International Antitrust Litigation: Conflict of Laws and Coordination

(Hardback)

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The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.

Reviews

...a good read for lawyers, academics, students and even businesses that are frequently dealing with antitrust issues within the international realm. -- Christina Gavriilidou * Association for International Arbitration Newsletter, 'In Touch' *
...this volume is currently one of the most extensive and most current books on international antitrust litigation. The book is well structured and the chapters are put together in a comprehensible manner...highly recommended for academics, practitioners and policy-makers with an interest in competition law and/or private international law. -- Baskaran Balasingham * Global Antitrust Review *
...an important piece of rigorous scholarship, raising numerous questions of great practical importance in international antitrust litigation. It is particularly valuable since it is the first to offer such a comprehensive take on the issues related to such litigation in the EU context. It will be of interest not only to legal scholars, but also to policy-makers and practitioners. Both groups are likely to benefit from the identification of the existing challenges of the present regulatory frameworks, the suggested possible interpretation of problematic provisions, and the offered policy proposals. -- Marek Martyniszyn * Global Competition Litigation Review, Volume 5, Issue 4, *

Author Bio

Jurgen Basedow is Director, Max Planck Institute for Comparative and International Private Law, Hamburg, Professor at the University of Hamburg and former chairman of the German Monopolies Commission. Stephanie Francq is Professor at the University of Louvain and is the Chair for European Law (UCL). Laurence Idot is Professor at the University Paris II Pantheon-Assas and member of the French competition authority.