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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: £140.00



This is a Print On Demand Title.

The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Also available as
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9781782251606
£126.00

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

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