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Damages Claims for the Infringement of Competition Law addresses the current state of the law in the EU on damages claims for the infringement of EU competition law by combining a theoretical with a practical perspective. The work first focuses on the relevant EU acquis, examining all aspects of EU law that may be relevant to damages claims (whether brought by a consumer or not) such as those concerning fault, alternative dispute resolution, as well as private international law instruments. The book then delves into the economic underpinnings of claims for damages, including optimal enforcement theory and damages and the legal standards of liability, the evaluation of damages for cartels, exploitative conduct and exclusionary conduct. The work also examines collective actions (legal regime and financing aspects), the interaction between damages claims and public enforcement, causation as well as issues relating to multi-jurisdictional enforcement and damages claims. The book provides a discussion of the emerging field of competion law damages and explores the important questions it raises about the use of the traditional tort law catergories in an area of law that is heavily infused with economic analysis. It combines a corrective justice perspective with an empirical and theoretical analysis of the practice of competiton law damages in various jurisdictions in Europe. Rather than adopting the traditional economic analysis law of approach, the authors respect the autonomy of the fields of law and economics, while attempting to identify the areas of conflict that may emerge when economic concepts and categories are integrated in the legal system.
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About the Author
Ioannis Lianos is a Professor in Global Competition Law and Public Policy at University College London; Director of the Centre for Law, Economics and Society, also at UCL and Leading Researcher, HSE-Skolkovo International Laboratory on Law and Development, National Research University- Higher School of Economics. He is the author, contributor and editor of 10 books including Competition and the State (Stanford University press, 2014), Handbook in European Competition Law (Edward Elgar, 2013), The EU After the Treaty of Lisbon (CUP 2012). Ioannis Lianos was awarded the prestigious Philip Leverhulme Prize in 2012 for his influential research on economic evidence. Peter Davis is Executive Vice President at Compass Lexecon, an economic consulting firm. He specialises in advising clients involved in competition and regulatory investigations both strategically and on competition economics and econometrics. Previously, he served as a Deputy Chairman of the UK Competition Commission (now part of the UK's Competition and Markets Authority) and is a former President of the Association of Competition Economics. He read for his PhD in Economics at Yale University and then served on the faculty of MIT Sloan and then in LSE's economics department. He currently serves as a visiting professor at the Faculty of Laws, UCL. He has published widely and is the co-author of the leading competition economics textbook Quantitative Analysis for Competition and Antitrust Investigations (Princeton University Press 2010) which was developed in conjunction with DG Competition. Paolisa Nebbia currently works for DG Competition at the European Commission, having previously worked at the Italian Competition Authority. Prior to that, she was a Reader in Competition Law at the University of Leicester and a Fellow in Law at St Hilda's College, University of Oxford. She has published several articles and books on competition law, as well as EU law, consumer law and comparative contract law. Since 2005, she has been a visiting professor of Antitrust Law at the WIPO Academy. She is also a co-author of EU Consumer Law (OUP 2004).
Table of Contents1. Introduction
2. Historical Perspective on Damages Claims in Competition Law in the EU
3. The Current and Projected EU Regime and some National Accounts
4. The Intersection of Law and Economics in Damages Claims: Focus on Causation
5. Evaluating Damages: A Primer PD
6. The Interaction between Damages Claims and Public Enforcement in Europe: An Economic and Legal Perspective
7. Cross-border Antitrust Damages Claims