European Competition Law Annual 2011 : Integrating Public and Private Enforcement of Competition Law - Implications for Courts and Agencies

ISBN-13: 9781849463515 / Angielski / Twarda / 2014 / 640 str.

Mel Marquis

Opis

This volume contains the written contributions and oral proceedings of the -16th Annual EU Competition Law and Policy Workshop,- held at the European University Institute in June 2011. This meeting of the Workshop examined the emerging and increasingly important use of private rights of action before national courts and in ADR fora, and the prospects for legislation and soft law initiatives at the level of the EU. Experiences in various jurisdictions were discussed, both within Europe, as well as in the US and Canada. The objective of the Workshop was to explore how the institutions of public and private enforcement might function harmoniously, in an 'integrated' manner to promote the public interest, while ensuring that individual rights created in this field by the Treaty on the Functioning of the European Union are vindicated. (Series: European Competition Law Annual)

Spis treści

Perchance to dream: Well Integrated Public and Private Antitrust Enforcement in the European Union Mel Marquis Part I Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights I Andrew I Gavil, Designing Private Rights of Action for Competition Policy Systems: The Role of Interdependence andthe Advantages of a Sequential Approach II Tom Ottervanger, Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights III Scott Campbell and Tristan Feunteun, Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights – A Claimant's Perspective IV Donald I Baker, Trying to Use Criminal Law and Incarceration to Punish Participants and Deter Cartels Raises Some Broad Political and Social Questions in Europe V James S Venit and Andrew L Foster, Competition Compliance: Fines and Complementary Incentives Part II Integrating Public and Private Enforcement in Europe: Legal and Jurisdictional Issues I Fred Louis, Promoting Private Antitrust Enforcement: Remember Article 102 II Jochen Burrichter and Enno Ahlenstiel, Integrating Public and Private Enforcement in Europe: Legal and Jurisdictional Issues – The German Perspective III Luís Silva Morais, Integrating Public and Private Enforcement in Europe: Legal Issues IV Assimakis P Komninos, The Relationship between Public and Private Enforcement: quod Dei Deo, quod Caesaris Caesari V Barry E Hawk and Yolaine Seaton, US Antitrust Arbitration Part III Options for Collective Redress in the European Union I J Thomas Rosch, Designing a Private Remedies System for Antitrust Cases – Lessons Learned from the U.S. Experience II James Keyte, Collective Redress: Perspectives from the US Experience III Brian A Facey and David Rosner, Collective Redress for Cartel Damages in Canada IV Mario Siragusa, Options for Collective Redress in the EU V Silvia Pietrini, The Future of Collective Damages Actions in Europe Part IV Drawing Lessons and Conclusions I John Ratliff, Integrating Public and Private Enforcement of Competition Law: Implications for Courts and Agencies II Ian S Forrester and Mark D Powell, Market Forces and Private Enforcement: A Start But Some Way Still to Go III Bruno Lasserre, Integrating Public and Private Enforcement of Competition Law: Implications for Courts and Agencies IV Horst Butz, Integrating Public and Private Enforcement in Europe: Issues for Courts V Philip Lowe, Conclusions Part V Private Damages Claims and the Elusive Futur I Veljko Milutinoviæ, The 'Right to Damages' in a 'System of Parallel Competences': A Fresh Look at BRT v SABAM