Litigation and arbitration in EU competition law
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Cheltenham : Edward Elgar Publishing, 2015
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MARQUIS, Mel, CISOTTA, Roberto (editor/s), Litigation and arbitration in EU competition law, Cheltenham : Edward Elgar Publishing, 2015 - https://hdl.handle.net/1814/35279
Abstract
As courts and arbitrators function daily as front line decision-makers applying EU competition law, this book reflects on a variety of issues related to the litigation and arbitration of cases in this field. It provides expert analysis from perspectives of substance, procedure, fundamental rights, as well as inter-institutional dialogue and coherence. Featuring a range of scholarly contributions, the essays address topics including the 2014 EU ‘Damages Directive’; the EU’s approach to the ‘collective redress’ concept; a range of issues concerning state aid law; the arbitrability of competition law issues and other matters related to arbitration in this context such as judicial review of arbitral awards; and the interplay between arbitral proceedings and competition agency investigations.
Table of Contents
-- List of contributors
-- Litigation and arbitration in EU competition law, Roberto Cisotta and Mel Marquis
-- Part I private antitrust enforcement and judicial coherence in Europe
-- TheAntitrust Damages Directive – much ado about nothing?, Sebastian Peyer
-- Collective redress – (too) great expectations?, Sonja Keske
-- Judicial dialogues and uniformity in the multi-level application of EU competition law, Adelina Adinolfi
-- PART II litigating antitrust and state aid issues before the courts of the European Union and the courts of the member states
-- Section 1: Antitrust
-- Evaluation of evidence by the European Courts in competition cases, Alexandre Geulette
-- The evolution of the 'full jurisdiction' of the Union Courts in Article 101 and 102 matters, Renato Nazzini
-- Dura lex sed lex: the parent-subsidiary relationship in EU antitrust law and the AEG Telefunken presumption – independence of the EU legal system, effectiveness of competition law and protection of fundamental rights, Lorenzo F. Pace
-- Judicial assessment of anticompetitive behaviour in Italy, Francesco Munari
-- Section 2: State Aid
-- Services of general economic interest and state aid in EU law: the challenges for the Court of Justice after the 'Almunia Package', Daniele Gallo
-- Locus standi of natural and legal persons before the European Courts in State aid cases, Edoardo Gambaro
-- State aid cases before national judges, Mario Siragusa and Kostandin Peci
-- Part III EU competition law beforearbitrators
-- Some considerations on arbitrability of competition law disputes and powers and duties of arbitrators in applying EU competition law, Roberto Cisotta
-- The interaction between arbitration and public enforcement: clash or harmony?, Gordon Blanke
-- Review by national courts of arbitral awards dealing with EU competition law, Giacomo Biagioni
-- Analysis of recent competition cases decided by arbitrators, Laura Bergamini
-- Index