Full Description
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. Authors contributing to this book include: Enno Ahlenstiel Donald Baker Jochen Burrichter Horst Butz Scott Campbell Brian Facey Tristan Feunteun Ian Forrester Andrew Foster Andrew Gavil Barry Hawk James Keyte Assimakis Komninos Bruno Lasserre Frederic Louis Mel Marquis Veljko Milutinovic Luis Silva Morais Tom Ottervanger Silvia Pietrini Mark Powell John Ratliff J Thomas Rosch David Rosner Mario Siragusa James Venit
Contents
Perchance to dreamEnforcement in the European UnionMel MarquisPart I Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' RightsI Andrew I Gavil, Designing Private Rights of Action for Competition Policy Systems: The Role of Interdependence andthe Advantages of a Sequential ApproachII Tom Ottervanger, Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' RightsIII Scott Campbell and Tristan Feunteun, Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights - A Claimant's PerspectiveIV Donald I Baker, Trying to Use Criminal Law and Incarceration to Punish Participants and Deter Cartels Raises Some Broad Political and Social Questions in EuropeV James S Venit and Andrew L Foster, Competition Compliance: Fines and Complementary IncentivesPart II Integrating Public and Private Enforcement in Europe: Legal and Jurisdictional IssuesI Fred Louis, Promoting Private Antitrust Enforcement: Remember Article 102II Jochen Burrichter and Enno Ahlenstiel, Integrating Public and Private Enforcement in Europe: Legal and Jurisdictional Issues - The German PerspectiveIII Luis Silva Morais, Integrating Public and Private Enforcement in Europe: Legal IssuesIV Assimakis P Komninos, The Relationship between Public and Private Enforcement: quod Dei Deo, quod Caesaris CaesariV Barry E Hawk and Yolaine Seaton, US Antitrust Arbitration Part III Options for Collective Redress in the European UnionI J Thomas Rosch, Designing a Private Remedies System for Antitrust Cases - Lessons Learned from the U.S. ExperienceII James Keyte, Collective Redress: Perspectives from the US ExperienceIII Brian A Facey and David Rosner, Collective Redress for Cartel Damages in CanadaIV Mario Siragusa, Options for Collective Redress in the EU V Silvia Pietrini, The Future of Collective Damages Actions in EuropePart IV Drawing Lessons and ConclusionsI John Ratliff, Integrating Public and Private Enforcement of Competition Law: Implications for Courts and AgenciesII Ian S Forrester and Mark D Powell, Market Forces and Private Enforcement: A Start But Some Way Still to GoIII Bruno Lasserre, Integrating Public and Private Enforcement of Competition Law: Implications for Courts and AgenciesIV Horst Butz, Integrating Public and Private Enforcement in Europe: Issues for CourtsV Philip Lowe, Conclusions Part V Private Damages Claims and the Elusive FuturI Veljko Milutinoviae, The 'Right to Damages' in a 'System of Parallel Competences': A Fresh Look at BRT v SABAM
