International antitrust litigation : conflict of laws and coordination / edited by Jürgen Basedow, Stéphanie Francq and Laurence Idot.

Format:

Book

Contributor:

Basedow, Jürgen, 1949- editor.

Francq, Stéphanie, editor.

Idot, Laurence, editor.

Series:

Studies in private international law ; v. 8.

Studies in private international law ; v. 8

Language:

English

Subjects (All):

Antitrust law (International law).

Antitrust law--European Union countries.

Antitrust law.

Conflict of laws--Antitrust law.

Conflict of laws.

Procedure (Law).

Physical Description:

1 online resource (520 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2012.

Language Note:

English

Summary:

"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."--Bloomsbury Publishing.

Contents:

Introduction / Jürgen Basedow, Stéphanie Francq and Laurence Idot

How to apply Articles 5(1) and 5(3) of the Brussels I Regulation to private enforcement of competition law : a coherent approach / Blanca Vilá 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

Private enforcement of antitrust provisions and the Rome I Regulation / Marc Fallon and Stéphanie Francq

International antitrust claims under the Rome II Regulation / Stéphanie Francq and Wolfgang Wurmnest

Relevance of the distinction between the contractual and non-contractual spheres (jurisdiction and applicable law) / Sylvaine Poillot-Peruzzetto and Dominika Lawnicka

International litigation and competition law : the case of collective redress / Dimitrios-Panagiotis L. Tzakas

Arbitration and EU competition law / Assimakis P. Komninos

Jurisdiction and choice of law in international antitrust law : a US perspective / Hannah L. Buxbaum and Ralf Michaels

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

Discovery in a global economy / Maurice E. Stucke

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 M.B. Gerard

Recognition of foreign decisions within the European competition network / Jürgen Basedow.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9786613774002

9781847318886

1847318886

9781472565853

1472565851

9781281063779

1281063770

9781847318879

1847318878

OCLC:

809768487