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Vol 21 No 11 Nov/Dec 2016

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Cross-Border EU Competition Law Actions

Edited by: Mihail Danov, Florian Becker, Paul Beaumont

ISBN13: 9781849463744
Published: June 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



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Also available as
£66.66
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This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can be best handled in Europe.

Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed.

The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges:-

  • Judge I Pelikanova (General Court of the EU);
  • J Lawrence and A Morfey (Freshfields);
  • P Lasok QC (Monckton Chambers);
  • H Mercer QC (Essex Court);
  • J Webber (Shearman & Sterling);
  • T Reher (CMS Hasche Sigle, Germany);
  • P Bos and J Mohlmann (BarentsKrans, The Netherlands);
  • P Beaumont (Aberdeen);
  • S Bariatti (Milan);
  • F Rizzuto (Edge Hill);
  • G Howells (Manchester);
  • D Fairgrieve (BIICL);
  • J Fitchen (Aberdeen);
  • A Andreangeli (Edinburgh),
  • D Tzakas (Athens Bar)
  • and S Dnes (Sidley Austin, Brussels).

Subjects:
Competition Law
Contents:
1. Introduction – Cross-Border EU Competition Law Actions

Part I Research Methodology, Research Findings, Issues to be Addressed
2. Research Methodology
3. Cross-Border EU Competition Litigation: New Evidence from England and Wales
4. Cross-Border EU Competition Litigation: Qualitative Interviews from Germany
5. Concluding Remarks on Promoting Regulatory Competition: Issues to be Addressed

Part II Cross-Border EU Competition Law Actions and the European Courts: Is there a Need for Reform at EU Level?
6. Introduction: Centralisation (Harmonisation) or Decentralisation (Inter-Jurisdictional Regulatory Competition)?
7. The General Court and its Role in EU Competition Law Cases
8. Private Antitrust Claims as a ‘Special Case’: Can the General Court be Envisaged as the Appellate Court vis-à-vis Decisions of National Courts?
9. Conclusion: Cross-Border Aspects of EU Competition Law and Litigants’ Strategies

Part III EU Competition Law Actions: Jurisdiction and Some Practical/Procedural Issues Arising in a Cross-Border Context
10. Introduction: The Enforcement Pattern Shaping Litigants’ Strategies'
11. Tactical Manoeuvres in UK Cartel Damages Litigation
12. Specific Issues in Cross-Border EU Competition Law Actions Brought by Multiple Claimants in a German Context
13. Jurisdiction in Cross-Border EU Competition Law Cases: Some Specific Issues Requiring Specific Solutions
14. Mastering Masterfoods: Food For Thought On Staying Civil Damages Litigation Pending Appeals Before The European Courts
15. Some Procedural Aspects and How They Could/Should be Reformed
16. Observations on the Implications of Pfleiderer for Leniency Programmes
17. Collective Redress Proceedings: Specific Issues Regarding Jurisdiction and Choice of Law
18. Collective Redress Antitrust Proceedings: How to Close the Enforcement Gap and Provide Redress for Consumers
19. Conclusion: Proposing Specific Solutions to Promote Regulatory Competition and Address the Enforcement Gap

Part IV Applicable Law: Cross-Border EU Competition Law Actions
20. Introduction: The Importance of Damages in a Cross-Border Context
21. The Applicable Law in Cross-Border Competition Law Actions and Article 6(3) of Regulation 864/2007
22. Applicable Law in Cross-Border EU Competition Law Actions – Forum Shopping, Mandatory Rules and Public Policy
23. An Economic Approach to Remedies in Private Competition Claims
24. Conclusion: EU Competition Law Damages in a Cross-Border Context

Part V Recognition and Enforcement of Foreign Judgments
25. Introduction: Preclusive Effects of Foreign Judgments/Settlements across Europe
26. Abolition of Exequatur under the Brussels I Regulation as it Affects EU Competition Law
27. The Recognition and Enforcement in the EU of Foreign Judgments in Antitrust Matters: The Case of US and Dutch Judgments and Settlements Rendered upon Class Actions
28. Conclusion: Some Specific Problems: A Case for Reform
29. The Way Forward: A Strong Case for Reform at EU Level
Index.

Series: Hart Studies in Competition Law

Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039
To be published February 2018
Hart Publishing
£60.00
The EU's Antitrust Alternative ISBN 9781509910670
To be published April 2017
Hart Publishing
£55.00
The More Economic Approach to EU Antitrust Law ISBN 9781849466967
Published September 2016
Hart Publishing
£70.00
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
Published July 2016
Hart Publishing
£24.99
Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
Published July 2016
Hart Publishing
£36.99
£70.82 + £14.17 VAT
(ePub)
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Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
Published September 2015
Hart Publishing
£78.00
£62.49 + £12.50 VAT
(ePub)
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£79.16 + £15.83 VAT
(ePub)
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Public Procurement and the EU Competition Rules 2nd ed ISBN 9781849466127
Published May 2015
Hart Publishing
£95.00
£49.99 + £10.00 VAT
(ePub)
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Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
Published April 2014
Hart Publishing
£50.00
Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
Published April 2014
Hart Publishing
£75.00
Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
Published April 2014
Hart Publishing
£30.82 + £6.17 VAT
(ePub)
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Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
Published April 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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European Merger Remedies: Law and Policy ISBN 9781849464116
Published December 2013
Hart Publishing
£70.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
Published November 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
Published November 2013
Hart Publishing
£58.00
Joint Ventures and EU Competition Law ISBN 9781841137933
Published November 2013
Hart Publishing
£110.00
Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
Published November 2013
Hart Publishing
£79.16 + £15.83 VAT
(ePub)
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Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
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Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
Hart Publishing
£53.00
Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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State Aid and the European Economic Constitution ISBN 9781849461054
Published December 2012
Hart Publishing
£55.00
State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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£70.82 + £14.17 VAT
(ePub)
Buy