Litigation and arbitration in EU competition law

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Litigation and arbitration in EU competition law

edited by Mel Marquis, Roberto Cisotta

E. Elgar, c2015

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Includes bibliographical references and index

Description and Table of Contents

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 Jose Luis da Cruz Vilaca, 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

Table of 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

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