Cross-Border EU Competition Law Actions

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).

Autorentext

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.

Inhalt

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 QC
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 QC
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