Competition law damages actions are often characterized by the uncertainty of the causal connection between the infringement and the harm. The damage consists in a pure economic loss flowing from an anticompetitive conduct. In such cases, the complexity of the markets structures, combined with the interdependence of individuals' assets, fuel this causal uncertainty. In this work, Claudio Lombardi elucidates the concept of causation in competition law damages actions and outlines its practical implications in competition litigation through the comparative analysis of the relevant statutory and case law, primarily in the European Union. This book should be read by practitioners, scholars, and graduate students with experience in competition law, as well as those interested in analyzing economic torts and causation in general.

Causation in Competition Law Damages Actions

This article scrutinizes the last ten years of the academic debate on EU citizenship law taking nine fundamental disagreements among scholars as starting points. It explores EU citizenship's relationship with three groups of issues of fundamental importance, including the place of this concept within the fabric of EU law, the influence of this concept on the essence of the Union as a system of multi-level governance, and its impact on the lives of ordinary Europeans. A large number of key works which influenced the Court and the legislator in the recent years is assessed to outline the likely direction of future research, as well as EU citizenship's future development. Although the literature on the subject is overwhelmingly rich and diverse, this article aspires to provide a representative sample of issues of interest for the framing of the concept at issue from a supranational perspective, necessarily leaving national literatures aside.

The Essence of European Citizenship Emerging from the Last Ten Years of Academic Debate : Beyond the Cherry Blossoms and the Moon?

https://www.zora.uzh.ch/id/eprint/168189/9/Just_2018_Governing_online_platforms_accepted_manuscript.pdf

Governing online platforms: Competition policy in times of platformization

espanolTras mas de medio siglo de aplicacion eminentemente publica del Derecho de la Com­petencia, estamos asistiendo a un impulso de la aplicacion privada, que permite a los perjudicados por conductas anticompetitivas reclamar danos y perjuicios ante los tribunales civiles. Tanto la Directiva 2014/104/CE como su transposicion en Espana por el RD Ley 9/2017 significan grandes avances en este ambito. El objeto del presente trabajo es el analisis y valoracion critica de los primeros pronuncia­mientos judiciales que han tenido lugar resolviendo estas reclamaciones, derivadas principalmente de carteles (azucar, seguro decenal, sobres de papel). Se prestara especial atencion a los informes periciales de valoracion del dano, asi como la diferente eficacia de las acciones follow-on y las stand-alone EnglishAfter more than half a century of public enforcement of Competition law in the EU, we gaze at the fostering of private enforcement, which allows filling damages actions to those who have suffered the economic harm due to anticompetitive practices. Both Directive 2014/104/CE and its implementation in Spain through RD Ley 9/2017 are significant steps in this direction. The aim of this paper is the critical analysis of the first judicial pronouncements dictated when dealing with such claims, basically provoked by cartels (such as sugar, property insurance or envelopes). We examine closely the relevance in these proceedings of the economic proof, as well as the different effectiveness of follow-on and stand-alone actions.

La aplicación privada del derecho de la competencia: acciones de daños y pronunciamientos judiciales

i ACKNOWLEDGMENTS ii ABBREVIATIONS vi 1 Democratic EU: From Representation to Participation 1 1.

Participatory democracy in the European Union : a civil perspective

This paper describes and discusses the two recent judgments of the CJEU regarding the clarification of the concept of information society services, both of which concern Uber. Although theses cases concern Uber, what is, a contrario, important to consider from the case-law is the broader context of the implication(s) of this case-law for EU law and the national regulation of the new sharing economy services – namely in what may affect the pending Airbnb case.

/pdf/uber-court-a-look-at-recent-sharing-economy-cases-before-the-2j8ggva3p3.pdf

Uber Court: a look at recent sharing economy cases before the CJEU

This Book makes a significant and original contribution to the literature on the developing area of private enforcement of EU competition law. It delivers a significant, rigorous and comprehensive analysis of the transposition across a broad selection of MS (MS) of a major EU Directive introduced with the aim of harmonising and facilitation competition law damages actions across the European Union. This book seeks to review and analyse the implementation of the Antitrust Damages Directive across a selected number of EU MS. It aims at analysing the transposition of the Directive into national law firstly from a generic EU law implementation perspective, considering MS processes followed in implementing this EU Directive- ‘the Antitrust Damages Directive’. The book also looks more specifically at the national debates and their consequences for the substantive choices adopted in terms of implementation of the various Directive provisions.

The EU Antitrust Damages Directive : Transposition in the Member States

This paper tackles the ongoing debate over the adoption of EU legislation on institutional design requirements for NCAs by clarifying the status quo. It is argued that EU law already imposes wide-ranging obligations upon Member States when deciding how to set up their NCAs, especially on the basis of the principle of effectiveness. To arrive at that conclusion, a summary of existing institutional design requirements for national regulators in other areas of EU law is provided, and the legal basis for the imposition of such requirements is discussed. By extrapolating and drawing analogies from EU case-law relating to competition law and other areas of EU law, it will be shown that we already have a vast body of judicial clarifications of the precise extent of institutional design requirements for NCAs. Nonetheless, it will also be argued that secondary legislation on this issue is crucial for legal certainty and effectiveness.

Institutional Design of National Competition Authorities: EU Requirements

Directive 2014/104/EU was written on the assumption that the private enforcement of competition law is a matter of tort in all Member States. While doubts about this issue may have been brought up by some during the legislative process, they are not reflected in the final text. This assumption also underlies rules of EU law, notably in the field of private international law. 
This paper shows that this assumption may well prove to be wrong in several Member States, and highlights the consequences thereof. It will do so by focusing specifically on Portugal, but it is likely that the same legal issues will arise in other jurisdictions where civil law has a strong Germanic influence.

Antitrust Private Enforcement in Portugal and the EU: The Tortuous Topic of Tort

In this paper, 'criminal nuclear law' is understood as the group of rules adopted at the national, regional or international level which criminalises or makes it mandatory for states to criminalise the practices associated with nuclear energy or radioactivity and which can be distinguished from other provisions relating to similar practices on the basis of the inherent ultra-hazardous nature of nuclear energy or radioactivity. The paper presents the current rules of criminal nuclear law at the international (Convention on the Physical Protection of Nuclear Material or CPPNM, Nuclear Terrorism Convention (NTC) and UN Security Council (UNSC) Resolution 1540 (2004)), European and national levels, referring to France and Portugal as case studies. It then analyses the extent to which the European and national rules comply with international obligations. Finally, some thoughts on the possible future of international criminal nuclear law are presented.

Miguel Sousa Ferro

Papers

Uber Court: a look at recent sharing economy cases before the CJEU

The EU Antitrust Damages Directive : Transposition in the Member States

Institutional Design of National Competition Authorities: EU Requirements

Antitrust Private Enforcement in Portugal and the EU: The Tortuous Topic of Tort

Criminal nuclear law: international obligations and their implementation in the EU