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.

Private enforcement of competition law in Portugal. Virtues and shortcomings of the "actio popularis"

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.

Apple (C-595/17): ECJ on Jurisdiction Clauses and Private Enforcement: 'Multinationals, Go Ahead and Abuse Your Distributors'?

Abstract: Description and analysis of the ECJ's case-law on the interpretation and validity of jurisdiction clauses in the context of antitrust private enforcement actions, in light of its Judgment of 24 October 2018, Apple (C-595/17) EU:C:2018:854.

Directive 2009/71/Euratom: the losing battle against discrimination and protection of sovereignty

Abstract: This paper looks at the recently adopted framework for nuclear safety in the European Union (EU) – Directive 2009/71/Euratom, both in terms of its legislative history and of the outcome's usefulness and characteristics.

Causation in Competition Law Damages Actions

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.

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

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.

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

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.

Participatory democracy in the European Union : a civil perspective

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