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

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

    "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