The Enforcement of Competition Law in Europe
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.
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Part I Remedies in Unfair Competition and Consumer Protection Law
Setting the basics the legal framework
the case studies
Results and conclusions for remedies in unfair competition law
Part IIRemedies in Antitrust Law
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4th edn abuse According to art According to sec action administrative agreement antitrust authority antitrust law apply Austria award behaviour Bornkamm breach burden of proof cartel civil courts civil law claimant commercial Commission Comparative Advertising Comparative Advertising Directive compensation compensatory claim Competition Act Competition Authority Competition Commission competitors complaint conduct consumer associations Consumer Ombudsman consumer protection contract criminal damages decision defendant dominant position Enterprise Act 2002 European Commission Finland Finnish Germany harmonization Hefermehl Henning-Bodewig infringement injunction interests KartG law of unfair liability litigation loss Market Court Maxeiner Member ment misleading advertising Misleading and Comparative O¨Bl out-of-court party plaintiff Portugal possible practice principle private enforcement private law procedure proceedings profits prohibition regulation relevant remedies requirements Restrictions rules sanctions Schottho¨fer Schricker sumer Sweden tion tort trade trademark undertakings unfair competition law violation Wettbewerbs Wettbewerbsrecht