Litigation And Arbitration In EU Competition Law

Name: Litigation And Arbitration In EU Competition Law
Brand: Edward Elgar Publishing
SKU: 9781783478859
Price: 1639.30 HKD
Availability: InStock
Author: Mel Marquis; Roberto Cisotta
ISBN: 9781783478859

Edited by Mel Marquis · Roberto Cisotta

Edward Elgar Publishing March 2015

Specifications

ISBN-13: 9781783478859
Publisher: Edward Elgar Publishing
Publication: March 2015
Format: Hardback , 336 pages
Jurisdiction: European Union ? Countri(es) for reference only

Details

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 practising in this field as a lawyer, public official, judge or arbitrator.

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

About the Author

Edited by Mel Marquis, European University Institute and Roberto Cisotta, LUMSA Free University, Italy

Reviews

‘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 decentralised 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 José Luís da Cruz Vilaça, The Court of Justice of the European Union, Luxembourg

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