Group Litigation in European Competition Law

This book makes a valuable contribution to the current discussion regarding the private enforcement of competition law, particularly through the use of group litigation. Forms of group litigation are debated not only at the European level, but in countries worldwide. Policy makers, practitioners and academics alike can draw relevant insights about the potentials and pitfalls of group litigation mechanisms.
Auteur(s):
Sonja E. Keske
Reeks:
European Studies in Law and Economics (EDLE)
Volume:
1
boek | verschenen | 1e editie
september 2010 | xviii + 274 blz.

Paperback
€ 72,-


ISBN 9789400000841


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This book makes a valuable contribution to the current discussion regarding the private enforcement of competition law, particularly through the use of group litigation. Forms of group litigation are debated not only at the European level, but in countries worldwide. Policy makers, practitioners and academics alike can draw relevant insights about the potentials and pitfalls of group litigation mechanisms. The framework developed allows for the evaluation of existing forms of group litigation, such as those already being used in the United States, the United Kingdom and Germany. Moreover, through the analysis a picture of the optimal form of group litigation in any context emerges. The analysis highlights the necessary trade-offs and choices any society contemplating the introduction of group litigation into their legal system – not only in the area of competition law – will have to face.


About the book
‘[..] a far reaching insight into the problems linked to competition barriers and the different ways of compensating those who fall victim to them. [an] industrious intellectual undertaking.’
in Bulletin Quotidien Europe, 15 June 2011

‘Dr Keske’s interesting book points up the significant difficulties the Commission faces in promoting group competition litigation even taken from the fairly narrow standpoint of an economic analysis of its effectiveness. Overall, she tackles an important subject with rigour, and the skeleton on which she hangs her economic argument is clearly and robustly articulated. Lawyers among her readers will find some of her assumptions and arguments surprising—even challenging—but the conclusions she draws are no less relevant to the ongoing policy debate in this area because of that. ‘
Vincent Smith in (2012) 37 E.L. Rev. 535


About the author
Dr Keske has a degree in Economics (Diplom-Volkswirtschaftslehre) from the University of Tübingen, Germany and the ”European Master in Law and Economics” (LL.M.) from the Universities of Ghent, Belgium and Rotterdam, The Netherlands. She was one of the first scholars to follow the Erasmus Mundus Doctoral program “European Doctorate in Law and Economics” of the Universities in Rotterdam and Bologna and received her Doctorate for an earlier version of this book in December 2009. Along with several publications, she co-authored the study in support of the impact assessment of the EC White Paper on antitrust damages actions “Making antitrust damages actions more effective in the EU”. Currently, Dr Keske is working at the German Federal Competition Authority (Bundeskartellamt).

Hoofdstukken

Table of Contents (p. 0)

Chapter 1. Enforcement of European Competition Law (p. 5)

Chapter 2. Group Litigation: A General Legal and Economic Framework (p. 39)

Chapter 3. Optimal Group Litigation from a Deterrence Perspective (p. 75)

Chapter 4. The European Way Ahead (p. 149)

Chapter 5. Comparison and Analysis of Selected Legal Systems (p. 193)

Chapter 6. Summary, Policy Implications and Future Research (p. 245)

Reference List (p. 253)

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European Studies in Law and Economics (EDLE)

The series European Studies in Law and Economics is devoted to further the understanding of Law and Economics in Europe. The volumes published in this series present an interdisciplinary perspective on the effects of laws on people’s behaviour and on the economic system. The ample topics address a wide audience, including policy makers, legislators, economists, lawyers and judges. The series is peer-reviewed.

The series is an initiative of the PhD programme ‘European Doctorate in Law and Economics’ (EDLE). The EDLE is the academic response to the increasing importance of the economic analysis of law in Europe. The programme is offered by the Universities of Bologna, Hamburg and Rotterdam in association with the Indira Gandhi Institute of Development Research, Mumbai (India). PhD students receive the unique opportunity to study law and economics in three different countries. The programme prepares economists and lawyers of high promise for an academic career in a research field of growing importance or for responsible positions in government, research organisations and international consulting firms.

The European Commission sponsors the EDLE as an excellence programme under the prestigious Erasmus Mundus scheme. For further information please visit: www.edle-phd.eu.

The editorial board of the series consists of Prof. Dr. Michael G. Faure (Erasmus University Rotterdam), Prof. Dr. Luigi A. Franzoni (University of Bologna) and Prof. Dr. Stefan Voigt (University of Hamburg).

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