Damages Actions and Competition Law

"PART I - Tort Remedies in Competition Law;1. Introduction and overview;2. EU competition law;3. Effectiveness, remedies, and procedure in EU law;4. Models for the development of private tort remedies in national law;5. Green Paper proposals and follow-up reforms;PART II - The cause of action;6. Articles 81-82 EC: Substance of the prohibitions, evidence and proof;7. The merger regime and its implications for private litigation;8. The problem of the causes of action;9. The applicable law;10. Standing and indirect purchaser;11. Fault;12. Causation;13. Damages;14. The impact of the leniency regimes on damages;15. Injunctions and declarations;PART III - Procedure and Evidence;16. Jurisdiction;17. Pleadings;18. Interim measures;19. Disclosure;20. Evidence;21. The impact of the leniency regimes on disclosure and evidence;22. The role of expert evidence;23. Burden and standard of proof;24. The national instances: trial and appellate jurisdictions;25. References to the European Court of Justice;26. Finality (Res judicata) and enforcement of judgments;27. Multi-party litigation and collective/representative actions;28. International Commercial Arbitration;29. Organising Parallel Proceedings;PART IV - General Conclusion;30. Models of EU competition law litigation between harmonization and 'procedural autonomy'"