基本説明
A thorough examination into the role that private international law plays in relation to EC competition law claims.
Full Description
This book sets out the way that, through enhanced private antitrust enforcement reform, private international law has a pivotal role in EU competition law disputes with an international element. The author offers a thorough analysis of the post-2003 policy of the EU favouring private law enforcement of EU competition law and its implementation under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime. The book also considers how the jurisdiction, recognition and enforcement of judgments issues are dealt with in England under the common law rules applicable when Brussels I does not apply. The complex private international law problems in respect of cross-border class actions that have arisen in several countries, as well as judgments in relation to antitrust infringements, are also discussed. The author further examines the choice of law issues that may arise before the English courts under Rome I and Rome II.
The potential problems regarding jurisdiction of arbitral tribunals and choice of law in arbitral proceedings in relation to EU competition law claims, and the jurisdiction of English courts in proceedings ancillary to arbitration claims, are dealt with accordingly.
Contents
1 Introduction 1.1 EU COMPETITION LAW 1.2 ENFORCEMENT OF EU COMPETITION LAW 1.3 EU COMPETITION LAW DISPUTES BEFORE NATIONAL COURTS 1.4 CROSS-BORDER EU COMPETITION LAW DISPUTES 1.5 THE PURPOSE OF THE BOOK 1.6 THE RELEVANT PRIVATE INTERNATIONAL LAW SETS OF RULES 1.7 CHARACTERISATION OF EU COMPETITION LAW CLAIMS 2 Jurisdiction with Regard to Contract-Based EU Competition Law Claims 2.1 INTRODUCTION 2.2 JURISDICTION UNDER THE BRUSSELS I REGULATION 2.3 JURISDICTION UNDER ENGLISH TRADITIONAL RULES 2.4 SOME CONCLUSIONS 3 Jurisdiction in Tort-Based EU Competition Law Claims 3.1 INTRODUCTION 3.2 JURISDICTION UNDER THE BRUSSELS I REGULATION 3.3 JURISDICTION UNDER ENGLISH TRADITIONAL RULES 3.4 CONCLUSIONS 4 Avoiding Parallel EU Competition Law Proceedings 4.1 INTRODUCTION 4.2 DECLINING JURISDICTION AND STAYING PROCEEDINGS UNDER THE EU RULES 4.3 DECLINING JURISDICTION AND STAYING PROCEEDINGS UNDER THE ENGLISH TRADITIONAL RULES 4.4 CONCLUDING REMARKS 5 The Applicable Law in Competition Law Actions Brought Before English Courts 5.1 INTRODUCTION 5.2 APPLICABLE LAW: ACTIONS FOR NULLITY OF CONTRACTS DISTORTING COMPETITION 5.3 APPLICABLE LAW: TORTIOUS COMPETITION LAW ACTIONS 5.4 APPLICABLE LAW: COMPETITION LAW ACTIONS FOR NULLITY OF A CONTRACT BROUGHT TOGETHER WITH A TORTIOUS CLAIM FOR ANTITRUST DAMAGES 5.5 CONCLUDING REMARKS 6 Foreign Judgments in Relation to EU Competition Law Claims Before English Courts 6.1 INTRODUCTION 6.2 POWERS OF THE ENGLISH COURTS UNDER THE BRUSSELS I REGULATION 6.3 POWERS OF THE ENGLISH COURTS AT COMMON LAW 6.4 CONCLUSION 7 Arbitral Tribunals' Jurisdiction and Awards in Relation to Competition Law Claims 7.1 INTRODUCTION 7.2 JURISDICTION OF ARBITRATORS IN COMPETITION LAW DISPUTES-SOME PRELIMINARY ISSUES 7.3 ARBITRABILITY OF COMPETITION LAW ISSUES 7.4 THE LAW APPLICABLE TO THE SUBSTANCE OF A COMPETITION LAW DISPUTE 7.5 JURISDICTION OF ENGLISH COURTS IN PROCEEDINGS ANCILLARY TO ARBITRATION IN RELATION TO EU COMPETITION LAW CLAIMS 7.6 COHERENT AND UNIFORM APPLICATION OF EU COMPETITION LAW BY ARBITRATORS 7.7 CONCLUSION 8 Conclusion 8.1 CONCLUDING REMARKS 8.2 REFORMING THE BRUSSELS I FRAMEWORK 8.3 ADDRESSING THE ISSUE OF AVAILABLE ANTITRUST DAMAGES AND THEIR ASSESSMENT AT EU LEVEL 8.4 IS THERE A NEED FOR A SPECIAL REGULATION DEALING WITH EU COMPETITION LAW CLAIMS?
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