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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Private Enforcement of Antitrust: Regulating Corporate Behaviour through Collective Claims in the EU and US

ISBN13: 9781849804592
Published: July 2014
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00

Despatched in 4 to 6 days.

Enhancing private litigation as a means of boosting the detection of anti-competitive behaviour and of remedying the harmful consequences of these practices on consumers has been at the forefront of the EU Commission agenda for a long time.

Starting from an examination of theories of collective action as a means of mobilising large groups of individuals, this book examines the current approaches governing class certification in competition damages claims in the US Federal courts. Andreangeli argues that the Commission’s ‘established wisdom’ on collective redress in competition cases as well as in the general area of tort law, may no longer be totally justified. The book proposes a more ‘holistic’ approach to collective redress, involving access to civil justice, a greater role for public enforcement authorities and the involvement of representative organisation.

It argues that this may succeed in delivering on goals of efficient adjudication and meaningful compensation of antitrust injuries without compromising on procedural fairness, and therefore that the EU Commission and the legislatures of many Member States may be more inclined to move away from their traditional views on these issues.

Competition Law
1. Setting the scene: European debates on collective Redress in competition law
2. Rule 23 FRCP: “aggregating” individual antitrust claimants in “diffuse injury” cases—the certification criteria of “commonality”, predominance and superiority and the obligation to serve notice
3. “Managing” antitrust class actions under Rule 23(b)(3) FRCP: who “plays the pipe”? And who pays the piper?
4. The EU Commission agenda on collective redress: from a “sector specific” to a mainstream discussion of “group justice” questions
5. Collective litigation in competition cases in the United Kingdom: between ‘personal autonomy’ in civil litigation and effective judicial protection
6. Collective litigation and collective redress in competition claims: continental solutions—the case of Italy and of the Netherlands
7. Access to justice, diffuse torts and competition litigation in the EU: where do we go from here?