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Author: Renato Nazzini
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The book contains a full and up-to-date account of the implications of concurrent enforcement of EC and UK competition law. It addresses the interaction of criminal, civil, and administrative proceedings in the UK and the EU as regards procedure, evidence, and remedies. The volume contains an in-depth examination of the principles regulating concurrent proceedings and explains in detail the practical solutions following from the construction of EU and UK legislation. Concurrent Proceedings in Competition Law offers a thorough review of the jurisprudence of the Court of Justice and the Court of First Instance and the European Court of Human Rights, as well as analysing the English authorities in the area of procedure and evidence insofar as relevant to the interplay between criminal, civil and administrative proceedings in competition law. The main focus is on stays, binding effect of administrative decisions and judgments, and disclosure and admissibility of evidence in English law and its relationship with Community Law and Human Rights standards. The analysis expands to the practical consequences of case allocation within the European Competition Network, choice of forum within the EU, litigation in the US, and leniency applications in multiple jurisdictions. The impact of Council Regulation 1/2003 and the Commission Notices on cooperation within the Network of Competition Authorities and on cooperation with the courts of EU member states is fully explored. Criminalization of cartels in the UK adds a further dimension to the interplay of concurrent proceedings. Issues of stays, binding effect of administrative decisions and disclosure and admissibility of evidence are also studied when they arise in a dispute that is being decided by an arbitral tribunal.
Author: Renato Nazzini
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The book contains a full and up-to-date account of the implications of concurrent enforcement of EC and UK competition law. It addresses the interaction of criminal, civil, and administrative proceedings in the UK and the EU as regards procedure, evidence, and remedies. The volume contains an in-depth examination of the principles regulating concurrent proceedings and explains in detail the practical solutions following from the construction of EU and UK legislation. Concurrent Proceedings in Competition Law offers a thorough review of the jurisprudence of the Court of Justice and the Court of First Instance and the European Court of Human Rights, as well as analysing the English authorities in the area of procedure and evidence insofar as relevant to the interplay between criminal, civil and administrative proceedings in competition law. The main focus is on stays, binding effect of administrative decisions and judgments, and disclosure and admissibility of evidence in English law and its relationship with Community Law and Human Rights standards. The analysis expands to the practical consequences of case allocation within the European Competition Network, choice of forum within the EU, litigation in the US, and leniency applications in multiple jurisdictions. The impact of Council Regulation 1/2003 and the Commission Notices on cooperation within the Network of Competition Authorities and on cooperation with the courts of EU member states is fully explored. Criminalization of cartels in the UK adds a further dimension to the interplay of concurrent proceedings. Issues of stays, binding effect of administrative decisions and disclosure and admissibility of evidence are also studied when they arise in a dispute that is being decided by an arbitral tribunal.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 660
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Book Description
Author: Bas van Bockel
Publisher: Cambridge University Press
ISBN: 1316720659
Category : Law
Languages : en
Pages : 263
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Book Description
Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.
Author: John H. Bogart
Publisher: American Bar Association
ISBN: 9781627221498
Category : Antitrust law
Languages : en
Pages : 0
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Book Description
Concurrent Antitrust Criminal and Civil Proceedings offers guidance for practitioners dealing with parallel criminal and civil antitrust cases, which occur when criminal law enforcement authorities and civil private parties initiate proceedings arising from the same or closely similar facts. These dual proceedings have become increasingly prominent in today's legal environment, and with increasingly active foreign competition authorities, are likely to continue to play an important role in the antitrust and competition environment.
Author: Kati Cseres
Publisher:
ISBN:
Category :
Languages : en
Pages : 31
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Book Description
EU competition law is enforced parallel by the EU Commission and 28 national competition authorities (NCAs) in a multi-level governance system composed of EU and national procedural laws. Regulation 1/2003 established the European Competition Network (ECN) in order to coordinate parallel proceedings between the Commission and the NCAs. This chapter analyses the shared enforcement of EU competition law from the perspective of political and judicial accountability. The chapter focuses on the accountability of the Commission, the NCAs and the ECN in their role of/as main actors of the shared enforcement. Two jurisdictions are used to illustrate the role and powers of the NCAs: the Netherlands and Hungary. After analysis of the powers and roles of the three respective actors (the Commission, the NCAs and the ECN) of parallel enforcement, section 3 examines judicial and political accountability and section 4 concludes.
Author: Paul Nihoul
Publisher: Edward Elgar Publishing
ISBN: 9781785360053
Category : Antitrust law
Languages : en
Pages : 0
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Book Description
How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide. Such issues are reviewed by expert contributors in Europe and around the globe. Special attention is paid to certain rights including the right to be heard, the right to defence, the right to protection of business secrets and the right to judicial review. The overarching structure of the book proposes an agenda for the solution of procedural fairness within competition proceedings for the future. This astute work will be a useful point of reference for scholars, practitioners and policy makers alike, who will benefit from the critical insight into how best to attain procedural fairness in the enforcement of competition law. Contributors A. Arena, C. Beaton-Wells, M. Bernatt, M. Botta, M. De Benedetto, G. Di Federico, A. Foer, C.A. Jones, K. Kowalik-Banczyk, F. Marcos, P. Nihoul, P.J. Pipková, A. Sanchez Graells, T. Skoczny, A. Svetlicinii, L. Tichý, P. Van Cleynenbreugel, D. Zimmer
Author: Renato Nazzini
Publisher: Oxford University Press, USA
ISBN: 9780199578832
Category : Law
Languages : en
Pages : 0
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Book Description
Containing a full and up-to-date account of the implications of concurrent enforcement of UK and EC competition law in administrative, criminal and civil proceedings, this book analyses the procedural consequences of modernisation of EC competition law and the tactics available to parties before national courts and tribunals.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Gordon Blanke
Publisher: Kluwer Law International B.V.
ISBN: 9041127607
Category : Law
Languages : en
Pages : 1052
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Book Description
EU and US Antitrust Arbitration is the first book that deals with how both of the world's leading antitrust systems, US and EU law, are treated in international arbitration. In forty-nine chapters written by renowned experts, this book provides an in-depth examination of all relevant topics, from drafting arbitration clauses, to arbitrability, provisional measures, the applicability of antitrust law in arbitrations, dealing with economic evidence and experts in relation to antitrust law, to relations with courts and regulators, remedies, and recognition and enforcement of arbitration awards dealing with antitrust issues. Both antitrust and merger control are covered. The perspectives of the arbitrator and the in-house andquot;userandquot; of arbitration are included. Two chapters outline and explain US antitrust law and EU antitrust law with special reference to matters particularly likely to arise in arbitration. One chapter is devoted to ICC antitrust arbitrations and another to the emerging area of EU State aids in arbitration. There are industry-specific chapters, such as on telecommunications and pharmaceuticals, and much else. In this substantial book, practitioners will find helpful and easy-to-understand guidance to their questions on antitrust arbitrations.
Author: Luis A. Velasco San Pedro
Publisher: Lex Nova
ISBN: 8498983347
Category : Law
Languages : en
Pages : 927
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Book Description
The private enforcement of competition law through damages actions and/or injunctions before ordinary courts of justice is currently the preferred system in the United States. It is playing an increasingly important role in Europe by supplementing a still predominantly public system based on disciplinary rules enforced by public authorities that do not entail compensation for victims. Compensation can only be achieved through private enforcement, which is already viewed as an alternative to the public system. This work, whose origins lie in the International Conference on the private enforcement of Competition Law held at the University of Valladolid's School of Law offers a comprehensive, pluralist overview of the subject by providing transversal approaches, joint assessment and information on various national experiences alongside more specific contributions that study specific matters of substantive and procedural law, by covering practically all the relevant issues in this field. The work also addresses the main problems of the system vis-à-vis private international law and its connection and interaction with public enforcement. Also available in Spanish language, with the title: La aplicación privada del Derecho de la competencia.
