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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 best be 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…mehr
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 best be 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 Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).
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Autorenporträt
Mihail Danov is a Senior Lecturer in Law at Brunel University. Florian Becker is Professor in Law at Kiel University. Paul Beaumont is Professor of European Union and Private International Law and Director of the Centre for Private International Law of the University of Aberdeen.
Inhaltsangabe
1 Introduction - Cross-Border EU Competition Law Actions Mihail Danov and Florian Becker Part I Research Methodology, Research Findings, Issues to be Addressed 2 Research Methodology Mihail Danov and Florian Becker 3 Cross-Border EU Competition Litigation: New Evidence from England and Wales Mihail Danov and Stephen Dnes 4 Cross-Border EU Competition Litigation: Qualitative Interviews from Germany Julian Kammin and Florian Becker 5 Concluding Remarks on Promoting Regulatory Competition: Issues to be Addressed Mihail Danov and Florian Becker 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)? Mihail Danov and Florian Becker 7 The General Court and its Role in EU Competition Law Cases Irena Pelikánová 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? Arianna Andreangeli 9 Conclusion: Cross-Border Aspects of EU Competition Law and Litigants' Strategies Mihail Danov and Florian Becker 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 Mihail Danov and Florian Becker 11 Tactical Manoeuvres in UK Cartel Damages Litigation Jon Lawrence and Anna Morfey 12 Specific Issues in Cross-Border EU Competition Law Actions Brought by Multiple Claimants in a German Context Tim Reher 13 Jurisdiction in Cross-Border EU Competition Law Cases: Some Specific Issues Requiring Specific Solutions Mihail Danov 14 Mastering Masterfoods: Food For Thought On Staying Civil Damages Litigation Pending Appeals Before The European Courts Pierre VF Bos and Joost A Möhlmann 15 Some Procedural Aspects and How They Could/Should be Reformed KPE Lasok KC 16 Observations on the Implications of Pfleiderer for Leniency Programmes James Webber 17 Collective Redress Proceedings: Specific Issues Regarding Jurisdiction and Choice of Law Dimitrios-Panagiotis L Tzakas 18 Collective Redress Antitrust Proceedings: How to Close the Enforcement Gap and Provide Redress for Consumers Mihail Danov, Duncan Fairgrieve and Geraint Howells 19 Conclusion: Proposing Specific Solutions to Promote Regulatory Competition and Address the Enforcement Gap Mihail Danov and Florian Becker Part IV Applicable Law: Cross-Border EU Competition Law Actions 20 Introduction: The Importance of Damages in a Cross-Border Context Mihail Danov and Florian Becker 21 The Applicable Law in Cross-Border Competition Law Actions and Article 6(3) of Regulation 864/2007 Jonathan Fitchen 22 Applicable Law in Cross-Border EU Competition Law Actions - Forum Shopping, Mandatory Rules and Public Policy Hugh Mercer KC 23 An Economic Approach to Remedies in Private Competition Claims Stephen Dnes 24 Conclusion: EU Competition Law Damages in a Cross-Border Context Mihail Danov and Florian Becker Part V Recognition and Enforcement of Foreign Judgments 25 Introduction: Preclusive Effects of Foreign Judgments/Settlements across Europe Mihail Danov and Florian Becker 26 Abolition of Exequatur under the Brussels I Regulation as it Affects EU Competition Law Paul Beaumont 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 Stefania Bariatti 28 Conclusion: Some Specific Problems: A Case for Reform Mihail Danov and Florian Becker 29 The Way Forward: A Strong Case for Reform at EU Level Mihail Danov and Florian Becker
1 Introduction - Cross-Border EU Competition Law Actions Mihail Danov and Florian Becker Part I Research Methodology, Research Findings, Issues to be Addressed 2 Research Methodology Mihail Danov and Florian Becker 3 Cross-Border EU Competition Litigation: New Evidence from England and Wales Mihail Danov and Stephen Dnes 4 Cross-Border EU Competition Litigation: Qualitative Interviews from Germany Julian Kammin and Florian Becker 5 Concluding Remarks on Promoting Regulatory Competition: Issues to be Addressed Mihail Danov and Florian Becker 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)? Mihail Danov and Florian Becker 7 The General Court and its Role in EU Competition Law Cases Irena Pelikánová 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? Arianna Andreangeli 9 Conclusion: Cross-Border Aspects of EU Competition Law and Litigants' Strategies Mihail Danov and Florian Becker 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 Mihail Danov and Florian Becker 11 Tactical Manoeuvres in UK Cartel Damages Litigation Jon Lawrence and Anna Morfey 12 Specific Issues in Cross-Border EU Competition Law Actions Brought by Multiple Claimants in a German Context Tim Reher 13 Jurisdiction in Cross-Border EU Competition Law Cases: Some Specific Issues Requiring Specific Solutions Mihail Danov 14 Mastering Masterfoods: Food For Thought On Staying Civil Damages Litigation Pending Appeals Before The European Courts Pierre VF Bos and Joost A Möhlmann 15 Some Procedural Aspects and How They Could/Should be Reformed KPE Lasok KC 16 Observations on the Implications of Pfleiderer for Leniency Programmes James Webber 17 Collective Redress Proceedings: Specific Issues Regarding Jurisdiction and Choice of Law Dimitrios-Panagiotis L Tzakas 18 Collective Redress Antitrust Proceedings: How to Close the Enforcement Gap and Provide Redress for Consumers Mihail Danov, Duncan Fairgrieve and Geraint Howells 19 Conclusion: Proposing Specific Solutions to Promote Regulatory Competition and Address the Enforcement Gap Mihail Danov and Florian Becker Part IV Applicable Law: Cross-Border EU Competition Law Actions 20 Introduction: The Importance of Damages in a Cross-Border Context Mihail Danov and Florian Becker 21 The Applicable Law in Cross-Border Competition Law Actions and Article 6(3) of Regulation 864/2007 Jonathan Fitchen 22 Applicable Law in Cross-Border EU Competition Law Actions - Forum Shopping, Mandatory Rules and Public Policy Hugh Mercer KC 23 An Economic Approach to Remedies in Private Competition Claims Stephen Dnes 24 Conclusion: EU Competition Law Damages in a Cross-Border Context Mihail Danov and Florian Becker Part V Recognition and Enforcement of Foreign Judgments 25 Introduction: Preclusive Effects of Foreign Judgments/Settlements across Europe Mihail Danov and Florian Becker 26 Abolition of Exequatur under the Brussels I Regulation as it Affects EU Competition Law Paul Beaumont 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 Stefania Bariatti 28 Conclusion: Some Specific Problems: A Case for Reform Mihail Danov and Florian Becker 29 The Way Forward: A Strong Case for Reform at EU Level Mihail Danov and Florian Becker
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