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E-book: European Competition Law Annual 2011: Integrating Public and Private Enforcement of Competition Law - Implications for Courts and Agencies

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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 Frédéric 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

Reviews

Each of the four parts raises many important issues of policy...This annual series of workshops has been very influential and we are fortunate that the series started by Professors Ehlermann and Amato eighteen years ago still continues... -- Valentine Korah * World Competition Law and Economics Review, December 2014 *

List of Sponsors
v
List of Participants
xi
Perchance to Dream: Well Integrated Public and Private Antitrust Enforcement in the European Union xiii
Mel Marquis
PART I DESIGNING A BALANCED SYSTEM: DAMAGES, DETERRENCE, LENIENCY AND LITIGANTS' RIGHTS
1(82)
I Designing Private Rights of Action for Competition Policy Systems: The Role of Interdependence and the Advantages of a Sequential Approach
3(14)
Andrew I. Gavil
II Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights
17(10)
Tom Ottervanger
III Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights -- A Claimant's Perspective
27(14)
Scott Campbell
Tristan Feunteun
IV Trying to Use Criminal Law and Incarceration to Punish Participants and Deter Cartels Raises Some Broad Political and Social Questions in Europe
41(22)
Donald I. Baker
V Competition Compliance: Fines and Complementary Incentives
63(20)
James S. Venit
Andrew L. Foster
PART II INTEGRATING PUBLIC AND PRIVATE ENFORCEMENT IN EUROPE: LEGAL AND JURISDICTIONAL ISSUES
83(94)
I Promoting Private Antitrust Enforcement: Remember Article 102
85(10)
Fred Louis
II Integrating Public and Private Enforcement in Europe: Legal and Jurisdictional Issues -- The German Perspective
95(14)
Jochen Burrichter
Enno Ahlenstiel
III Integrating Public and Private Enforcement in Europe: Legal Issues
109(32)
Luis Silva Morais
IV The Relationship between Public and Private Enforcement: quod Dei Deo, quod Caesaris Caesari
141(18)
Assimakis P. Komninos
V US Antitrust Arbitration
159(18)
Barry E. Hawk
Yolaine Seaton
PART III OPTIONS FOR COLLECTIVE REDRESS IN THE EUROPEAN UNION
177(92)
I Designing a Private Remedies System for Antitrust Cases -- Lessons Learned from the U.S. Experience
179(16)
J. Thomas Rosch
II Collective Redress: Perspectives from the US Experience
195(10)
James Keyte
III Collective Redress for Cartel Damages in Canada
205(30)
Brian A. Facey
David Rosner
IV Options for Collective Redress in the EU
235(22)
Mario Siragusa
V The Future of Collective Damages Actions in Europe
257(12)
Silvia Pietrini
PART IV DRAWING LESSONS AND CONCLUSIONS
269(70)
I Integrating Public and Private Enforcement of Competition Law: Implications for Courts and Agencies
271(24)
John Ratliff
II Market Forces and Private Enforcement: A Start But Some Way Still to Go
295(20)
Ian S. Forrester
Mark D. Powell
III Integrating Public and Private Enforcement of Competition Law: Implications for Courts and Agencies
315(12)
Bruno Lasserre
IV Integrating Public and Private Enforcement in Europe: Issues for Courts
327(8)
Horst Butz
V Conclusions
335(4)
Philip Lowe
PART V PRIVATE DAMAGES CLAIMS AND THE ELUSIVE FUTURE
339(38)
I The `Right to Damages' in a `System of Parallel Competences': A Fresh Look at BRT v SABAM and its Subsequent Interpretation
341(36)
Veljko Milutinovic
Annexes
Annex I Proposal for a Directive of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union (2013)
377(44)
Annex II Commission Staff Working Document Impact Assessment Report: Damages actions for breach of the EU antitrust rules (2013)
421(90)
Annex III Proposal for a Council Directive on rules governing damages actions for infringements of Articles 81 and 82 of the Treaty (2009)
511(26)
References 537(10)
Table of cases 547
Philip Lowe is a Non-Executive Director of the UK Competition and Markets Authority. He was Director-General of DG Competition from 2002 to 2010, and Director-General of DG Energy from 2010 to 2013. During his tenure at the European Commission from 1973 to 2013 he also held several other senior administrative posts. Mel Marquis is Part-time Professor of Law at the European University Institute and Professore a contratto at LUMSA University in Rome. He is Co-Director of the Rome Antitrust Policy Forum and an editor on the board of Mercato Concorrenza Regole. He has practised as an attorney in the United States and Belgium.