The Enforcement of Competition Law in Europe

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Thomas M. J. Möllers, Andreas Heinemann
Cambridge University Press, 2007 - Law - 713 pages
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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Contents

Introduction
1
Part I Remedies in Unfair Competition and Consumer Protection Law
3
Setting the basics the legal framework
5
the case studies
89
Results and conclusions for remedies in unfair competition law
359
Graphics
375
Part IIRemedies in Antitrust Law
387
Introduction
389
a comparative perspective
431
Case studies
453
Conclusions
637
the link between unfair competition law and antitrust law
659
Bibliography
664
General index
680
Index by state
690
Copyright

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About the author (2007)

Andreas Heinemann is Professor of Law at the Centre of Comparative and European Law of the University of Lausanne.

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