European Competition Law Annual 2011
Integrating Public and Private Enforcement of Competition Law - Implications for Courts and Agencies
- 640 pages
- English
- PDF
- Available on iOS & Android
European Competition Law Annual 2011
Integrating Public and Private Enforcement of Competition Law - Implications for Courts and Agencies
About this book
This volume contains papers presented at the 16th Annual EU Competition Law and Policy Workshop, held at the European University Institute on 17-18 June 2011. This edition of the Workshop examined the emerging and increasingly important use of private rights of action before national courts, and the prospects for legislation and soft law initiatives at the level of the EU. The book has been updated and reflects the European Commission's private enforcement package of June 2013. Furthermore, the experiences of various national jurisdictions are discussed, both within Europe and in the US and Canada. As a whole, the volume explores how public and private enforcement might function harmoniously, as an 'integrated' system, to promote the public interest while ensuring that individual rights created in this field by the EU competition rules are vindicated. The contributors have, however, devoted significant analysis to the tensions between those two modes of enforcement. Authors contributing to this book include: Enno Ahlenstiel
Donald Baker
Jochen Burrichter
Horst Butz
Scott Campbell
Brian Facey
Tristan Feunteun
Ian Forrester
Andrew Foster
Andrew Gavil
Barry Hawk
James Keyte
Assimakis Komninos
Bruno Lasserre
Frédéric Louis
Mel Marquis
Veljko Milutinovic
Luis Silva Morais
Tom Ottervanger
Silvia Pietrini
Mark Powell
John Ratliff
J Thomas Rosch
David Rosner
Mario Siragusa
James Venit
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Information
Table of contents
- Preliminary Pages
- Contents
- List of Participants
- Perchance to Dream: Well Integrated Public and Private Antitrust Enforcement in the European Union
- Part I. Designing a Balanced System: Damages, Deterrene, Leniency and Litigants' Rights
- I. Designing Private Rights of Action for Competition Policy Systems: The Role of Interdependence and the Advantages of a Sequential Approach
- II. Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights
- III. Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights - A Claimant's Perspective
- IV. Trying to Use Criminal Law and Incarceration to Punish Participants and Deter Cartels Raises Some Broad Political and Social Questions in Europe
- V. Competition Compliance: Fines and Complementary Incentives
- Part II. Integrating Public and Private Enforcement in Europe: Legal and Jurisdictional Issues
- I. Promoting Private Antitrust Enforcement: Remember Article 102
- II. Integrating Public and Private Enforcement in Europe Legal and Jurisdictional Issues - The German Perspective
- III. Integrating Public and Private Enforcement of Competition Law in Europe: Legal Issues
- IV. The Relationship between Public and Private Enforcement: quod Dei Deo, quod Caesaris Caesari
- V. US Antitrust Arbitration
- Part III. Options for Collective Redress in the European Union
- I. Designing a Private Remedies System for Antitrust Cases - Lessons Learned from the US Experience
- II. Collective Redress: Perspectives from the US Experience
- III. Collective Redress for Cartel Damages in Canada
- IV. Options for Collective Redress in the EU
- V. The Future of Collective Damages Actions in Europe
- Part IV. Drawing Lessons and Conclusions
- I. Integrating Public and Private Enforcement of Competition Law: Implications for Courts and Agencies
- II. Market Forces and Private Enforcement: A Start but some Way Still to Go
- III. Integrating Public and Private Enforcement of Competition Law: Implications for Courts and Agencies
- IV. Integrating Public and Private Enforcement in Europe: Issues for Courts
- V. Conclusions
- Part V. Private Damages Claims and the Elusive Future
- I. The 'Right to Damages' in a 'System of Parallel Competences': A Fresh Look at BRT v SABAM and its Subsequent Interpretation
- Annex I. Proposal for a Directive of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union (2013)
- Annex II. Commission Staff Working Document Impact Assessment Report: Damages actions for breach of the EU antitrust rules (2013)
- Annex III. Proposal for a Council Directive on rules governing damages actions for infringements of Articles 81 and 82 of the Treaty (2009)
- References
- Table of Cases