Private Enforcement of Antitrust Law in the Eu, Uk and USA

by Jones, Clifford A.

• ISBN13: 9780198268680
• ISBN10: 0198268688
• Format: Hardcover
• Copyright: 1999-10-28
• Publisher: Oxford University Press

Summary

This book provides the first detailed examination of how private individuals and companies can enforce their rights under competition law against other private parties in the EU and UK. It provides a comprehensive analysis of the legal basis for private antitrust enforcement both under EC andthe new UK law, and of the available procedures and remedies. The book then goes on to systematically survey all of the key issues of law and practice that arise in private antitrust litigation in the USA, such as locus standi, antitrust injury, methods of proof of damage, types of damage for which compensation is recoverable, and the principles of antitrustdamage calculation. In each case, the author draws upon his experience of such litigation as a practitioner in the USA to set out detailed practical conclusions as to how the same issues should be addressed in the EU and UK.

Author Biography

Clifford A. Jones is Visiting Professor of Law, University of Oklahoma.

Table of Contents

Preface

Table of Cases

Table of Treaties and Legislation

Introduction

Introduction to comparative antitrust systems

Antitrust enforcement in the US

The EC System: The Treaty of Rome and Regulation 17

The UK System: From administration to prohibition

Foundations of private enforcement in the Community

Remedy principles and the competition rules

Aspects of private antitrust enforcement

Enforcement pluralism in the Community system

The Legal basis of private actions in the UK

Community antitrust claims as a breach of statutory duty

UK antitrust claims as a breach of statutory duty

The Community (antitrust) remedy solution

Prudential limitations on private actions

Limits on permissible private plaintiffs in US law

Special issues of standing and antitrust injury

Limits on permissible private plaintiffs under EC law

Antitrust damage principles in US law

How damages are calculated in particular cases

Damage principles in Community antitrust cases

Conclusions: The labours of Sisyphus

Bibliography

Table of Contents provided by Publisher. All Rights Reserved.