Public and Private Enforcement of Competition Law in Europe

Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways - for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement - for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation.

The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe.

Public and Private Enforcement of Competition Law in Europe - Introduction and Overview. - Public Enforcement of Anti-Cartel Laws - Theory and Empirical Evidence. - Leniency Programmes and the Structure of Cartels - Remarks from an Economic Perspective. - The Role of Fines in the Public Enforcement of Competition Law. - The Interaction of Public and Private Antitrust Enforcement - The Calculation of Fines and Damages. - The Interaction of Public and Private Enforcement - The Calculation and Reconciliation of Fines and Damages in Europe and Germany. - Disgorgement and Private Enforcement as Mitigating Circumstances for the Determination of Fines in Antitrust Law. - Quantifying Antitrust Damages - Economics and the Law. - Best Practices for Expert Economic Opinions - Key Element of Forensic Economics in Competition Law. - Access to Evidence and Presumptions - Communicating Vessels in Procedural Law. - Economic Evidence in Competition Litigation in Germany. - Private Damage Claims - Recent Developments in the Passing-on Defence. - Competition Law Enforcement in England and Wales.