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Private application of competition rules in the European Union - Compensation actions brought before national courts and arbitral tribunals
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ISBN: 978-606-28-0289-9
DOI: 10.5682/9786062802899
Publisher year: 2016
Pages: 220
Publisher: Editura Universitara
Author: Anamaria Toma-Bianov
Product Code:
9786062802899
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Private application of competition rules in the European Union. The actions for damages brought before national courts and arbitral tribunals is a book about European private enforcement conflicts. The book addresses the conflicting objectives of Directive 2014/104 / EU, its conflicting provisions, conflicts between European Union law and national procedural and material rules that affect the private application of competition rules, conflicts between human rights and competition law, conflicts of laws cross-border litigation, to end the conflict between international commercial arbitration and the Brussels regime of jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The reader will make a foray into time to understand the sources of these conflicts, to be later involved in the most current debates regarding the private application of competition rules in the European Union. Any party would be positioned in these conflicts and whatever interests they want to protect, practitioners and theorists of law, victims of a violation of competition law, perpetrators of such a violation, third parties, in whose category we include the competition authorities will find arguments to support their points of view. Therefore, this book invites readers to discover European private enforcement, to know its current weaknesses and neuralgias, to study its application and effectiveness, to contribute to its effective application and improvement.
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Aplicarea privata a regulilor concurentei in Uniunea Europeana - Actiunile in despagubire promovate in fata instantelor nationale si tribunalelor arbitrale
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Anamaria Toma-Bianov
Lawyer in the Paris Bar and associate in the law firm BELOT MALAN & ASSOCIES. Doctor in international economic law and holder of a master's degree in international and European law, the author pursued her postdoctoral research in the field of compensation actions for violating the competition law of the European Union and the Member States.
Anamaria BIANOV practices mainly in the field of international contracts, commercial disputes, cross-border disputes and disputes arising from the violation of competition law. As a lawyer, she advises and represents public and private enterprises, as well as states and state entities in international commercial arbitration proceedings and investment arbitrations.
Lawyer in the Paris Bar and associate in the law firm BELOT MALAN & ASSOCIES. Doctor in international economic law and holder of a master's degree in international and European law, the author pursued her postdoctoral research in the field of compensation actions for violating the competition law of the European Union and the Member States.
Anamaria BIANOV practices mainly in the field of international contracts, commercial disputes, cross-border disputes and disputes arising from the violation of competition law. As a lawyer, she advises and represents public and private enterprises, as well as states and state entities in international commercial arbitration proceedings and investment arbitrations.
Content
Acknowledgment / 5
Open work / 9
Compensation Directive - Lots of noise for nothing? Incursions in the Odyssey of a private enforcement à l'européenne / 11
Germenii private enforcement -ului à l'européenne / 12
A decade of debates and a fulfilled mission: the process of concretizing the Compensation Actions Directive / 19
Conflicting objectives and obscure finality - the main deficiencies of the Compensation Actions Directive / 26
Summary of the provisions of the Compensation Actions Directive / 30
A new European regime for the disclosure of evidence in an action for damages / 34
Passing-on defense / 42
Umbrella Pricing and the effectiveness of causality / 49
An unresolved issue: the requirements for the admissibility of claims based on the effect of protection prices / 53
The question referred for a preliminary ruling from the Court of Justice in Kone / 57
Active procedural quality of victims of protection prices / 61
Finding the illicit deed and establishing the civil fault in the actions for compensation / 63
Existence of prejudice and difficulties of quantification / 70
The “effectiveness” of the causal link / 74
So daughter, so mother ... "unambiguously bad" or about the avatars of the presumption of liability of the parent company in European competition law / 81
Cartels - object violations or effect violations? / 85
Presumption / illicit nature of participation in an anti - competitive meeting / 90
Refractory presumption (s) of the liability of the parent company / 97
Presumption of liability of the parent company between the deterrent effect and the reparative effect / 114
Human rights - a viable solution for reconsidering the presumption of liability of the parent company? / 120
Forum Shopping in actions for damages for damages caused by transnational cartels / 133
Introduction - “My topic has a bad name” / 133
Forum-shopping or a transnational legal metaphor / 137
Choosing a favorable forum / 143
Concurrent jurisdiction of several courts / 144
The choice of the favorable forum in the application of the competence criterion resulting from the defendant's domicile / 145
Consolidation of actions for damages under Article 8 paragraph (1) of the Brussels I bis / 147 Regulation
The choice of the favorable forum in the application of the criterion ratione materiae / 157
Actions in negative finding and lis pendens / 163
Law shopping or how the choice of favorable law can be influenced / 165
To arbitrate or not to arbitrate ... reflections on the arbitrability of actions for damages under European competition law / 173
International trade arbitration and competition law: a strange pair together? / 177
“Arbitrability” of follow-on compensation actions - or about how a conflict of competence arises / 187
How do anti-suit injunctions work in the legal order of the European Union? Appreciations on the explosive cocktails of the Court of Justice / 194
The new international public order between minimalist and maximalist approaches / 202
Bibliography / 211
Acknowledgment / 5
Open work / 9
Compensation Directive - Lots of noise for nothing? Incursions in the Odyssey of a private enforcement à l'européenne / 11
Germenii private enforcement -ului à l'européenne / 12
A decade of debates and a fulfilled mission: the process of concretizing the Compensation Actions Directive / 19
Conflicting objectives and obscure finality - the main deficiencies of the Compensation Actions Directive / 26
Summary of the provisions of the Compensation Actions Directive / 30
A new European regime for the disclosure of evidence in an action for damages / 34
Passing-on defense / 42
Umbrella Pricing and the effectiveness of causality / 49
An unresolved issue: the requirements for the admissibility of claims based on the effect of protection prices / 53
The question referred for a preliminary ruling from the Court of Justice in Kone / 57
Active procedural quality of victims of protection prices / 61
Finding the illicit deed and establishing the civil fault in the actions for compensation / 63
Existence of prejudice and difficulties of quantification / 70
The “effectiveness” of the causal link / 74
So daughter, so mother ... "unambiguously bad" or about the avatars of the presumption of liability of the parent company in European competition law / 81
Cartels - object violations or effect violations? / 85
Presumption / illicit nature of participation in an anti - competitive meeting / 90
Refractory presumption (s) of the liability of the parent company / 97
Presumption of liability of the parent company between the deterrent effect and the reparative effect / 114
Human rights - a viable solution for reconsidering the presumption of liability of the parent company? / 120
Forum Shopping in actions for damages for damages caused by transnational cartels / 133
Introduction - “My topic has a bad name” / 133
Forum-shopping or a transnational legal metaphor / 137
Choosing a favorable forum / 143
Concurrent jurisdiction of several courts / 144
The choice of the favorable forum in the application of the competence criterion resulting from the defendant's domicile / 145
Consolidation of actions for damages under Article 8 paragraph (1) of the Brussels I bis / 147 Regulation
The choice of the favorable forum in the application of the criterion ratione materiae / 157
Actions in negative finding and lis pendens / 163
Law shopping or how the choice of favorable law can be influenced / 165
To arbitrate or not to arbitrate ... reflections on the arbitrability of actions for damages under European competition law / 173
International trade arbitration and competition law: a strange pair together? / 177
“Arbitrability” of follow-on compensation actions - or about how a conflict of competence arises / 187
How do anti-suit injunctions work in the legal order of the European Union? Appreciations on the explosive cocktails of the Court of Justice / 194
The new international public order between minimalist and maximalist approaches / 202
Bibliography / 211
Private application of competition rules in the European Union. The actions for damages brought before national courts and arbitral tribunals is a book about European private enforcement conflicts. The book addresses the conflicting objectives of Directive 2014/104 / EU, its conflicting provisions, conflicts between European Union law and national procedural and material rules that affect the private application of competition rules, conflicts between human rights and competition law, conflicts of laws cross-border litigation, to end the conflict between international commercial arbitration and the Brussels regime of jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The reader will make a foray into time to understand the sources of these conflicts, to be later involved in the most current debates regarding the private application of competition rules in the European Union. Any party would be positioned in these conflicts and whatever interests they want to protect, practitioners and theorists of law, victims of a violation of competition law, perpetrators of such a violation, third parties, in whose category we include the competition authorities will find arguments to support their points of view. Therefore, this book invites readers to discover European private enforcement, to know its current weaknesses and neuralgias, to study its application and effectiveness, to contribute to its effective application and improvement.
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