European Competition Law Annual 2001: Effective Private Enforcement of EC Antitrust LawClaus-Dieter Ehlermann, Philip Lowe, Isabela Atanasiu, Mel Marquis, Giorgio Monti Hart Publishing, 2003 - 520 pages The European Competition Law Annual 2001 is the sixth in a series of volumes following the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University in Florence. The volume reproduces the materials of the roundtable debate that took place at the sixth edition of the Workshop (1-2 June 2001),which examined the conditions for an effective private enforcement of EC antitrust rules. The application of EC antitrust rules in the context of private litigation before national courts and arbitration tribunals is becoming a highly topical subject against the background of the on-going debate about the decentralisation of EC antitrust enforcement. The participants – a group of senior representatives of the Commission, national judges, arbitrators, renowned academics and international legal experts in the field of antitrust - discussed in particular the following aspects: a) the availability and effectiveness of substantive remedies in the enforcement of EC antitrust rules at the EU level in general and in four major EU jurisdictions in particular (England, France, Italy and Germany); b) the procedural issues arising in the enforcement of EC antitrust rules by national courts in four EU jurisdictions (England, France, Italy and Germany) and at the EU level in general; c) the problems arising in the application of Article 81(3) EC by arbitration tribunals. In addition to these issues, the participants also discussed whether the public enforcement of EC antitrust rules could be rendered more efffective by introducing sanctions applicable to the individuals responsible for their violation. |
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action administrative agreement amicus curiae anti-competitive antitrust enforcement application of Article application of EC apply Article 81(3 arbitration tribunals Article 234 EC Article 81 EC block exemption regulations breach CA Paris cartel Cass civil procedure claims Commission Commission's Community law concerning contract Cour de Cassation Court of Justice criminal law criminal sanctions decision disputes draft regulation droit EC antitrust law EC antitrust rules EC competition law EC competition rules EC law EC Treaty Eco Swiss EFTA Court enforcement of EC enforcement system Europe European Court exemption fines French German Gerven imprisonment infringement interim relief international arbitration issue judgment judicial jurisdiction legal systems litigation mandatory rules ment modernisation national competition authorities national courts national judge national law Nordsee nullity obligation plaintiff preliminary ruling principle private enforcement problem procedural rules proceedings prohibition proportional justice proposal provisions question reform remedies request supra note tion Treaty treble damages undertakings