International Antitrust Litigation

The decentralisation 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 co-ordinate 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 an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private 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 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 analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.

1. Introduction
Jürgen Basedow, Stéphanie Francq and Laurence Idot
PART I. INTERNATIONAL ANTITRUST LITIGATION – CONFLICT-OF-LAWS ISSUES
I.1. JURISDICTION IN EU CROSS-BORDER LITIGATION
2. How to apply Articles 5(1) and 5(3) of the Brussels I Regulation to Private Enforcement of Competition Law: a Coherent Approach
Blanca Vilà Costa
3. International Cartels and the Place of Acting under Article 5(3) of the Brussels I Regulation
Jürgen Basedow
4. Jurisdiction Issues: Brussels I Regulation Articles 6(1), 23, 27 and 28 in Antitrust Litigation
MichaelWilderspin
I.2. APPLICABLE LAW IN THE EU – ROME I AND ROME II
5. Private Enforcement of Antitrust Provisions and the Rome I Regulation
Marc Fallon and Stéphanie Francq
6. International Antitrust Claims under the Rome II Regulation
Stéphanie Francq and Wolfgang Wurmnest
7. Relevance of the Distinction between the Contractual and Non-Contractual Spheres (Jurisdiction and Applicable Law)
Sylvaine Poillot-Peruzzetto and Dominika Lawnicka
I.3. ALTERNATIVE FORMS OF LITIGATION
8. International Litigation and Competition Law: the Case of Collective Redress
Dimitrios-Panagiotis L Tzakas
9. Arbitration and EU Competition Law
Assimakis P Komninos
10. Jurisdiction and Choice of Law in International Antitrust Law – A US Perspective
Hannah L Buxbaumand RalfMichaels
11. Recognition and Enforcement of Foreign Judgments
Catherine Kessedjian
PART II. INTERNATIONAL ANTITRUST LITIGATION – COORDINATION ISSUES
II.1. COORDINATION BETWEEN COMPETITION AUTHORITIES AND COURTS
12. Access to Evidence and Files of Competition Authorities
Laurence Idot
13. Exchange of Information and Opinions between European Competition Authorities and Courts – From a Swedish Perspective
Robert Moldén
14. Discovery in a Global Economy
Maurice E Stucke
15. The ECN and Coordination of Public Enforcement of EU Law – Can Lessons Be Learned from International Private Law Jurisdiction Rules and Vice Versa?
Barry J Rodger
16. Regulation 1/2003 (and Beyond): Balancing Effective Enforcement and Due Process in Cross-Border Antitrust Investigations
Damien MB Gerard
17. Recognition of Foreign Decisions within the European Competition Network
Jürgen Basedow
How to apply Articles 5(1) and 5(3) of the Brussels I Regulation to Private Enforcement of Competition Law: a Coherent Approach
Blanca Vilà Costa
International Cartels and the Place of Acting under Article 5(3) of the Brussels I Regulation
Jürgen Basedow
Jurisdiction Issues: Brussels I Regulation Articles 6(1), 23, 27 and 28 in Antitrust Litigation
Michael Wilderspin
Rome I and Antitrust Litigation
Marc Fallon & Stéphanie Francq
Rome II and Antitrust Litigation
Stéphanie Francq & Wolfgang Wurmnest
Relevance of the Distinction between the Contractual and Non-Contractual Spheres (Jurisdiction and Applicable Law)
Sylvaine Poillot-Peruzzetto & Dominika Lawnicka
International Litigation and Competition Law: the Case of Collective Redress
Dimitrios-Panagiotis L Tzakas
Arbitration and EU Competition Law
Assimakis P Komninos
Recognition and Enforcement of Foreign Judgments
Catherine Kessedjian
Access to Evidence and Files of Competition Authorities
Laurence Idot
Exchange of Information and Opinions between European Competition Authorities and Courts – From a Swedish Perspective
Robert Moldén
The ECN and Coordination of Public Enforcement of EU Law – Can Lessons Be Learned from International Private Law Jurisdiction Rules and Vice-Versa?
Barry J Rodger
Regulation 1/2003 (and Beyond): Balancing Effective Enforcement and Due Process in Cross-Border Antitrust Investigations
Damien MB Gerard
Recognition of Foreign Decisions within the European Competition Network
Jürgen Basedow

“...a good read for lawyers, academics, students and even businesses that are frequently dealing with antitrust issues within the international realm.” –  Christina Gavriilidou, Association for International Arbitration Newsletter, 'In Touch'

“...this volume is currently one of the most extensive and most current books on international antitrust litigation. The book is well structured and the chapters are put together in a comprehensible manner...highly recommended for academics, practitioners and policy-makers with an interest in competition law and/or private international law.” –  Baskaran Balasingham, Global Antitrust Review

“...an important piece of rigorous scholarship, raising numerous questions of great practical importance in international antitrust litigation. It is particularly valuable since it is the first to offer such a comprehensive take on the issues related to such litigation in the EU context. It will be of interest not only to legal scholars, but also to policy-makers and practitioners. Both groups are likely to benefit from the identification of the existing challenges of the present regulatory frameworks, the suggested possible interpretation of problematic provisions, and the offered policy proposals.” –  Marek Martyniszyn, Global Competition Litigation Review, Volume 5, Issue 4,