Arno Lampmann, Evgeny Pustovalov
The work is aimed at all practitioners: judges, in-house or public lawyers, colleagues from outside the field or experienced specialist lawyers. It is based on the premise that the proper handling of procedural aspects in practice is at least as important as the substantive merits of the claim to be enforced. In this respect, it focuses on procedural considerations, explains pitfalls and provides recommendations for action.
Small personal highlights consist of quotations from essays by the now retired, incomparable former presiding judge of the 31st Civil Chamber of the Cologne Regional Court Dieter Kehl (anyone who has ever fought a competition law dispute in Cologne will know him) on what is probably the most difficult procedural topic, the drafting of applications in injunction proceedings. Just like his conduct of proceedings, unsparing but always practice-oriented and instructive.
Great thanks are due to De Gruyter Verlag for their competent and pleasant work. At this point, special mention should be made of Birte Treder, Acquistions Editor, Claudia Loehr, Content Editor – Books Law, and Anett Rehner, Production Editor – Content Preparation and Author Support, who always provided the authors with advice and support.
Despite its not inconsiderable size, which cannot be attributed to the authors but is based on the ever increasing differentiation of legal regulations and case law, the book is highly recommended. Anyone who enters into a competitive dispute on the basis of this work is well prepared; anyone who encounters an opponent so well equipped should be prepared for difficult proceedings.
The presentation of the warning procedure not only presents essential principles, but also the new legal situation that has existed since the law against dubious business practices came into force on 2.12.2020 in a comprehensible manner and forms useful derivations for the practitioner. This applies in particular to the formal requirements for the warning notice and new problems of abuse of rights. The almost complete evaluation of the case law of the past two years provides valuable guidance.
The chapters of the book are peppered with helpful practical tips and useful recommendations for action. […] Overall, the second edition of Arno Lampmann’s and Evgeny Pustovalov’s practical handbook offers a good and up-to-date overview of the subject matter of competition law practice and is thus ideally suited as a reference work for both beginners and experienced professionals.
The volume delivers what its title and the name of the book series promise, providing an easy-to-read, practice-oriented introduction to the customs and pitfalls lurking in the enforcement of competition law claims. In particular, the book will not leave the reader at a loss with regard to the central points of the warning notice and the discovery procedure. Anyone who has read the description of the formulation of the application, will not understand why, in judicial practice, a futile attempt is still made today, right up to the third instance, to enforce a claim for injunctive relief with an undefined claim. […] a recommendation that gives the beginner good access to the subject matter and helps the experienced practitioner to stay up to date.
All in all, this 300-page work is recommended to anyone who wants to get a quick overview and obtain practical information or familiarize themselves with the subject. As a “practical handbook”, it serves its purpose excellently and at times goes well beyond this in terms of the depth of the discussion. As a standard work, it should not be missing from any well-stocked reference library.
It is particularly noteworthy that the discussions on one topic are supplemented by numerous cross-references to related topics. In this way, the practitioner can easily find those aspects that he or she may still need to consider when dealing with an issue. Particularly helpful are also the numerous practical notes with advice and supplementary information, which facilitate the implementation of the theory in everyday legal practice. The work is a clear recommendation for every lawyer for whom the UWG (and intellectual property law) is not part of everyday business, but nevertheless occasionally comes across the desk. It is also excellent for the novice as an introduction to the practice of green law. But even for the professional who wants to get a quick overview of the current state of case law and literature, it is a great help.
Frankly, I was skeptical at the outset as to what news I might find in such a slim booklet on the UWG. That was haughty. You have succeeded in presenting legal-strategic tips to the point in various places in the very first chapter in a refreshingly straightforward manner. I emphasize this because, as a competition lawyer, one often has to work with unnecessarily complicated texts. Your book does not need this, congratulations!
Due to the special conception of their work, the authors have succeeded in a “balancing act”. Anyone who wants to or has to deal with competition law for the first time is given the opportunity to familiarize themselves quickly and comprehensively with the substantive and procedural principles of competition law. Practitioners will appreciate the work because you can always carry the compact work with you and quickly look it up in certain litigation situations and find suitable recommendations for action. I would particularly like to recommend the chapter “Streitgegenstand und Antragsfassung”.
Such a work has actually been missing and I think it is a good help to get acquainted with the topics and to look up again in case of doubt.
I read the book with great attention because I hold lectures on the subject at regular intervals of three to four semesters. In this respect, I could understand the structure, manageability, etc. very well. All this you have really succeeded well!
The work is practical, comprehensible and can be recommended both for an introduction to the subject and for day-to-day work. While the book provides beginners with a logically structured and explanatory presentation of competition law, practitioners can quickly become confident in their approach or gain an overview of the options available to them. It is recommended .
The book offers a pleasingly concise presentation of the aspects of claim enforcement in competition law that are important in practice, thus indicating that practitioners have written from practice for practice.
Arranged chronologically, differentiated structure, numerous cross-references and, brand new: Extensive practical information on every process situation.