Part I: The Role of Court of Justice of the European Union and Commission in Facilitating and Encouraging the Rights to Damage...
Chapter 2: Evolution of a General Framework of EU Law on Private Enforcement
2.1 Introduction
2.2 Competition Policy in the European Countries: From the End of 20th Century until 21st Century
2.3 Evolution of the Competition Law in the ECSC and the EC/EU
2.3.1 The Origins and the Nature of Competition Rules in the ECSC
2.3.2 Origin and Nature of Competition Rules in the EEC Treaty
2.4 Competition Enforcement System: From Centralised Toward a Decentralised System
2.5 CJEU as a Promoter and Safeguard of Private Enforcement
2.5.1 EU Right to Damages for Infringement of Competition Law
2.5.2 The Principle of National Procedural Autonomy
Table of Cases
European Union (Court of Justice)
Italy
Table of Legislation
European Union
Italy
References
Chapter 3: The Role of the Commission in Facilitating and Encouraging the Right to Damages
3.1 Introduction
3.2 Commission Rhetoric for Right to Damages: From Deringer Report to Regulation 1/2003
3.3 Ashurst Study: Astonishing Diversity and Total Underdevelopment of Private Enforcement
3.4 Green Paper on the Damages Actions for Breach of the EC Antitrust Rules
3.5 White Paper on Damages Actions for Breach of the EC Antitrust Rules
3.6 2013 Package: Facilitating Private Enforcement in the EU
Table of Cases
European Union (Court of Justice)
Table of Legislation
European Union
United Kingdom
References
Part II: Legal Analyses of the Antitrust Damages Directive and Its Implication for the EU Member States
Chapter 4: The Directive on Right to Damages: Legal Aspects and Implications
4.1 Introduction
4.2 Legal Basis of Antitrust Damage Directive: Single or Dual Legal Basis?
4.3 Content of the Antitrust Damages Directive
4.3.1 Subject Matter and Scope of Antitrust Damages Directive
4.3.2 Disclosure of Evidence-(Chapter II: Articles 5-8)
4.3.3 Effects of National Decisions, Limitation Periods and Joint and Several Liability (Chapter III: Articles 9-11)
4.3.3.1 Effects of National Decisions, Article 9
4.3.3.2 Limitation Period, Article 10
4.3.3.3 Joint and Several Liability, Article 11
4.3.3.4 The Passing-on of Overcharges (Chapter IV: Articles 12-16)
4.3.4 Quantification of Harm (Chapter V: Article 17)
4.3.5 Consensual Dispute Resolution (Chapter VI: Articles 18 and 19)
4.4 Assessment of the Antitrust Damages Directive