Harmonising EU Competition Litigation: The New Directive and Beyond

Foreword
Editors' Preface
Contents
Table of Cases
Table of Legislation
Part I: Main Policy Issues and ParticularChallenges
	1. Introduction to the Directive on Competition Damages Actions
		1. The New Directive
		2. The Background
		3. Aims and Important Features
		4. The Disclosure of Evidence
		5. Will the Directive Fulfil its Aims?
	2. Private Enforcement of EU Competition Law: A Comparison with, and Lessons from, the US
		1. Introduction
		2. The Private Litigation System in the US
		3. Barriers to Private Litigation in the EU
		4. Conclusions
	3. Welfare Effects of Right to Damages-A Practical Approach and the Swedish Perspective
		1. Introduction: Welfare-Enhancing Effects 
Arising from the Right to Damages
		2. Welfare Effects of Damages in General
		3. Welfare Effects of the Right to Damages in Sweden
		4. Summary
	4. Challenges for Swedish Courts: Will the New Directive on Competition Damages Actions Help?
		1. Can We Expect Any Challenges?
		2. The Starting Point for an Analysis of the Impact 
of the Directive in Sweden
		3. Will the Directive's Procedural Provisions 
Give Claimants Better Incentives?
		4. Will the Directive Provide Claimants with Better Economic Incentives?
		5. Collective Redress
		6. Summary and Conclusions
	5. The Damages Directive and Other Enforcement Measures in EU Competition Law
		1. Introduction
		2. Aims and Measures of Public Enforcement
		3. Private Enforcement-Aims, Measures and Incentives
		4. Private Enforcement as a Complement 
to Public Enforcement
		5. Friction between Public and Private Enforcement
		6. The Effects of the Damages Directive on the Interplay between Public and Private Enforcement
		7. Conclusions
Part II: Private Enforcement and theNew Directive in Context
	6. Embedding Procedural Autonomy: The Directive and National Procedural Rules
		1. Introduction
		2. Private Enforcement and the 'National 
Procedural Autonomy' Focus
		3. Embedding Procedural Obligations in the Directive
		4. Conclusion
	7. Private Enforcement of 
Competition Law in Intellectual Property Cases
		1. Introduction
		2. Competition Law as a Defence in Intellectual 
Property Infringement Cases
		3. The FRAND Debate on Injunctive Relief
		4. Conclusion
Part III: Transparency, Leniency Programmes,and Human Rights
	8. Transparency and Liability in Leniency Programmes: A Question of Balancing?
		1. Introduction
		2. The Uncertainty of Leniency and Liability
		3. Access to Leniency Documents and the 
Weighing of Interests
		4. Balancing and the Damages Directive
		5. Concluding Remarks
	9. Access to Documents for Cartel Victims and Cartel Members-Is the System Coherent?
		1. Introduction
		2. Background
		3. Access to Documents According to the ECJ
		4. Access to Documents According to the Directive
		5. Is the System Coherent?
		6. Conclusions
Part IV: Private Enforcement ThroughNational Actions
	10. Practical Private Enforcement: Perspectives from Portugal
		1. Introduction
		2. Main Improvements of the Directive 
on Competition Damages Actions
		3. Antitrust Private Enforcement 
in the Portuguese Context
		4. Specific Issues
		5. Conclusions
	11. Practical Private Enforcement: Perspectives from Poland
		1. Background
		2. Insight into the Approach of the Polish Courts
		3. Why is Private Enforcement not Booming in Poland?
		4. The Future of Private Enforcement in Poland
		5. Concluding Remarks
	12. Practical Private Enforcement: Perspectives from Finland-Causal Links, the Principle of Effectiveness and Requirements for National Solutions
		1. Introduction
		2. Causal Links: Governing Law, Evaluation 
and Acceptability of National Approaches
		3. The Principle of Effectiveness and Outer Limits 
of EU Law Requirements
		4. Concluding Remarks
	13. Practical Private Enforcement: Perspectives from Greece and 
the Netherlands
		1. Introduction
		2. A Preliminary Point: The Legal Basis 
of the Right to Damages
		3. Disclosure of Evidence
		4. The Binding Effect of National Decisions
		5. Limitation Periods
		6. Joint and Several Liability
		7. Passing-On Defence
		8. Consensual Dispute Resolution
		9. Conclusions
Part V: Harm, Indirect Purchasers, andAlternative Redress
	14. Indirect Purchasers-Is there Anything New in the Directive? An Introductory Overview of the Current and Future Status of 
Indirect Purchasers in the EU
		1. Introduction
		2. The Directive-A Short Background and Overview
		3. ECJ Case Law on Antitrust Damages
		4. The US Experience
		5. The Future Treatment of Indirect Purchasers 
in the EU-Relevant Provisions in the Directive
		6. Various Categories of Indirect Purchasers
		7. The Swedish Experience
		8. Concluding Remarks
	15. Beyond the Competition Damages Directive: What Room for Competition Law Restitution?
		1. Introduction
		2. Why and When is Restitution an Option?
		3. Exploring the Scope of the Competition 
Damages Directive
		4. Possibilities and Problems
		5. Must National Restitutionary Remedies 
be Made Available?
		6. Conclusions
	16. The Presumption and Quantification of Harm in the Directive and the 
Practical Guide
		1. Introduction
		2. The Quantification of Harm and the Directive
		3. The Practical Guide on Quantifying Harm
		4. Some Interesting Questions Lying Ahead
		5. Conclusions
Appendix
Index