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Cross-Border EU Competition Law Actions de Mihail Danov

Cross-Border EU Competition Law Actions: Hart Studies in Competition Law

Editat de Mihail Danov, Florian Becker, Paul Beaumont
en Limba Engleză Hardback – 17 iun 2013
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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Specificații

ISBN-13: 9781849463744
ISBN-10: 1849463743
Pagini: 452
Dimensiuni: 156 x 234 x 18 mm
Greutate: 0.81 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Competition Law

Locul publicării:London, United Kingdom

Caracteristici

The aim of this book is to identify the ways in which cross-border EU competition law actions can be best handled in Europe.The book is the result of a research project funded by the European Commission Civil Justice Programme.In carrying out their research the contributors to the book employed traditional library-based legal research as well as qualitative interviews with legal practitioners in Germany and England.The study proposes solutions for some of the most pressing practical problems in this area and as such will be of interest to all those working in the field of Competition Law.

Notă biografică

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.

Cuprins

1 Introduction - Cross-Border EU Competition Law Actions Mihail Danov and Florian BeckerPart I Research Methodology, Research Findings, Issues to be Addressed2 Research Methodology Mihail Danov and Florian Becker3 Cross-Border EU Competition Litigation: New Evidence from England and Wales Mihail Danov and Stephen Dnes4 Cross-Border EU Competition Litigation: Qualitative Interviews from Germany Julian Kammin and Florian Becker5 Concluding Remarks on Promoting Regulatory Competition: Issues to be Addressed Mihail Danov and Florian BeckerPart 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 Becker7 The General Court and its Role in EU Competition Law Cases Irena Pelikánová8 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 Andreangeli9 Conclusion: Cross-Border Aspects of EU Competition Law and Litigants' Strategies Mihail Danov and Florian BeckerPart III EU Competition Law Actions: Jurisdiction and Some Practical/Procedural Issues Arising in a Cross-Border Context10 Introduction: The Enforcement Pattern Shaping Litigants' Strategies Mihail Danov and Florian Becker11 Tactical Manoeuvres in UK Cartel Damages Litigation Jon Lawrence and Anna Morfey12 Specific Issues in Cross-Border EU Competition Law Actions Brought by Multiple Claimants in a German Context Tim Reher13 Jurisdiction in Cross-Border EU Competition Law Cases: Some Specific Issues Requiring Specific Solutions Mihail Danov14 Mastering Masterfoods: Food For Thought On Staying Civil Damages Litigation Pending Appeals Before The European Courts Pierre VF Bos and Joost A Möhlmann15 Some Procedural Aspects and How They Could/Should be Reformed KPE Lasok KC16 Observations on the Implications of Pfleiderer for Leniency Programmes James Webber17 Collective Redress Proceedings: Specific Issues Regarding Jurisdiction and Choice of Law Dimitrios-Panagiotis L Tzakas18 Collective Redress Antitrust Proceedings: How to Close the Enforcement Gap and Provide Redress for Consumers Mihail Danov, Duncan Fairgrieve and Geraint Howells19 Conclusion: Proposing Specific Solutions to Promote Regulatory Competition and Address the Enforcement Gap Mihail Danov and Florian BeckerPart IV Applicable Law: Cross-Border EU Competition Law Actions20 Introduction: The Importance of Damages in a Cross-Border Context Mihail Danov and Florian Becker21 The Applicable Law in Cross-Border Competition Law Actions and Article 6(3) of Regulation 864/2007 Jonathan Fitchen22 Applicable Law in Cross-Border EU Competition Law Actions - Forum Shopping, Mandatory Rules and Public Policy Hugh Mercer KC23 An Economic Approach to Remedies in Private Competition Claims Stephen Dnes24 Conclusion: EU Competition Law Damages in a Cross-Border Context Mihail Danov and Florian BeckerPart V Recognition and Enforcement of Foreign Judgments25 Introduction: Preclusive Effects of Foreign Judgments/Settlements across Europe Mihail Danov and Florian Becker26 Abolition of Exequatur under the Brussels I Regulation as it Affects EU Competition Law Paul Beaumont27 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 Bariatti28 Conclusion: Some Specific Problems: A Case for Reform Mihail Danov and Florian Becker29 The Way Forward: A Strong Case for Reform at EU Level Mihail Danov and Florian Becker

Recenzii

This collective volume provides an excellent contribution to this literature. This is not your common edited volume, which most often constitutes the publication of some conference proceedings. It is the result of a research project undertaken by the editors with the involvement of academics and legal practitioners.This short review notice cannot of course do justice to an extremely rich collection of essays, both in terms of the information provided and new ideas explored. ...the volume covers all the important aspects of cross-border EU competition law actions and could be of use for both the academic and the practitioner crowds.
...an extremely interesting and thought-provoking book.

Descriere

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.