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Jurisdiction and Judgments in Relation to EU Competition Law Claims (Hardcover, New)
Loot Price: R4,014
Discovery Miles 40 140
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Jurisdiction and Judgments in Relation to EU Competition Law Claims (Hardcover, New)
Series: Studies in Private International Law
Expected to ship within 12 - 17 working days
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This 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 European Community - favoring 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. Additionally, the
complex private international law problems - in respect to
cross-border class action and judgments in relation to antitrust
infringements that have occurred in several countries - are
discussed. 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.
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