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The Enforcement of Competition Law in Europe
By
Thomas M. J. Möllers, Andreas Heinemann
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 should benefit from the rich European experience in
unfair competition law. The divergence between the two fields of law
is not so huge that a completely different treatment is justified.
Thus, a specifically European way of competition law enforcement
could be developed.
• Describes
the competition law in 15 European countries, giving readers an
impression of the different ways in which different countries try to
obtain certain results • Compares Unfair Competition Law and
Antitrust Law, two fields of law which are normally treated
separately • The International and European framework is
included, giving the reader a global perspective on this topic
Contents
Part I. Remedies
in Unfair Competition and Consumer Protection Law: 1. Setting the
basics - the legal framework; 2. Contemporary solutions: the case
studies; 3. Results and conclusions for remedies in unfair
competition law; 4. Graphics; Part II. Remedies in Antitrust Law: 5.
Introduction; 6. Private enforcement of competition law: a
comparative perspective by David J. Gerber; 7. Case studies; 8.
Conclusions; 9. Outlook: the link between unfair competition law and
antitrust law.
Contributors
Antti Aine, Jesús
Alfaro Aguila-Real, Torbjörn Andersson, Lia Athanassiou, Katalin
Cseres, Rikard Englund, Sofia Englund, Helmut Gamerith, David Gerber,
Ariënne Gommers, Andreas Heinemann, Sarah Johnson, Siún
O\\\\\\\'Keeffe, Zsófia Lendvai, Fayna León, Cornelia Marin,
Luís Menezes Leitão, Adelaide Leitão, Thomas M.
J. Möllers, Sune Troels Poulsen, Izabela Raiwa, Giuseppe Rossi,
Peter Rott, Jeremy Scholes, Manola Scotton, David Townend, Pertti
Virtanen
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