International Antitrust Litigation

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.

Autorentext

Jürgen Basedow is Director, Max Planck Institute for Comparative and International Private Law, Hamburg, Professor at the University of Hamburg and former chairman of the German Monopolies Commission.
Stéphanie Francq is Professor and Chair of European Law at the Catholic University of Louvain.
Laurence Idot is Professor at the University Paris II Panthéon-Assas and member of the Board of the French Competition Authority.

Inhalt

1. Introduction
   Jürgen Basedow, Stéphanie Francq and Laurence Idot
   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) of the Brussels I Regulation to Private Enforcement of Competition Law: a Coherent Approach
      Blanca Vilà Costa
   3. International Cartels and the Place of Acting under Article 5(3) of the Brussels I Regulation
      Jürgen Basedow
   4. Jurisdiction Issues: Brussels I Regulation Articles 6(1), 23, 27 and 28 in Antitrust Litigation
      MichaelWilderspin
      I.2. APPLICABLE LAW IN THE EU - ROME I AND ROME II
   5. Private Enforcement of Antitrust Provisions and the Rome I Regulation
      Marc Fallon and Stéphanie Francq
   6. International Antitrust Claims under the Rome II Regulation
      Stéphanie Francq and Wolfgang Wurmnest
   7. Relevance of the Distinction between the Contractual and Non-Contractual Spheres (Jurisdiction and Applicable Law)
      Sylvaine Poillot-Peruzzetto and Dominika Lawnicka
      I.3. ALTERNATIVE FORMS OF LITIGATION
   8. International Litigation and Competition Law: the Case of Collective Redress
      Dimitrios-Panagiotis L Tzakas
   9. Arbitration and EU Competition Law
      Assimakis P Komninos
   10. Jurisdiction and Choice of Law in International Antitrust Law - A US Perspective
       Hannah L Buxbaumand RalfMichaels
   11. Recognition and Enforcement of Foreign Judgments
       Catherine Kessedjian
       PART II. INTERNATIONAL ANTITRUST LITIGATION - COORDINATION ISSUES
       II.1. COORDINATION BETWEEN COMPETITION AUTHORITIES AND COURTS
   12. Access to Evidence and Files of Competition Authorities
       Laurence Idot
   13. Exchange of Information and Opinions between European Competition Authorities and Courts - From a Swedish Perspective
       Robert Moldén
   14. Discovery in a Global Economy
       Maurice E Stucke
   15. The ECN and Coordination of Public Enforcement of EU Law - Can Lessons Be Learned from International Private Law Jurisdiction Rules and Vice Versa?
       Barry J Rodger
   16. Regulation 1/2003 (and Beyond): Balancing Effective Enforcement and Due Process in Cross-Border Antitrust Investigations
       Damien MB Gerard
   17. Recognition of Foreign Decisions within the European Competition Network
       Jürgen Basedow
       How to apply Articles 5(1) and 5(3) of the Brussels I Regulation to Private Enforcement of Competition Law: a Coherent Approach
       Blanca Vilà Costa
       International Cartels and the Place of Acting under Article 5(3) of the Brussels I Regulation
       Jürgen Basedow
       Jurisdiction Issues: Brussels I Regulation Articles 6(1), 23, 27 and 28 in Antitrust Litigation
       Michael Wilderspin
       Rome I and Antitrust Litigation
       Marc Fallon & Stéphanie Francq
       Rome II and Antitrust Litigation
       Stéphanie Francq & Wolfgang Wurmnest
       Relevance of the Distinction between the Contractual and Non-Contractual Spheres (Jurisdiction and Applicable Law)
       Sylvaine Poillot-Peruzzetto & Dominika Lawnicka
       International Litigation and Competition Law: the Case of Collective Redress
       Dimitrios-Panagiotis L Tzakas
       Arbitration and EU Competition Law
       Assimakis P Komninos
       Recognition and Enforcement of Foreign Judgments
       Catherine Kessedjian
       Access to Evidence and Files of Competition Authorities
       Laurence Idot
       Exchange of Information and Opinions between European Competition Authorities and Courts - From a Swedish Perspective
       Robert Moldén
       The ECN and Coordination of Public Enforcement of EU Law - Can Lessons Be Learned from International Private Law Jurisdiction Rules and Vice-Versa?
       Barry J Rodger
       Regulation 1/2003 (and Beyond): Balancing Effective Enforcement and Due Process in Cross-Border Antitrust Investigations
       Damien MB Gerard
       Recognition of Foreign Decisions within the European Competition Network
       Jürgen Basedow