European Competition Law Annual 2011

This volume contains papers presented at the 16th Annual EU Competition Law and Policy Workshop, held at the European University Institute on 17-18 June 2011. This edition of the Workshop examined the emerging and increasingly important use of private rights of action before national courts, and the prospects for legislation and soft law initiatives at the level of the EU. The book has been updated and reflects the European Commission's private enforcement package of June 2013. Furthermore, the experiences of various national jurisdictions are discussed, both within Europe and in the US and Canada. As a whole, the volume explores how public and private enforcement might function harmoniously, as an 'integrated' system, to promote the public interest while ensuring that individual rights created in this field by the EU competition rules are vindicated. The contributors have, however, devoted significant analysis to the tensions between those two modes of enforcement. Authors contributing to this book include:

Enno Ahlenstiel
Donald Baker
Jochen Burrichter
Horst Butz
Scott Campbell
Brian Facey
Tristan Feunteun
Ian Forrester
Andrew Foster
Andrew Gavil
Barry Hawk
James Keyte
Assimakis Komninos
Bruno Lasserre
Frédéric Louis
Mel Marquis
Veljko Milutinovic
Luis Silva Morais
Tom Ottervanger
Silvia Pietrini
Mark Powell
John Ratliff
J Thomas Rosch
David Rosner
Mario Siragusa
James Venit

Perchance to dream: Well Integrated Public and Private Antitrust Enforcement in the European Union
Mel Marquis
Part I Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights
I Andrew I Gavil, Designing Private Rights of Action for Competition Policy Systems: The Role of Interdependence andthe Advantages of a Sequential Approach
II Tom Ottervanger, Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights
III Scott Campbell and Tristan Feunteun, Designing a Balanced System: Damages, Deterrence, Leniency and Litigants' Rights – A Claimant's Perspective
IV Donald I Baker, Trying to Use Criminal Law and Incarceration to Punish Participants and Deter Cartels Raises Some Broad Political and Social Questions in Europe
V James S Venit and Andrew L Foster, Competition Compliance: Fines and Complementary Incentives
Part II Integrating Public and Private Enforcement in Europe: Legal and Jurisdictional Issues
I Fred Louis, Promoting Private Antitrust Enforcement: Remember Article 102
II Jochen Burrichter and Enno Ahlenstiel, Integrating Public and Private Enforcement in Europe: Legal and Jurisdictional Issues – The German Perspective
III Luís Silva Morais, Integrating Public and Private Enforcement in Europe: Legal Issues
IV Assimakis P Komninos, The Relationship between Public and Private Enforcement: quod Dei Deo, quod Caesaris Caesari
V Barry E Hawk and Yolaine Seaton, US Antitrust Arbitration
Part III Options for Collective Redress in the European Union
I J Thomas Rosch, Designing a Private Remedies System for Antitrust Cases – Lessons Learned from the U.S. Experience
II James Keyte, Collective Redress: Perspectives from the US Experience
III Brian A Facey and David Rosner, Collective Redress for Cartel Damages in Canada
IV Mario Siragusa, Options for Collective Redress in the EU
V Silvia Pietrini, The Future of Collective Damages Actions in Europe
Part IV Drawing Lessons and Conclusions
I John Ratliff, Integrating Public and Private Enforcement of Competition Law: Implications for Courts and Agencies
II Ian S Forrester and Mark D Powell, Market Forces and Private Enforcement: A Start But Some Way Still to Go
III Bruno Lasserre, Integrating Public and Private Enforcement of Competition Law: Implications for Courts and Agencies
IV Horst Butz, Integrating Public and Private Enforcement in Europe: Issues for Courts
V Philip Lowe, Conclusions
Part V Private Damages Claims and the Elusive Futur
I Veljko Milutinoviæ, The 'Right to Damages' in a 'System of Parallel Competences': A Fresh Look at BRT v SABAM

“Each of the four parts raises many important issues of policy...This annual series of workshops has been very influential and we are fortunate that the series started by Professors Ehlermann and Amato eighteen years ago still continues...” –  Valentine Korah, World Competition Law and Economics Review, December 2014