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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The EU Antitrust Damages Directive

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ISBN13: 9780198812760
To be Published: December 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00



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.

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Subjects:
Competition Law
Contents:
Part I: Analysis of the Transposition of the Directive Across the EU
1.: Introduction - Rationale, Background and Methodology for the Project, Barry Rodger, Miguel Sousa Ferro, & Francisco Marcos
2.: Transposition Processes Across the Member States, Barry Rodger, Miguel Sousa Ferro, & Francisco Marcos
3.: Transposition Outcomes Across the Member States, Barry Rodger, Miguel Sousa Ferro, & Francisco Marcos
4.: Specific and Problematic Transposition Debates, Barry Rodger, Miguel Sousa Ferro, & Francisco Marcos
Part II: The Member State Reports on Transposition of the Directive
5.: Belgium, Caroline Cauffman
6.: France, Muriel Chagny
7.: Germany, Christian Kersting
8.: Italy, Michele Carpagnano
9.: Spain, Francisco Marcos
10.: The Netherlands, Rein Wesseling & Jeroen Kortmann
11.: United Kingdom, Barry Rodger
12.: Greece, Maria Ioannidou
13.: Ireland, Mary Catherine Lucey
14.: Portugal, Miguel Sousa Ferro
15.: Sweden, Lars Henriksson
16.: Hungary, Csongor István Nagy
17.: Poland, Maciej Bernatt
18.: Lithuania, Jurgita Malainauskaite
19.: Cyprus, Maria Ioannidou
20.: Luxembourg, Caroline Cauffman