Erschienen in:

Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers (eds.), Wolters Kluwer, Alphen aan den Rijn 2020, 390 pp.

The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In the country reports for these major jurisdictions, as well as in more general and comparative chapters, the contributors focus on such issues as the following:

  • impediments to private enforcement;
  • which entity is liable for damages;
  • binding effect of decisions of competition authorities;
  • limitation of actions;
  • collective actions and pooling of claims;
  • enforcement of the standstill obligation (Article 108(3) TFEU);
  • remedies and information deficits;
  • cooperation and coordination between national courts and the European Commission;
  • transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States;
  • extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and
  • prospects for harmonisation of State aid law.

A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework.

The various chapters have been written by the following authors:

 

Part 1: Private Enforcement of European Competition Law after Directive 2014/104/EU

The European Perspective - Wulf-Henning Roth

The EU Commission's View - Johannes Holzwarth

Private Enforcement France - Rafael Amaro

Private Enforcement Germany - Jens-Uwe Franck

Private Enforcement Italy - Enrico Camilleri

Private Enforcement Netherlands - Rogier Meijer & Erik-Jan Zippro

Private Enforcement United Kingdom - Florian Wagner-von Papp

 

Part 2: Private Enforcement of EU State Aid Law
The European Perspective - Fernando Pastor-Merchante
The Role of the European Commission and the Cooperation with National Courts - Simone Donzelli
Private Enforcement in France - François Lichère
Private Enforcement in Germany - Sebastian Unger & David Hug
Private Enforcement in Italy - Roberto Caranta & Benedetta Biancardi
Private Enforcement in the Netherlands - Jacobine E. van den Brink & Willemien den Ouden
Private Enforcement in Spain - Luis Arroyo Jiménez & Patricia Pérez Fernández
Private Enforcement in the UK - Christopher Bovis

 

Part 3: Analysis and Outlook
Private Enforcement of EU Competition and State Aid Law: Comparative Analysis and the Way Forward - Ferdinand Wollenschläger & Wolfgang Wurmnest

Wolters Kluwer

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