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Miguel Sousa Ferro

Bio: Miguel Sousa Ferro is an academic researcher from University of Lisbon. The author has contributed to research in topics: Competition law & Damages. The author has an hindex of 5, co-authored 31 publications receiving 88 citations.

Papers
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Posted Content
TL;DR: In this paper, the authors build on the results of research carried out into the private enforcement of competition law in Portugal, published in a previous issue of this journal, to clarify the legal framework that governs the options offered to private parties that suffered damages as a result of antitrust infringements, and complete it with an assessment of the viability of those options from an economic perspective, depending on the characteristics of each case.
Abstract: This paper builds on the results of research carried out into the private enforcement of competition law in Portugal, published in a previous issue of this journal. Its goal is to clarify the legal framework that governs the options offered to private parties that suffered damages as a result of antitrust infringements, and to complete it with an assessment of the viability of those options from an economic perspective, depending on the characteristics of each case.

2 citations

Journal ArticleDOI
TL;DR: For several years now, a significant number of coastal states have claimed a right to deny passage through their territorial seas, or even through their exclusive economic zones (EEZ), to ships carrying ultra-hazardous cargoes.
Abstract: For several years now, a significant number of coastal states have claimed a right to deny passage through their territorial seas, or even through their exclusive economic zones (EEZ), to ships carrying ultra-hazardous cargoes. The issue was particularly brought into the limelight with the trips of the Pacific Teal and the Pacific Pintail, in the framework of a nuclear fuel recycling programme between the UK/France and Japan. But claims in this direction have been expressed since at least the negotiation of the 1982 United Nations Convention on the Law of the Sea (LOS Convention).

1 citations

31 Dec 2014
TL;DR: An overall analysis of judicial and administrative practice, focused predominantly on EU legal orders, relating to a wide range of sectors, shows highly divergent and contradictory positions as discussed by the authors, which is highly different and contradictory.
Abstract: An overall analysis of judicial and administrative practice, focused predominantly on EU legal orders, relating to a wide range of sectors, shows highly divergent and contradictory positions…

1 citations

Book ChapterDOI
28 Jun 2019

1 citations

Posted Content
TL;DR: In this paper, the European Citizens' Initiative (ECI) is argued to be an overregulated mere right of petition, with questionable merits, and the introduction of this institute in the European Union is discussed.
Abstract: This paper provides an overview of the institute of popular legislative initiative in Comparative Constitutional Law and then discusses the introduction of this institute in the European Union (European Citizens' Initiative). It is argued that the ECI is an overregulated mere right of petition, with questionable merits.

1 citations


Cited by
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Book
02 Jan 2020
TL;DR: Lombardi et al. as discussed by the authors 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.
Abstract: 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.

45 citations

Journal ArticleDOI
TL;DR: In this paper, the authors examine the last ten years of the academic debate on EU citizenship law taking nine fundamental disagreements among scholars as starting points and explore EU citizenship's relationship with three groups of fundamental importance, including the place of this concept within the fabric of EU law, the influence on the essence of the Union as a system of multi-level governance and its impact on the lives of ordinary Europeans.
Abstract: 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.

43 citations

Journal ArticleDOI
TL;DR: In this article, the authors argue that a paradigmatic change in competition policy is needed and empirically under way to cope with the challenges posed by economically strong online platforms and their big-data-based business models.

33 citations

01 Jan 2019
TL;DR: In this article, the first judicial pronouncements dictated when dealing with such claims, basically provoked by cartels (such as sugar, property insurance or envelopes), examine closely the relevance in these proceedings of the economic proof, as well as the different effectiveness of follow-on and stand-alone actions.
Abstract: 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.

29 citations

Dissertation
01 Feb 2014
TL;DR: In this paper, the Democratic EU: From Representation to Participation (DUE) is described. But the authors do not discuss the role of women in the process of representation.
Abstract: i ACKNOWLEDGMENTS ii ABBREVIATIONS vi 1 Democratic EU: From Representation to Participation 1 1.

21 citations