Overview

This book, written by an academic-cum-practitioner with substantial experience in the field of antitrust enforcement, presents the rise of private enforcement of competition law in Europe, especially in the context of the recent modernisation and decentralisation of EC competition law enforcement. In particular, the study examines the role of courts in the application of the EC competition rules and views that role in the broader system of antitrust enforcement. The author starts from the premise of private enforcement’s independence of public enforcement and after examining the new institutional position of national courts and their relationship with the Court of Justice, the Commission, and public enforcement in general, proceeds to deal with the detailed substantive and procedural law framework of private antitrust actions in Europe. The author describes the current post-decentralisation state of affairs but also refers to the latest proposals to enhance private antitrust enforcement in Europe both at the Community level, where reference is made to the December 2005 Commission Green Paper on Damages Actions and its aftermath, and at the national level, where reference is made to recent and forthcoming relevant initiatives.

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9781841137445

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Reviews

While some works would be made otiose by the passage of events, it will not be the case with this work. Dr Komninos' monograph will act as an incredibly valuable guide to anyone trying to understand the context in which that debate takes place. This work adds to an existing pool of literature, but stands apart in that it takes a different focus compared to many others...When reading through this book it is impossible not to take note of the depth of the research undertaken...The amount of material referred to, in so many different languages and from so many jurisdictions, is very impressive. The bibliography alone is a very valuable resource...Such a distinctly European voice acts as a useful counter-point to some of the existing literature...this is a very well written and comprehensive study of the issues surrounding the development of private enforcement under EC law. Angus MacCulloch European Law Review December 2008 [T]his book represents, in all likelihood, one of the two most comprehensive works on the topic. Komninos deals with numerous aspects of a very broadly defined phenomenon and presents several original concepts...In conclusion, Komninos' book reveals unique insights into the insufficiently understood problems of private enforcement of Articles 81 and 82 EC, in combination with a fresh and largely coherent perspective on contemporary Community law in general...It should also be mentioned that the book is extremely rich in terms of its sources. Whether or not one accepts Komninos's views on the nature and purpose of private enforcement, the massive amount of high quality references should encourage and facilitate the pursuit of many interesting alternative or subsidiary lines of inquiry. Veljko Milutinovic Common Market Law Review Vol 45 issue 4 ...the first book on EC competition law litigation and will, as such, no doubt contribute to the establishment of this area of the law as a legal discipline in its own right...As Professor Claus-Dieter Ehlermann remarks in an erudite Foreword, this book will be studied attentively by a large number of readers. In sum, it should have a brilliant future . Given the topicality, the uniqueness and significance of the book to the development of a comprehensive theory of EC competition litigation, there can be no doubt that this will be the case. Gordon Blanke Global Competiton Litigation Review Vol 1, Issue 3, 2008 This book is different. It constitutes a careful and perceptive analysis of Community law relating to the enforcement of competition law in national courts, how it developed and the political problems faced by the Commission when proposing legislation to the Council...Now that the Commission has published its white paper on private actions, this work is essential reading for those concerned with developing policy as well as for those expecting to bring or defend such actions before many of the problems have been resolved. Many experts recommend the book. It is highly practical and explains more than one side to most problems and the different philosophies underlying competition law. Above all, the work is lucidly written and contains substantial and well-chosen bibliographies...experts will benefit greatly from the careful analysis, with reference to articles and books written in so many languages and against a background of laws based on very different philosophies. It is warmly welcome. Valentine Korah World Competition Law and Economics Review Vol 32, No 2, June 2009 Komninos' monograph is a thoroughly written oeurve which places the various issues in the context of the greater picture, thus helping readers in both Europe and beyond to comprehend the context in which the present debate on the 'use and abuse' of private enforcement of competition law takes place. It can ! be predicted that 'EC Private Antitrust Enforcement' will become an essential part of the library of those lawyers and scholars interested in EC competition law litigation and will inspire future research on a discipline of law which in Europe is slowly growing out of its incipiency. Wolfgang Wurmnest European Business Organization Law Review Volume 10, 2009

While some works would be made otiose by the passage of events, it will not be the case with this work. Dr Komninos' monograph will act as an incredibly valuable guide to anyone trying to understand the context in which that debate takes place. This work adds to an existing pool of literature, but stands apart in that it takes a different focus compared to many others...When reading through this book it is impossible not to take note of the depth of the research undertaken...The amount of material referred to, in so many different languages and from so many jurisdictions, is very impressive. The bibliography alone is a very valuable resource...Such a distinctly European voice acts as a useful counter-point to some of the existing literature...this is a very well written and comprehensive study of the issues surrounding the development of private enforcement under EC law.Angus MacCullochEuropean Law ReviewDecember 2008[T]his book represents, in all likelihood, one of the two most comprehensive works on the topic. Komninos deals with numerous aspects of a very broadly defined phenomenon and presents several original concepts...In conclusion, Komninos' book reveals unique insights into the insufficiently understood problems of private enforcement of Articles 81 and 82 EC, in combination with a fresh and largely coherent perspective on contemporary Community law in general...It should also be mentioned that the book is extremely rich in terms of its sources. Whether or not one accepts Komninos's views on the nature and purpose of private enforcement, the massive amount of high quality references should encourage and facilitate the pursuit of many interesting alternative or subsidiary lines of inquiry.Veljko MilutinovicCommon Market Law ReviewVol 45 issue 4...the first book on EC competition law litigation and will, as such, no doubt contribute to the establishment of this area of the law as a legal discipline in its own right...As Professor Claus-Dieter Ehlermann remarks in an erudite Foreword, this book will be studied attentively by a large number of readers. In sum, it should have a brilliant future. Given the topicality, the uniqueness and significance of the book to the development of a comprehensive theory of EC competition litigation, there can be no doubt that this will be the case.Gordon BlankeGlobal Competiton Litigation ReviewVol 1, Issue 3, 2008This book is different. It constitutes a careful and perceptive analysis of Community law relating to the enforcement of competition law in national courts, how it developed and the political problems faced by the Commission when proposing legislation to the Council...Now that the Commission has published its white paper on private actions, this work is essential reading for those concerned with developing policy as well as for those expecting to bring or defend such actions before many of the problems have been resolved. Many experts recommend the book. It is highly practical and explains more than one side to most problems and the different philosophies underlying competition law. Above all, the work is lucidly written and contains substantial and well-chosen bibliographies...experts will benefit greatly from the careful analysis, with reference to articles and books written in so many languages and against a background of laws based on very different philosophies. It is warmly welcome.Valentine KorahWorld Competition Law and Economics ReviewVol 32, No 2, June 2009Komninos monograph is a thoroughly written oeurve which places the various issues in the context of the greater picture, thus helping readers in both Europe and beyond to comprehend the context in which the present debate on the use and abuse of private enforcement of competition law takes place.It can be predicted that EC Private Antitrust Enforcement will become an essential part of the library of those lawyers and scholars interested in EC competition law litigation and will inspire future research on a discipline of law which in Europe is slowly growing out of its incipiency.Wolfgang WurmnestEuropean Business Organization Law ReviewVolume 10, 2009

While some works would be made otiose by the passage of events, it will not be the case with this work. Dr Komninos' monograph will act as an incredibly valuable guide to anyone trying to understand the context in which that debate takes place. This work adds to an existing pool of literature, but stands apart in that it takes a different focus compared to many others...When reading through this book it is impossible not to take note of the depth of the research undertaken...The amount of material referred to, in so many different languages and from so many jurisdictions, is very impressive. The bibliography alone is a very valuable resource...Such a distinctly European voice acts as a useful counter-point to some of the existing literature...this is a very well written and comprehensive study of the issues surrounding the development of private enforcement under EC law. Angus MacCulloch European Law Review December 2008 [T]his book represents, in all likelihood, one of the two most comprehensive works on the topic. Komninos deals with numerous aspects of a very broadly defined phenomenon and presents several original concepts...In conclusion, Komninos' book reveals unique insights into the insufficiently understood problems of private enforcement of Articles 81 and 82 EC, in combination with a fresh and largely coherent perspective on contemporary Community law in general...It should also be mentioned that the book is extremely rich in terms of its sources. Whether or not one accepts Komninos's views on the nature and purpose of private enforcement, the massive amount of high quality references should encourage and facilitate the pursuit of many interesting alternative or subsidiary lines of inquiry. Veljko Milutinovic Common Market Law Review Vol 45 issue 4 ...the first book on EC competition law litigation and will, as such, no doubt contribute to the establishment of this area of the law as a legal discipline in its own right...As Professor Claus-Dieter Ehlermann remarks in an erudite Foreword, this book will be studied attentively by a large number of readers. In sum, it should have a brilliant future . Given the topicality, the uniqueness and significance of the book to the development of a comprehensive theory of EC competition litigation, there can be no doubt that this will be the case. Gordon Blanke Global Competiton Litigation Review Vol 1, Issue 3, 2008

Author Information

Dr. Assimakis P. Komninos is a Local Partner at the Brussels office of White & Case LLP, a visiting lecturer at IREA - Université Paul Cézanne Aix - Marseille III and a visiting research fellow at University College London (UCL).

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