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Jurisdiction and Judgments in Relation to EU Competition Law Claims

Jurisdiction and Judgments in Relation to EU Competition Law Claims

Author: Mihail Danov
Publisher: Hart Publishing
ISBN: 9781841136592
Published In: December 2010
Format: Hardback , 331 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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The book proves that as a result of the enhanced private antitrust enforcement reform, private international law has a vital role to play if EC competition rules are to be enforced effectively in court proceedings with an international element.

To this end, the author makes a thorough analysis of how the post 2003 policy of the EC favouring private law enforcement of EC competition law can be implemented under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime.

The work also deals with how the jurisdiction and 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 action and judgments in relation to antitrust infringements that have occurred in several countries are discussed as well.

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 EC competition law claims, and the jurisdiction of English courts in proceedings ancillary to arbitration claims, are dealt with accordingly.

Mihail Danov is a Lecturer in Law at Brunel University.

The book provides an excellent critical analysis of the important challenges to which judges, practitioners, and business decision-makers are confronted with regard to concurrent proceedings in EU competition law and the attempt to solve them through the application of private international law principles.

Dr Danov's remarkable study offers a lot of food for thought and an excellent background reading for those interested in deepening the analysis further.
Ioannis Lianos
World Competition Law and Economics Review
34(3)

Danov has succeeded in writing a book that is both intellectually thorough enough to be able to play a significant role in shaping future academic debate as well as sufficiently practical enough to provide a source of inspiration for policy makers.
Jan-Jaap Kuipers
The Common Market Law Review
Volume 48-4