Gentjan Skara Skara Europeanisation of Private Enforcement of Competition Law

Europeanisation of Private Enforcement of Competition Law

von Gentjan Skara

The Case of Albania

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Beschreibung

This book argues that the European integration process (Europeanisation) is pushing the member states and candidate countries toward a greater convergence with the EU’s competition acquis. Through the transposition of the Directive 2014/104/EU, the member states have harmonised substantive and procedural rules, which is beneficial to individuals and enterprises because it provides a minimum protection across all member states. In addition, it is commonly agreed in academia that the prospect of EU membership brings positive domestic changes in the candidate countries. At the moment, Albania is waiting to open negotiations for the chapters of the EU acquis.
Firstly, this book addresses the evolution of private enforcement at the European level by examining the objectives, modalities, and actors that contributed to the development of private enforcement. Secondly, it analyses the Directive 2014/104/EU and how the three selected EU member states have transposed the directive into their domestic legal system considering the discretion margin left by Article 288 TFEU and a minimum harmonisation level defined in the directive. Thirdly, it provides a historical overview of private enforcement in Albania and shows how the Albanian Competition Authority has addressed the transposition of the Directive 2014/104/EU.

This book argues that the European integration process (Europeanisation) is pushing the member states and candidate countries toward a greater convergence with the EU’s competition acquis. Through the transposition of the Directive 2014/104/EU, the member states have harmonised substantive and procedural rules, which is beneficial to individuals and enterprises because it provides a minimum protection across all member states. In addition, it is commonly agreed in academia that the prospect of EU membership brings positive domestic changes in the candidate countries. At the moment, Albania is waiting to open negotiations for the chapters of the EU acquis.

Firstly, this book addresses the evolution of private enforcement at the European level by examining the objectives, modalities, and actors that contributed to the development of private enforcement. Secondly, it analyses the Directive 2014/104/EU and how the three selected EU member states have transposed the directive into their domestic legal system considering the discretion margin left by Article 288 TFEU and a minimum harmonisation level defined in the directive. Thirdly, it provides a historical overview of private enforcement in Albania and shows how the Albanian Competition Authority has addressed the transposition of the Directive 2014/104/EU.
Takes a ground-breaking approach to the topic of Europeanisation Provides a detailed analysis of EU law on private enforcement and the transposition of Directive 2014/104/EU Offers a systematic investigation of private enforcement in Albania and its prospects

Autor*in

Gentjan Skara

Themen in »Europeanisation of Private Enforcement of Competition Law«

EU Law EU Competition Law Public Enforcement of Competition Law Private Enforcement of Competition Law EU Right to Damages Directive 2014/104/EU Europeanization of Albanian law Albanian Competition Law Albanian Competition Authority Harmonization of Laws

Stimmen zu »Europeanisation of Private Enforcement of Competition Law«

Details

ISBN: 9783030970345
Verlag: Springer International Publishing
Erscheinung: 06.04.2022

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