European competition law annual 2011 : integrating public and private enforcement of competition law : implications for courts and agencies
Title: European competition law annual 2011 : integrating public and private enforcement of competition law : implications for courts and agencies
Publisher: Hart Publishing
Citation: Oxford ; Portland : Hart Publishing, 2014
ISBN: 9781849463515; 9781782253785
This volume contains papers presented at the 16th Annual EU Competition Law and Policy Workshop, held at the European University Institute on 17-18 June 2011. This edition of the Workshop examined the emerging and increasingly important use of private rights of action before national courts, and the prospects for legislation and soft law initiatives at the level of the EU. The book has been updated and reflects the European Commission's private enforcement package of June 2013. Furthermore, the experiences of various national jurisdictions are discussed, both within Europe and in the US and Canada. As a whole, the volume explores how public and private enforcement might function harmoniously, as an 'integrated' system, to promote the public interest while ensuring that individual rights created in this field by the EU competition rules are vindicated. The contributors have, however, devoted significant analysis to the tensions between those two modes of enforcement.
Table of Contents:
-- INTRODUCTION -- Mel Marquis, Perchance to Dream: Well Integrated Public and Private Enforcement in the European Union -- PART 1: Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights -- I - Andrew Gavil, Designing Private Rights of Action for Competition Policy System -- II - Tom Ottervanger, Damages, Deterrence, Leniency and Litigants' Rights -- III - Scott Campbell and Tristan Feunteun, A Claimant's Perspective -- IV - Donald Baker, Criminal Law and Incarceration to Deter Cartels -- V - James Venit and Andrew Foster, Fines and Complementary Incentives -- PART 2: 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, The German Perspective -- III - Luis Silva Morais, Integrating Public and Private Enforcement in Europe -- IV - Assimakis Komninos, Public and Private Enforcement: quod Dei Deo, quod Caesaris Caesari -- V - Barry Hawk and Yolaine Seaton, U.S. Antitrust Arbitration -- PART 3: Options for Collective Redress in the European Union -- I - J. Thomas Rosch, Designing a Private Remedies System for Antitrust Cases -- II - James Keyte, Collective Redress: Perspectives from the U.S. Experience -- III - Brian Facey and Brian 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 4: Drawing Lessons and Conclusions -- I - John Ratliff, Integrating Public and Private Enforcement of Competition Law -- II - Ian Forrester and Mark 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 - Horts Butz, Integrating Public and Private Enforcement in Europe: Issues for Courts -- V - Philip Lowe, Conclusions -- PART 5 - Private Damages Claims and the Elusive Future -- I - Veljko Milutinovic, The 'Right to Damages' in a 'System of Parallel Competences'