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Operating alongside public enforcement, private enforcement deters anticompetitive conduct and compensates the victims of competition law breaches, empowering them to vindicate their rights against companies. Approaches to private competition enforcement differ vastly across jurisdictions, further complicated by a diversity of tort and procedural laws. Given that many anticompetitive practices are transnational in nature, understanding how private competition claims are dealt with in different jurisdictions is essential.Pedro Caro de Sousa's monograph offers the first comprehensive and truly international overview of private competition enforcement. Across two sections, Caro de Sousa breaks down the main constituent elements of private enforcement and compares the ways in which each element is implemented across the main jurisdictions, particularly in the US and the EU. The book's first section supplies a general overview of the topic, including a discussion of the relationship between public and private enforcement. The second section looks in more detail at the key elements of a private enforcement system, such as the judicial mechanisms for obtaining private redress for competition harm; practical solutions for ensuring effective enforcement; and the main economic methods that may be used to calculate damages arising from an infringement of competition law. Providing new insight into a topic of growing importance, Caro de Sousa's book is designed to aid practitioners, policymakers, and researchers in dealing with competition matters.
How can private enforcement mechanisms effectively complement public antitrust efforts to deter anticompetitive conduct and compensate victims across diverse international jurisdictions? Pedro Caro de Sousa, an expert in competition law, examines the intersection of tort law, procedural requirements, and economic theory. He argues that because anticompetitive practices frequently cross borders, a comparative understanding of enforcement systems is necessary for practitioners and policymakers to ensure victims can successfully vindicate their rights.
What You Will Find
Experts identify this monograph as a foundational international overview for legal practitioners and researchers navigating the complexities of transnational competition claims. Readers frequently note the clarity with which the author synthesizes diverse procedural and economic data into a coherent comparative framework.
Page Count:
288
Publication Date:
2024-08-15
Publisher:
Oxford University Press
ISBN-10:
0198890591
ISBN-13:
9780198890591
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