Title: Group litigation as an instrument of competition law enforcement – analysis based on European, French and Polish experience
Author: Maciej Gac
Reviewers: Prof. Laurence Idot, Professor at the University Paris II – Panthéon Assas, Member of the College of the French Competition Authority (Autorité de la concurrence)
Dr. hab. Monika Namysłowska, Professor at the University of Łódz, Head of the Institute of European Private Law.
Series: Textbooks and Monographs (25)
Publisher: University of Warsaw Faculty of Management Press
Place of publishing: Warsaw
Year of publishing: 2017
ISBN: 978-83-65402-61-5, 978-83-65402-62-2 (e-book)
The book undertakes a detailed analysis of the European system of competition law enforcement, and aims to create a theoretical basis required to answer the following questions (i) how to establish a more effective system of antitrust law enforcement in Europe; (ii) how to mitigate the problems of injured individuals claiming compensation; and (iii) how to ensure equilibrium between the public and private methods of competition law enforcement.
In order to address the above issues, the book focuses on the mechanism of group litigation, which is, in the author’s opinion, the missing piece to the puzzle within the European system of competition law enforcement, as well as a key factor required for the establishment of a modern and effective approach to the execution of competition law provisions. Through a comparison of various approaches to group litigation (European and American), as well through reference to the national experience in this area of legal practice (French and Polish), the book aims to formulate a model solution for the enforcement of antitrust law by means of collective redress.
The main objective of the book is to encourage the national and European legislator to undertake more decisive steps in the area of competition law enforcement, and to introduce solutions which are able to mitigate the problems of individuals injured by antitrust law infringements. By formulating de lege ferenda proposals, the author tries to construct a coherent, uniform, and effective approach to collective redress which could possibly be implemented at a European and national level.