Pringle: Legal Reasoning, Text, Purpose and Teleology

citation manager

Private Enforcement of European Competition Law and the Persisting Collective Action Problem

citation manager

Abstract: Several economic criteria may help policy-makers in choosing between public and private enforcement of competition law. The welfare losses caused by infringements of the cartel prohibition may be better internalized by imposing fines rather than by... bringing damages actions. Public agencies may possess information advantages and they may also be able to remedy the difference between the private and social motive to sue. Private enforcement may complement public enforcement by increasing deterrence and guaranteeing compensation. Both direct and indirect buyers should be given standing to bring damages actions. Given the reluctance to introduce US-style class actions, European policymakers favour collective opt-in actions and representative actions brought by consumer associations. However, the participation rate of opt-in collective actions may remain too low and actions by consumer associations are also vulnerable to principal-agent problems. Moreover, private enforcement of competition law by consumer associations will remain suboptimal if the funding problem is not solved. This paper argues in favour of an optimal mix of public and private enforcement of competition law and suggests some remedies to overcome the above mentioned problems.hide

The European Commission’s Programme for State Aid Modernization

citation manager

Abstract: The European Commission has set out a modernization programme for state aid. This affects both substantive state aid law and administrative procedures. On substance, while the Commission has no power to change the meaning of state aid, which is der...ived from Article 107 TFEU and is a matter of law ultimately for the CJEU, it intends to issue a detailed Notice on the notion of aid, in particular in relation to fiscal aid and application of the market investor principle. More proactively, the Commission is revamping the system of assessment and exemption, with a plan to reform the general block exemption and the various guidelines on, for example, environmental protection, research and development and innovation, risk capital and restructuring aid. A more analytical approach, weighing up the economic effects, will be carried out in assessing compatibility. On the procedural side, the main reform is intended to lessen the Commission’s administrative workload by reducing the number of complaints that require a Commission decision. Whereas, at present, all complaints must be acted on, regardless of the interest of the complainant, it is intended that henceforth complainants would have to show that they were interested parties within the meaning of the Procedural Regulation. Complaints from other persons would merely be treated as information tools. The Commission also is seeking to introduce new powers for gathering market information from sector participants.hide

The Loss of Chance in Civil Law Countries: A Comparative and Critical Analysis

citation manager

Abstract: Bearing in mind the judgments recently given by the Portuguese Supreme Court, which have recognized the right to be compensated for loss of chance for the first time, this article sets out to discover the actual legal framework for this type of dam...age. In order to do so, the evolution of loss of chance within French and Italian law – the two mainland systems in which this damage has been generally accepted – will be analysed. This will be followed by a critical evaluation of the results accomplished. Dissatisfied with the traditional framework of loss of chance, alternative proposals will be sought, especially those formulated by some German scholars, given the proximity of Portuguese civil law to German civil law. The consequence is, on the one hand, the need to take into consideration the normative framing and the nature of the final damage for which the compensation for loss of chance is a substitute and, on the other hand, the need to include loss of chance, when qualified as an economic loss, in a system of civil liability with limited mobility and permeability as to value judgements.hide

Establishing the Content of Foreign Law: A Comparative Study

citation manager

Abstract: It is in response to the need for certainty and consistency that systems of regulation and law are created to govern the conduct of people of a community, society, nation or state. With increases in the ease of cross-border movement and activity, a...s well as global communication, parties and courts are more frequently being exposed to systems of regulation and law that are foreign to them. This, in turn, creates uncertainty regarding not only the ability of national courts to correctly apply foreign law, but also the quality of evidence relating to the content of foreign law. Relevant studies conducted for the Hague Conference on Private International Law and the European Commission have classified states according to their treatment and application of foreign law. The author of this article focuses instead on the most common methods used to ascertain foreign law, and using a much larger sample of states, argues that there is little value in classifying different approaches.hide

Right of the European Union to claim compensation before a national court against the member of a cartel: Case C-199/11 Europese Gemeenschap v. OTIS NV and Others, Judgment of 6 November 2012, not yet reported

citation manager

A change for future intra-European diplomatic relations? Case C-364/10 Hungary v. Slovakia, Judgment of 16 October 2012, not yet reported

citation manager

Amending the Statute of the EU Courts

citation manager

A New Framework for Business Restructuring in Europe: The EU Commission’s Proposals for a Reform of the European Insolvency Regulation and Beyond

citation manager