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Part III Comparative Analysis of the Transposition Processes and Outcomes, 19 Transposition Context, Processes, Measures, and Scope

Barry Rodger, Miguel Sousa Ferro, Francisco Marcos

From: The EU Antitrust Damages Directive: Transposition in the Member States

Edited By: Barry Rodger, Miguel Sousa Ferro, Francisco Marcos

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 October 2020

Damages — Application of EU competition rules — Jurisdictions — State and competition law

This chapter discusses the context, processes, measures, and scope of transposition of the Antitrust Damages Directive across 16 Member States. It first provides a general overview of the competition litigation context in MS, including Cyprus, France, Greece, Hungary, Italy, Spain, and the Netherlands, before considering the timescale for the Directive’s implementation. It then examines other particular aspects of the national processes involved in the adoption of the Directive transposition measures, including the authorities responsible for overseeing the implementation, as well as the form, level, and extent of consultation undertaken with interested parties and stakeholders. The chapter also analyses the nature of the transposition measures adopted across the Member States, key aspects of the debates and issues surrounding the substantive and temporal scope of the Directive’s application, and the difficulties that might arise in the interpretation of transposition measures by the national courts.

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