Full Description
'The contributions in this collection comprehensively review key issues concerning the respective roles of national and EU courts in enforcing competition and state aid law, and the relationship between court and arbitration proceedings in those fields. This groundbreaking work provides a stimulating and up-to-date analysis of the EU's decentralized enforcement system and I strongly recommend it to both scholars and practitioners. It will assist them in promoting the proper application of competition law in that institutionally complex and multi-level environment.'
- Judge José Luís da Cruz Vilaça, The Court of Justice of the European Union, Luxembourg
With courts and arbitrators functioning 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', now in force and being implemented; the EU's tepid reception of the 'collective redress' concept; a range of issues concerning state aid law; the arbitrability of competition law issues, as well as many other matters related to arbitration in this context such as judicial review of arbitral awards from a competition law perspective, and the interplay between arbitral proceedings and competition agency investigations.
With its wide coverage, this book serves as a valuable resource for any reader working on EU competition law, whether for the purpose of teaching or studying the law, or of practicing in this field as a lawyer, public official, judge or arbitrator.
Contributors: A. Adinolfi, L. Bergamini, G. Biagioni, G. Blanke, R. Cisotta, D. Gallo, E. Gambaro, A. Geulette, S. Keske, M. Marquis, F. Munari, R. Nazzini, L.F. Pace, K. Peci, S. Peyer, M. Siragusa
Contents
Contents:
LITIGATION AND ARBITRATION IN EU COMPETITION LAW
Roberto Cisotta and Mel Marquis
PART I PRIVATE ANTITRUST ENFORCEMENT AND JUDICIAL COHERENCE IN EUROPE
1. The Antitrust Damages Directive - Much Ado About Nothing?
Sebastian Peyer
2. Collective Redress - (Too) Great Expectations?
Sonja Keske
3. 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
4. Evaluation of Evidence by the European Courts in Competition Cases
Alexandre Geulette
5. The Evolution of the 'Full Jurisdiction' of the Union Courts in Article 101 and 102 Matters
Renato Nazzini
6. 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
7. Judicial Assessment of Anticompetitive Behaviour in Italy
Francesco Munari
Section 2 State aid
8. Services of General Economic Interest and State Aid in EU Law: The Challenges for the Court of Justice after the 'Almunia Package'
Daniele Gallo
9. Locus Standi of Natural and Legal Persons before the European Courts in State Aid Cases
Edoardo Gambaro,
10. State Aid Cases before National Judges
Mario Siragusa and Kostandin Peci
PART III EU COMPETITION LAW BEFORE ARBITRATORS
11. Some Considerations on Arbitrability of Competition Law Disputes and Powers and Duties of Arbitrators in Applying EU Competition Law
Roberto Cisotta
12. The Interaction between Arbitration and Public Enforcement: Clash or Harmony? Gordon Blanke
13. Review by National Courts of Arbitral Awards Dealing with EU Competition Law Giacomo Biagioni
14. Analysis of Recent Competition Cases Decided by Arbitrators
Laura Bergamini
Index
