"The Enforcement of Competition Law in Europe" ed. by Thomas M. J. Möllers, Andreas Heinemann (Repost)

ISBN: 0521881102

Category: Technical

Tag: Science/Engineering


Posted on 2012-10-15. By anonymous.

Description


"The Enforcement of Competition Law in Europe" ed. by Thomas M. J. Möllers, Andreas Heinemann
The Common Core of European Private Law
CU Press | 2008 | ISBN: 0521881102 0511371284 9780511371288 9780521881104 | 739 pages | PDF | 7 MB

This inquiry describes the state of competition law in fifteen European countries. 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 can benefit from rich European experience in unfair competition law.

Contents
Preface
Contributors to the volume
Abbreviations (including legislation)
Introduction
Part I Remedies in Unfair Competition and
Consumer Protection Law
A.Setting the basics - the legal framework
I.Approach of this comparative study
II.The legal background in the different Member States in unfair competition law
III.The European context of unfair competition law
IV.Enforcement and sanctions under US - American unfair competition law
B.Contemporary solutions: the case studies
I.Objects of claim - the sanctions
Case 1 Risky bread: order to cease and desist, elimination, publication
Case 2 Watch imitations I: interim injunction
Case 3 Whisky: damages and discovery
II.Plaintiffs and defendants
Case 4 Children's swing: attracting customers - the different plaintiffs
Case 5 Discontinued models: misleading advertisement - the consumer as plaintiff
Case 6 Child labour civil and criminal law
Case 7 Recycled paper: advertising agencies and the press as defendants
III. Out-of-court settlements of disputes
Case S Watch imitations II: pre-trial measures
C.Results and conclusions for remedies in unfair competition law
I.Summary of theses
II.Proposed draft
III.Instead of closing words - methods of harmonizing European law
D.Graphics
Part II Remedies in Antitrust Law
A.Introduction
I.Methodological note
II.National antitrust law - a survey
III.The European context of antitrust law
B.Private enforcement of competition law a comparative perspective
I.Private enforcement in US antitrust law
II.Competition law in Europe: administrative centrality
III.Incorporating private enforcement into European competition law: comparative perspectives
IV.Concluding comments
C.Case studies
I. Objects of claim
Case 9 Predatoiy price undercutting agreements - forbearance (cease-and-desist order)
Case 10 Abuse of a dominant market position against a competitor - damages
Case 11 Boycott - pre-trial measures and temporary relief
II. Plaintiffs and defendants
Case 12 Horizontal restraints of competition - consumer claims against general cartel effects
Case 13 Horizontal restraints of competition - validity of subsequent contracts
Case 14 Vertical restraints of competition - resale price maintenance
Case 15 Selective distribution and refusal to deal
D. Conclusions
I.The overall results of the country reports
II.Measures for the strengthening of private enforcement
III.Conflict of laws
IV.European harmonization of remedies in antitrust law?
V.Conclusion
Outlook: the link between unfair competition la and antitrust law
I.Reasons for the different weight of private enforcement in unfair competition and antitrust law
II.Unfair competition law remedies as a model for antitrust law?
III.Examples
1.Standing of consumers
2.Standing of consumer protection associations
IV.Future prospects
Bibliography
General index
Index by state
with TOC BookMarkLinks


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