Private enforcement of antitrust : regulating corporate behaviour through collective claims in the eu and us / Arianna Andreangeli.

Format:

Book

Author/Creator:

Andreangeli, Arianna, author.

Language:

English

Subjects (All):

Antitrust law.

Civil procedure.

Physical Description:

1 online resource (422 p.)

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar, 2014.

Language Note:

English

Summary:

Enhancing private litigation as a means of boosting the detection of anti-competitive behaviour and of remedying the harmful consequences of these practices on consumers has been at the forefront of the EU Commission agenda for a long time. Starting from an examination of theories of collective action as a means of mobilising large groups of individuals, this book examines the current approaches governing class certification in competition damages claims in the US Federal courts. Andreangeli argues that the Commission's 'established wisdom' on collective redress in competition cases as well as

Contents:

Cover; Copyright; Contents; Acknowledgements; Table of cases; 1. Setting the scene: European debates on collective redress in competition law; PART I Aggregating individual antitrust claims into collective legal actions: the example of Rule 23 of the Federal Rules of Civil Procedure; 2. Rule 23 FRCP: "aggregating" individual antitrust claimants in "diffuse injury" cases - the certification criteria of "commonality", predominance and superiority and the obligation to serve notice; 3. "Managing" antitrust class actions under Rule 23(b)(3) FRCP: who "plays the pipe"? And who pays the piper?

PART II What about Europe? The status quo and the future directions of collective redress in competition cases within the EU legal system4. The EU Commission agenda on collective redress: from a "sector specific" to a mainstream discussion of "group justice" questions; 5. Collective litigation in competition cases in the United Kingdom: between "personal autonomy" in civil litigation and effective judicial protection; 6. Collective litigation and collective redress in competition claims: continental solutions - the cases of Italy and the Netherlands

7. Access to justice, diffuse torts and competition litigation in the EU: where do we go from here?Index

Notes:

Includes index.

Description based on print version record.

ISBN:

1-84980-614-4