International Antitrust Litigation

The decentralization of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to coordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition, as well as rules on sharing of evidence, the protection of business secrets, and the interplay between administrative and judicial procedures. This book offers in-depth analysis of these long neglected, yet important, topics. It is the fruit of a research project funded by the European Commission, which brought together experts in academia, practice, and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and Rome II Regulations, the co-operation mechanisms provided for by Regulation 1/2003, and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyzes the existing legislative framework and formulates specific proposals that would consolidate and enhance cross-border antitrust litigation in Europe and beyond. (Series: Studies in Private International Law - Vol. 8)

Jurgen Basedow is Director, Max Planck Institute for Comparative and International Private Law, Hamburg, Professor at the University of Hamburg and former chairman of the German Monopolies Commission.Stephanie Francq is Professor and Chair of European Law at the Catholic University of Louvain.Laurence Idot is Professor at the University Paris II Pantheon-Assas and member of the Board of the French Competition Authority.