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Competition Damages Actions in the EU

Law and Practice, Second Edition

David Ashton

In this revised and much expanded second edition David Ashton provides a comprehensive review of the EU damages directive (Directive 2014/104/EU) and its implementation, bringing the book up to date with the latest advances in EU Competition Law damages actions. This edition also features insights from practising lawyers on national developments in over 10 countries across Europe and an updated, separately authored, chapter on the quantification of loss. This book will provide practising lawyers and scholars alike with a clear, well-structured and updated guide to EU Competition Law Damages.
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Chapter 10: PROCEDURAL ISSUES: PROCEDURES FOR RECOURSE TO THE EXPERTISE OF PUBLIC AUTHORITIES BY THE NATIONAL COURTS

Law and Practice, Second Edition

David Ashton

Extract

Article 15(1) of Regulation (EC) No 1/2003 empowers the national court to ask the Commission to transmit to it information within the possession of the Commission whenever the court is applying Article 101 or 102 of the Treaty on the Functioning of the European Union (TFEU). Article 15(1) is referred to in recital 15 to the Directive, which states that where a national court wishes to order the Commission to disclose evidence in its file, that provision applies. Article 15(1) also empowers the national court, in the same circumstances, to ask the Commission for its opinion on questions concerning the application of the EU competition rules. Article 15(3) of Regulation (EC) No 1/2003 empowers the Commission to make written submissions to the court of any Member State on its own initiative ‘[w]here the coherent application of Article [101] or [102 TFEU] so requires’ (so-called ‘amicus curiae’ briefs). Under the same provision, it may make oral submissions with the permission of the court. The Commission has exercised the power to make ‘amicus curiae’ briefs on a number of occasions. On its website, DG COMP maintains a list of opinions given pursuant to Article 15(1), as well as submissions made pursuant to Article 15(3). In addition to the specific mechanisms laid down by Regulation (EC) No 1/2003, national courts can make a reference to the Court of Justice for a preliminary ruling under Article 267 TFEU.

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