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Private Enforcement of Antitrust Law in the EU, UK and USA - Clifford Jones

Private Enforcement of Antitrust Law in the EU, UK and USA

Hardcover

Published: 1st September 1999
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This book provides the first detailed examination of how private individuals and companies can enforce their rights under competition law against other private parties in the EU and UK. It provides a comprehensive analysis of the legal basis for private antitrust enforcement both under EC and the new UK law, and of the available procedures and remedies. The book then goes on to systematically survey all of the key issues of law and practice that arise in private antitrust litigation in the USA, such as locus standi, antitrust injury, methods of proof of damage, types of damage for which compensation is recoverable, and the principles of antitrust damage calculation. In each case, the author draws upon his experience of such litigation as a practitioner in the USA to set out detailed practical conclusions as to how the same issues should be addressed in the EU and UK.

`... Clifford Jones's net achievement is double: he places private enforcement of EC competition law in the more general context of effectiveness of Community law, and at the same time he succeeds in clearing many European misconceptions on the US system of private antitrust enforcement. ... this is an excellent and prescient book that should appeal not just to competition but also to general Community lawyers.' Common Market Law Review 2001 `an extremely timely book ... Jones's scholarly monograph provides extremely interesting insights ... Jones's lucid treatment of [the bipolar system: Community rights-national remedies] is extremely useful not just for EC competition law, but also for Community law in general ... Clifford-Jones's net achievement is double: he places private enforcement of EC competition law in the more general context of effectiveness of Community law, and at the same time he succeeds in clearing many European misconceptions on the US system of private antitrust enforcement. It would be hard to identify any weaknesses ... this is an excellent and prescient book that should appeal not just to competition but also to general Community lawyers.' Claus-Dieter Ehlermann and Assimakis P. Komninos, Common Market Law Review, June 2001 `...detailed comparative work...Jones sets out to dispel a number of the myths and prejudices that surround private enforcement...and he has done this admirable.' Angus MacCulloch Modern Law Review, November 2000

Preface by John Temple Lang Table of Cases Table of Treaties and Legislation Introduction 1: Introduction to comparative antitrust systems 2: Antitrust enforcement in the US 3: The EC System: The Treaty of Rome and Regulation 17 4: The UK System: From administration to prohibition 5: Foundations of private enforcement in the Community 6: Remedy principles and the competition rules 7: Aspects of private antitrust enforcement 8: Enforcement pluralism in the Community system 9: The Legal basis of private actions in the UK 10: Community antitrust claims as a breach of statutory duty 11: UK antitrust claims as a breach of statutory duty 12: The Community (antitrust) remedy solution 13: Prudential limitations on private actions 14: Limits on permissible private plaintiffs in US law 15: Special issues of standing and antitrust injury 16: Limits on permissible private plaintiffs under EC law 17: Antitrust damage principles in US law 18: How damages are calculated in particular cases 19: Damage principles in Community antitrust cases 20: Conclusions: The labours of Sisyphus Bibliography

ISBN: 9780198268680
ISBN-10: 0198268688
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 308
Published: 1st September 1999
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 25.3 x 17.5  x 2.2
Weight (kg): 1.0