Integrating public and private enforcement : implications for courts and agencies

著者

書誌事項

Integrating public and private enforcement : implications for courts and agencies

edited by Philip Lowe and Mel Marquis

(European competition law annual, 2011)

Hart, 2014

タイトル別名

Integrating public and private enforcement of competition law : implications for courts and agencies

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注記

Includes bibliographical references (p. [537]-546)

内容説明・目次

内容説明

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

目次

Perchance to dream: Well Integrated Public and Private Antitrust Enforcement in the European Union Mel Marquis Part I Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights I Andrew I Gavil, Designing Private Rights of Action for Competition Policy Systems: The Role of Interdependence andthe Advantages of a Sequential Approach II Tom Ottervanger, Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights III Scott Campbell and Tristan Feunteun, Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights - A Claimant's Perspective IV Donald I Baker, Trying to Use Criminal Law and Incarceration to Punish Participants and Deter Cartels Raises Some Broad Political and Social Questions in Europe V James S Venit and Andrew L Foster, Competition Compliance: Fines and Complementary Incentives Part II Integrating Public and Private Enforcement in Europe: Legal and Jurisdictional Issues I Fred Louis, Promoting Private Antitrust Enforcement: Remember Article 102 II Jochen Burrichter and Enno Ahlenstiel, Integrating Public and Private Enforcement in Europe: Legal and Jurisdictional Issues - The German Perspective III Luis Silva Morais, Integrating Public and Private Enforcement in Europe: Legal Issues IV Assimakis P Komninos, The Relationship between Public and Private Enforcement: quod Dei Deo, quod Caesaris Caesari V Barry E Hawk and Yolaine Seaton, US Antitrust Arbitration Part III Options for Collective Redress in the European Union I J Thomas Rosch, Designing a Private Remedies System for Antitrust Cases - Lessons Learned from the U.S. Experience II James Keyte, Collective Redress: Perspectives from the US Experience III Brian A Facey and David Rosner, Collective Redress for Cartel Damages in Canada IV Mario Siragusa, Options for Collective Redress in the EU V Silvia Pietrini, The Future of Collective Damages Actions in Europe Part IV Drawing Lessons and Conclusions I John Ratliff, Integrating Public and Private Enforcement of Competition Law: Implications for Courts and Agencies II Ian S Forrester and Mark D Powell, Market Forces and Private Enforcement: A Start But Some Way Still to Go III Bruno Lasserre, Integrating Public and Private Enforcement of Competition Law: Implications for Courts and Agencies IV Horst Butz, Integrating Public and Private Enforcement in Europe: Issues for Courts V Philip Lowe, Conclusions Part V Private Damages Claims and the Elusive Futur I Veljko Milutinoviae, The 'Right to Damages' in a 'System of Parallel Competences': A Fresh Look at BRT v SABAM

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