European Competition Law Annual 2001 : Effective Private Enforcement of EC Antitrust Law

Print version:

Half Title Page

Title Page

Title verso

Contents

Lists of Sponsors

Table of Cases

Introduction

Panel One: Substantive Remedies

Opening Speech

I. The case for more private enforcement

II. A range of elements must come together to make private enforcement more effective

III. Is there a need for new Community legislation at the interface between EC competition law and civil procedure?

IV. Should there be criminal sanctions for infringements of EC competition law?

Panel Discussion

Working Papers

I. Walter van Gerven. ANNEX 1: SUBSTANTIVE REMEDIES IN A COMPARATIVE LAW PERSPECTIVE

ANNEX 2: DISCUSSION DRAFT OF A REGULATION ON THE SUBSTANTIVE LAW ASPECTS OF PRIVATE REMEDIES BEFORE NATIONAL COURTS

II. Clifford A. Jones

III. Jeremy Lever QC

IV. Antoine Winckler

V. Jürgen Basedow

VI. Marina Tavassi

Panel Two: Procedural Issues

Panel Discussion

Working Papers

I. Francis G. Jacobs and Thomas Deisenhofer

I. Introduction

II. An inventory of procedural issues

III. The Commission's approach as regards procedural issues: the Cooperation Notice, the White Paper and the draft Regulation. IV. The role of the Community Courts

VI. Conclusion

II. Justice Hugh Laddie

I. Procedural links between the national courts and the Commission

II. Availability of interim relief measures during antitrust proceedings before national courts

III. Rules of evidence

IV. Time limits (e.g. for filing an action, for intervening on the case as third party, for filing an appeal, etc.)

V. Procedural 'safety mechanisms' for ensuring the application of EC competition rules: ex officio raising of EC competition law issues during court proceedings. VI. The procedural rules on third party interventions during court proceedings

VII. The procedural rules on the intervention of the Commission and NCAs during court proceedings (amicus curiae, expert opinions, etc.)

III. Chantal Momège and Laurence Idot

I. Introduction

II. The institutional framework

III. The procedural framework

IV. Conclusions

IV. Karsten Schmidt

I. Introduction

II. The impact of general procedural principles on private enforcement

III. Special aspects of antitrust civil procedure

V. Giuseppe Tesauro

I. Introduction. II. Private enforcement of antitrust rules and the modernisation proposal

III. The Italian enforcement system

IV. General procedural issues arising in relation to private enforcement of EC competition rules in the Member States

V. Conclusions

Panel Three: Arbitrations Courts

Panel Discussion

Working Papers

I. Laurence Idot

I. Introduction

III. The impact of the reform on the application of Article 81 EC by the arbitrator

IV. Conclusions

II. Yves Derains

I. Introduction

II. The application of EC antitrust law by international arbitrators