Eu Competition and State Aid Rules: Public and Private Enforcement

ISBN-13: 9783662479612 / Angielski / Twarda / 2018 / 313 str.

Vesna Tomljenovi; Nada Bodiroga-Vukobrat; Vlatka Butorac Malnar

Opis

The book provides a scrutiny of legislative novelties and case law in the area of EU competition and state aid rules, with the particular emphasis on the interaction between public and private enforcement of the mentioned rules. The target readers are all stakeholders and others involved in the process of enforcement judges, attorneys at law, corporate lawyers and market participants who have sustained or could sustain damage as a result of the violations of competition or state aid rules. The efficient enforcement of competition and state aid rules is one of the keys to the successful economic development and stability of the EU internal market. While the Commission is charged with application of EU state aid rules, EU competition rules are applied by national enforcers as well. Proper and uniform application across Member States is thus one of the biggest challenges in this area of law. Particularly important in this regard are the national enforcers responsible for the direct application of EU competition rules."

Recenzje

"The book arises out of the conference EU Competition and State Aid Rules: Interaction between public and private enforcement which was held in Rovinj, Croatia on 9-10 September 2015. ... this book goes to show that the private enforcement remains a contentious issue with many problem areas warranting further research and discussion. It provides an interesting contribution to the ongoing debate, including both national and supranational perspectives." (European Competition Law Review, Vol. 39 (09), September, 2018)

Spis treści

Part I The role of courts in public enforcement of EU competition rules: Marc Jaeger, 25 Years of the General Court – Looking Back and Forward.- Miro Prek and Silvère Lefèvre, The General Court as the EU Competition Court?.- Jasminka Pecotić Kaufman and Siniša Petrović, The Enforcement of EU Competition Law by National Courts.- Dubravka Akšamović, Judicial Review in EU and Croatian Competition Cases – The Procedure and Intensity of Judicial Review.- Alexandr Svetlicinii, Enforcement of the EU Competition Rules in Lithuania: Application of the ‘Effect on Trade’ Concept in the Enforcement Practice of the National Competition Authority and Courts.- Part II Challenges of public enforcement of EU competition rules before the commission: Marc Barennes, The Role of the Settlement Procedure and Leniency Programme in the European Commission’s Fight Against Cartels.- Ludovic Bernardeau, Fines and Fundamental Rights: New Challenges.- Part III Selected issues of private enforcement of EU competition law: Anca D. Chirita, The Disclosure of Evidence under the ‘Antitrust Damages’ Directive 2014/104/EU.- Vlatka Butorac Malnar, The Kone Case: A Missed Opportunity to Put the Standard of Causation Under the Umbrella of the EU.- Mihail Danov, Cross-Border Aspects of EU Competition Law Enforcement: Comprehensive Reform Needed?.- Part IV Contemporary topics of state aid law enforcement: Viktor Kreuschitz and Nuria Bermejo, The Role of National Courts in the Enforcement of The European State Aid Rules.- Nicola Chesaites, Tax Incentives as State Aid.- Ana Pošćić, State Aid and Gambling Services.- Marijana Liszt and Edita Čulinović Herc, Certain aspects of State Aid to Services of General Economic Interest in Croatia.

Blurb

This book scrutinizes legislative novelties and case law in the area of EU competition and state aid rules, focusing on the interaction between public and private enforcement of those rules. It is intended for scholars, stakeholders and anyone involved in the process of law enforcement – judges, attorneys at law, corporate lawyers and market participants. 

The book features contributions by prominent competition law scholars offering an academic analysis of the topics covered, and by several EU General Court judges, including its President, Mr. Marc Jaeger, providing first-hand information on the application of the EU competition rules in the General Court.