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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.
This substantial and original book examines how the EU Private
International Law (PIL) framework is functioning and considers its
impact on the administration of justice in cross-border cases
within the EU. It grew out of a major project (ie EUPILLAR:
European Union Private International Law: Legal Application in
Reality) financially supported by the EU Civil Justice Programme.
The research was led by the Centre for Private International Law at
the University of Aberdeen and involved partners from the
Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid
(Complutense). The contributors address the specific features of
cross-border disputes in the EU by undertaking a comprehensive
analysis of the Court of Justice of the EU (CJEU) and national case
law on the Brussels I, Rome I and II, Brussels IIa and Maintenance
Regulations. Part I discusses the development of the EU PIL
framework. Part II contains the national reports from 26 EU Member
States. Parts III (civil and commercial) and IV (family law)
contain the CJEU case law analysis and several cross-cutting
chapters. Part V briefly sets the agenda for an institutional
reform which is necessary to improve the effectiveness of the EU
PIL regime. This comprehensive research project book will be of
interest to researchers, students, legal practitioners, judges and
policy-makers who work, or are interested, in the field of private
international law.
This substantial and original book examines how the EU Private
International Law (PIL) framework is functioning and considers its
impact on the administration of justice in cross-border cases
within the EU. It grew out of a major project (ie EUPILLAR:
European Union Private International Law: Legal Application in
Reality) financially supported by the EU Civil Justice Programme.
The research was led by the Centre for Private International Law at
the University of Aberdeen and involved partners from the
Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid
(Complutense). The contributors address the specific features of
cross-border disputes in the EU by undertaking a comprehensive
analysis of the Court of Justice of the EU (CJEU) and national case
law on the Brussels I, Rome I and II, Brussels IIa and Maintenance
Regulations. Part I discusses the development of the EU PIL
framework. Part II contains the national reports from 26 EU Member
States. Parts III (civil and commercial) and IV (family law)
contain the CJEU case law analysis and several cross-cutting
chapters. Part V briefly sets the agenda for an institutional
reform which is necessary to improve the effectiveness of the EU
PIL regime. This comprehensive research project book will be of
interest to researchers, students, legal practitioners, judges and
policy-makers who work, or are interested, in the field of private
international law.
This important book systematically analyses the private
international law issues regarding private antitrust damages claims
which arise out of transnational competition law infringements. It
identifies those problems that need to be considered by injured
parties, defendants, judges and policy-makers when dealing with
cross-border private antitrust damages claims in a global context.
It considers the post Brexit landscape and the implications in
cross border private proceedings before the English courts and
suggests how the legal landscape should be developed. It also sets
out how private international law techniques could play an
increasingly important role in private antitrust enforcement.
Comprehensive and rigorous, this is required reading for scholars
of both competition litigation and private international law.
This book, written within the framework of a research project
funded by the European Commission Civil Justice Programme,
identifies the ways in which cross-border EU competition law
actions can best be handled in Europe. Employing traditional
library-based legal research methods as well as qualitative
interviews with legal practitioners in Germany and England
(countries sharing different legal traditions) and policy-makers in
Brussels, the book considers how private EU competition law actions
are functioning at the moment and how they could and should be
developed. The study proposes solutions for some of the most
pressing practical problems, and includes chapters by the following
academics, legal practitioners and judges: Judge I Pelikanova
(General Court of the EU); J Lawrence and A Morfey (Freshfields); P
Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J
Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle,
Germany); P Bos and J Moehlmann (BarentsKrans, the Netherlands); P
Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D
Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli
(Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin,
Brussels); F Becker and J Kammin (Kiel University, Germany); and M
Danov (Brunel University).
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