Litigation and Arbitration in EU Competition Law

Edited by Mel Marquis, Faculty of Law, Monash University, Australia and Roberto Cisotta, Associate Professor of EU Law, La Sapienza University, Italy

• Contents:LITIGATION AND ARBITRATION IN EU COMPETITION LAWRoberto Cisotta and Mel MarquisPART I PRIVATE ANTITRUST ENFORCEMENT AND JUDICIAL COHERENCE IN EUROPE1. The Antitrust Damages Directive – Much Ado About Nothing?Sebastian Peyer2. Collective Redress – (Too) Great Expectations?Sonja Keske3. Judicial Dialogues and Uniformity in the Multi-level Application of EU Competition LawAdelina AdinolfiPART II LITIGATING ANTITRUST AND STATE AID ISSUES BEFORE THE COURTS OF THE EUROPEAN UNION AND THE COURTS OF THE MEMBER STATESSection 1 Antitrust4. Evaluation of Evidence by the European Courts in Competition CasesAlexandre Geulette5. The Evolution of the ‘Full Jurisdiction’ of the Union Courts in Article 101 and 102 Matters Renato Nazzini6. Dura lex sed lex: The Parent-Subsidiary Relationship in EU Antitrust Law and the AEG Telefunken Presumption – Independence of the EU Legal System, Effectiveness of Competition law and Protection of Fundamental RightsLorenzo F. Pace7. Judicial Assessment of Anticompetitive Behaviour in ItalyFrancesco MunariSection 2 State aid8. Services of General Economic Interest and State Aid in EU Law: The Challenges for the Court of Justice after the ‘Almunia Package’Daniele Gallo9. Locus Standi of Natural and Legal Persons before the European Courts in State Aid CasesEdoardo Gambaro, 10. State Aid Cases before National JudgesMario Siragusa and Kostandin PeciPART III EU COMPETITION LAW BEFORE ARBITRATORS11. Some Considerations on Arbitrability of Competition Law Disputes and Powers and Duties of Arbitrators in Applying EU Competition LawRoberto Cisotta12. The Interaction between Arbitration and Public Enforcement: Clash or Harmony?Gordon Blanke13. Review by National Courts of Arbitral Awards Dealing with EU Competition LawGiacomo Biagioni14. Analysis of Recent Competition Cases Decided by ArbitratorsLaura BergaminiIndex

'This is a comprehensive compendium of perceptive and insightful articles by highly experienced lawyers, arbitrators and academics. The most important issues arising in connection with arbitration, litigation and EU competition law are explored from both practical and theoretical perspectives. The Commission's Antitrust Damages Directive and the movement toward collective actions and multiple jurisdictional enforcement are analyzed, as well as timely questions about evidence and judicial review. The legally and politically complex subject of state aids is brilliantly treated. Finally, issues arising when EU competition law comes before arbitrators are discussed in great depth by seasoned participants in international arbitration.'--Barry Hawk, Fordham University, US'Overall this book marks a significant addition to the burgeoning private enforcement literature, but it is in its focus on arbitration that it is novel, important and particularly enlightening, emphasizing in particular the increasing role of arbitration in the competition law enforcement architecture. The book is a contemporary account of the ever-widening scope and context of EU private enforcement and is recommended reading for anyone interested in the interplay between national legal procedural systems, enforcement of EU (competition law) rights and the role of the Commission and Court of Justice of in facilitating and harmonizing their effective enforcement.'--Professor Barry J. Rodger, World Competition'Academics and practitioners, judges and arbitrators alike, will find this compendium of scholarly research an invaluable addition to the existing research materials currently available on the often vexed issues, past and present that have emerged in the field of EU competition law.'--Phillip and Elizabeth Taylor, The Barrister Magazine