Tort Law is not harmonised at a European level. Substantive and procedural regulations vary substantially across EU Member States in most of the facets and dimensions of damages actions. These differences derive, amongst other causes, from different legal traditions. However, significant efforts...

Insurance companies and insurance activities are subject to profuse industry regulation, justified by potential market failures, but this does not exclude the applicability to them of Competition Law. Nevertheless, almost all legal systems worldwide foresee, one way or another, significant...

The use of soft law instruments is pervasive in the field of EU competition policy. This poses significant legal challenges derived from the progressive ‘hardening’ of these regulatory tools by the European Courts as a result of the application of the general principles of EU law. The...

The approval of Regulation 1/2003 and the accompanying "modernisation package" of EU antitrust rules has taken antitrust into the civil process. Some rules of this new private enforcement framework are clearly different from those of publicly enforced systems. Most noteworthy are the differences...

Reading the book commented will provide an updated view on the current situation of antitrust politics and law in the United States. The book covers a wide spectrum of issues on market behavior and business practices affected by antitrust rules (agreements and vertical restraints , various...

This chapter analyzes the evolution and current state of antitrust damages litigation in Portugal and Spain. Both countries share the commonality of being novice jurisdictions in dealing with these types of claims. Courts and professionals have shown to be up for the challenges raised in...

This article looks at the commonalities and disparities in the rules against single-firm market abuses in the US and in the EU and their enforcement. Despite they target the same type of business behaviour, the US and the EU have always followed divergent paths. This article will examine...

This paper provides an empirical study of private enforcement of competition law in Spain from 1999 to 2012. So far, the Spanish literature on competition law private litigation is based on qualitative assessments and analysis of some key cases, but has not discussed all cases in depth....

This paper analyses the legal measures adopted to implement Directive 2014/104/EU into Spanish law. After briefly looking at the context of private enforcement of competition law in Spain, it examines the process followed for the transposition and the issues discussed before the adoption of the...

The enforcement of antitrust laws in Spain has mainly been a task for public authorities. Sanctions for antitrust infringements can only be pecuniary, as prison or other criminal penalties are not used as a punishment device. Public enforcement of antitrust laws has, therefore, taken the form of...