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 argues that European competition law does not allow for the definition of gratuitous markets, and that it is highly unlikely that free products/services can be included in markets with paid products/services. It is also argued that competition law does not apply to truly gratuitous exchanges (“de gratis non curat lex”). This does not mean, however, that free products should not be taken into account in the enforcement of competition law to paid products (e.g. when assessing market power). The conclusions rest on an overall analysis of the highly divergent and contradictory judicial and administrative practice, predominantly from EU legal orders, relating to a wide range of sectors, including TV, radio, print media, online services, software, telephone directories and payment cards.

'Ceci n’est pas un Marché': Gratuity and Competition Law

This paper summarizes the results of research carried out into the private enforcement of competition law in Portugal since its inception. Its aim is to provide a more accurate view of judicial precedents and to create an extensive basis for the identification of practical problems and the proposal of adequate solutions. It also aims at providing a source for the quoting of national judicial precedents relating to competition law issues.

Private Enforcement of Competition Law in Portugal (I): An Overview of Case-Law

Sensitive Trade: The Perspective of European States

Applicants have a very small chance of seeing the European Courts overturn a market definition in a Commission decision. There is a tendency to limit judicial review of market definitions to manifest errors of assessment, when, actually, most issues that are raised before the Court are points of facts, of law or of logic, which are subject to full judicial review. The ECJ has shown itself particularly unwilling to discuss this issue, jeopardising the rights of the defence, the objectivity of market definition and, ultimately, the rule of law.

Judicial Review: Do European Courts Care About Market Definition?

After more than 50 years of a Euratom Community and despite detailed and wide-reaching European rules in neighbouring fields such as radiological protection, the European Union (EU) has so far been unable to adopt rules on the safety of nuclear installations and the management of nuclear waste. After highlighting the limitations of the existing international law in this field, this paper shows that the EU not only has the competency to act, but that such action is highly desirable. It then looks at past and current efforts to produce such EU regulations and analyses their characteristics and the reasons why they are being blocked by a minority of Western member states. A method is proposed to analyse the varying proposals and their inherent usefulness and desirability.

/pdf/the-future-of-the-regulation-of-nuclear-safety-in-the-eu-pkaxwqfduj.pdf

Miguel Sousa Ferro

Papers

'Ceci n’est pas un Marché': Gratuity and Competition Law

Private Enforcement of Competition Law in Portugal (I): An Overview of Case-Law

Sensitive Trade: The Perspective of European States

Judicial Review: Do European Courts Care About Market Definition?

The future of the regulation of nuclear safety in the EU