The EU Antitrust Damages Directive Transposition in the Member States

by Rodger, Barry; Sousa Ferro, Miguel; Marcos, Francisco

• ISBN13: 9780198812760
• ISBN10: 0198812760
• Format: Hardcover
• Copyright: 2019-02-14
• Publisher: Oxford University Press

Summary

The EU Antitrust Damages Directive provides a comprehensive review of the implementation of the Antitrust Damages Directive across a selected number of EU States, looking both at generic EU law issues such as Member State process and methodology for implementing this EU Directive, and also more specifically at the national debates and their consequences at the level of the substantive choices adopted in terms of implementation of the various Directive provisions, which may necessitate some change in national legal procedures and/or remedies in relation to claims involving an EU competition law infringement.

The book achieves this through discussion of the general EU law issue regarding the national methods used for transposition of an EU Directive, examining the processes and general approaches to the implementation of EU law in the form of a Directive within the legal systems of the various Member States analysed. In terms of process, this may vary from a process involving considerable consultation with public stakeholders to an approach confined to executive or parliamentary decision-making. Additionally, the research assesses the way in which the Antitrust Damages Directive is actually transposed and why the particular approach is adopted within the Member State, considering for instance whether the Directive is simply adopted as it stands (literal incorporation of its text through "cut & paste") and what this will mean in terms of national court interpretation and application of the Directive/national law measures implementing it.

Author Biography

Barry Rodger, Strathclyde University Law School, Miguel Sousa Ferro, University of Lisbon, and Francisco Marcos, IE Business School.

Professor Barry Rodger has been an academic at Strathclyde University Law School since 1993 and has been a Professor there since 2001. Professor Rodger has published widely in competition law (and international private law), and many of his recent publications have focused on private enforcement of competition law. Professor Rodger is the Secretary and co-organiser of the Competition Law Scholars' Forum and co-editor of the Competition Law Review, and is on the organizing committee of the Scottish Competition Law Forum.

Professor Miguel Sousa Ferro is Counsel at Eduardo Paz Ferreira & Associados, in Lisbon, specialising in EU Law, Competition Law and Regulatory Law. He is a Guest Professor at the Lisbon University Law School, where he obtained his law degree and PhD. Since 2015 he has been a Professor at the European University (Lisbon, Laureate Group), lecturing on Introduction to Economics and Tourism Law. He also holds an LL.M in European Law from the College of Europe, Bruges. He is a Legal Adviser at the Portuguese Regulatory Commission for the Safety of Nuclear Installations.

Professor Francisco Marcos is a law and economics scholar with more than 10 years' professional experience in research and advisory work on competition law and policy (both in the private sector and as former head of an investigation unit in a competition agency). Since 2003 he has been a Professor of Law at IE Law School, Madrid. He has also been Acting Director of the Vasque Competition Authority's Investigation Unit on two cases (Sep 2015, May 2016). He has been a consultant with several missions in developing countries in the Andean region (Ecuador, 2005 and 2006; Peru, 2007; Bolivia, 2016), in Central America (Guatemala, 2014; El Salvador, 2009), in Africa (EAC-Uganda, 2013; Zambia, 2012), as well as in other regions (Romania, 2012; Armenia 2013; Jordan, 2006; Mexico, 2014), rendering advice to governments (under contract by WB-IFC 2012-15, and European Commission, 2005, 2006, and 2014), and to private firms concerning the enactment, implementation, and enforcement of competition policy.

Table of Contents

Part I: EU Competition Law Private Enforcement and the Antitrust Damages Directive
1. Introduction to Competition law Private Enforcement in the EU, Barry Rodger, Miguel Sousa Ferro, & Francisco Marcos
2. Promotion and harmonization of Antitrust Damages claims by Directive EU/2014/104, Barry Rodger, Miguel Sousa Ferro, & Francisco Marcos
Part II: The Member State Reports on Transposition of the Directive
3. Belgium, Caroline Cauffman
4. Cyprus, Maria Ioannidou
5. France, Muriel Chagny
6. Germany, Christian Kersting
7. Greece, Maria Ioannidou
8. Hungary, Csongor István Nagy
9. Ireland, Mary Catherine Lucey
10. Italy, Susanna Lopopolo
11. Lithuania, Jurgita Malainauskaite
12. Luxembourg, Caroline Cauffman
13. The Netherlands, Jeroen Kortmann & Simon de Mineur
14. Poland, Maciej Bernatt & Maciej Gac
15. Portugal, Miguel Sousa Ferro
16. Spain, Francisco Marcos
17. Sweden, Lars Henriksson
18. United Kingdom, Barry Rodger
Part III: Comparative Analysis of the Transposition Processes and Outcomes
19. Transposition Context, Processes, Measures and Scope, Barry Rodger, Miguel Sousa Ferro, & Francisco Marcos
20. Transposition: Key Issues and Controversies, Barry Rodger, Miguel Sousa Ferro, & Francisco Marcos
21. Concluding Remarks, Barry Rodger, Miguel Sousa Ferro, & Francisco Marcos