International Antitrust Litigation

Conflict of Laws and Coordination

Jurgen Basedow, Stephanie Francq, Laurence Idot, Jurgen Basedow, Stephanie Francq, Laurence Idot

• Publisher: Hart Publishing
• Year: 2012
• Print ISBN: 9781849460392
• eBook ISBN: 9781847318879
• Edition: 1
• Topic: Law
• Subtopic: Conflict of Laws
• Index: Law

The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.

Table of contents

• Cover
• Prelims
• Series Editors' Preface
• Contents
• Table of Abbreviations
• Table of Cases
• Table of Legislation
• Table of Treaties, Conventions and Agreements Etc
• 1. Introduction
• Part I. International Antitrust Litigation - Conflict-of-Laws Issues
• I.1 Jurisdiction in EU Cross-Border Litigation
• 2. How to Apply Articles 5(1) and 5(3) Brussels I Regulation to Private Enforcement of Competition Law: a Coherent Approach
• 3. International Cartels and the Place of Acting under Article 5(3) of the Brussels I Regulation
• 4. Jurisdiction Issues: Brussels I Regulation Articles 6(1), 23, 27 and 28 in Antitrust Litigation
• I.2. Applicable Law in the EU - Rome I and Rome II
• 5. Private Enforcement of Antitrust Provisions and the Rome I Regulation
• 6. International Antitrust Claims under the Rome II Regulation
• 7. Relevance of the Distinction between the Contractual and Non-Contractual Spheres (Jurisdiction and Applicable Law)
• I.3. Alternative Forms of Litigation
• 8. International Litigation and Competition Law: The Case of Collective Redress
• 9. Arbitration and EU Competition Law
• I.4. Beyond the EU
• 10. Jurisdiction and Choice of Law in International Antitrust Law - A US Perspective
• 11. Recognition and Enforcement of Foreign Judgments
• Part II. International Antitrust Litigation - Coordination Issues
• II.1 Coordination between Competition Authorities and Courts
• 12. Access to Evidence and Files of Competition Authorities
• 13. Exchange of Information and Opinions between European Competition Authorities and Courts - From a Swedish Perspective
• 14. Discovery in a Global Economy
• II.2 Coordination Within the European Competition Network
• 15. The ECN and Coordination of Public Enforcement of EU Law - Can Lessons Be Learned from International Private Law Jurisdiction Rules and Vice Versa?
• 16. Regulation 1/2003 (and Beyond): Balancing Effective Enforcement and Due Process in Cross-border Antitrust Investigations
• 17. Recognition of Foreign Decisions within the European Competition Network
• Policy Proposals
• How to Apply Articles 5(1) and 5(3) Brussels I Regulation to Private Enforcement of Competition Law: a Coherent Approach
• International Cartels and the Place of Acting under Article 5(3) of the Brussels I Regulation
• Jurisdiction Issues: Brussels I Regulation Articles 6(1), 23, 27 and 28 in Antitrust Litigation
• Rome I and Antitrust Litigation
• Rome II and Antitrust Litigation
• Relevance of the Distinction between the Contractual and Non-Contractual Spheres (Jurisdiction and Applicable Law)
• International Litigation and Competition Law: the Case of Collective Redress
• Arbitration and EU Competition Law
• Recognition and Enforcement of Foreign Judgments
• Access to Evidence and Files of Competition Authorities
• Exchange of Information and Opinions between European Competition Authorities and Courts - From a Swedish Perspective
• The ECN and Coordination of Public Enforcement of EU Law - Can Lessons Be Learned from International Private Law Jurisdiction Rules and Vice Versa?
• Regulation 1/2003 (and Beyond): Balancing Effective Enforcement and Due Process in Cross-Border Antitrust Investigations
• Recognition of Foreign Decisions within the European Competition Network
• Index