Description
The beer cartel underlines that antitrust law is of outstanding significance for all citizens. Anti-competitive practices such as price fixing, limiting production or sharing markets in Europe demonstrate that the free and open market is not guaranteed in its entirety. Resulting economic losses are enormous, especially for consumers as the anti-competitive prices are usually passed on to them. However, filing promising antitrust damages actions is virtually impossible due to the fact that 28 legal orders of the Member States may apply to such cross-border disputes. This legal uncertainty benefits the infringers.
The author did not only analyse this problem being at the interface between antitrust and private international law but also interviewed a number of practitioners at international law firms with out-standing expertise in order to shed some light on the litigation process, how it functions, and whether and how it might be reformed. He developed a new system to improve private antitrust enforcement and ensure that victims are compensated.
Overview
Part 1: The Situation
Antitrust Policy and Substantive Antitrust Law in Europe – Development of Antitrust Enforcement in General – Antitrust Enforcement through Damages Claims in Particular – Objective of this Thesis
Part 2: Aspects of Substance, Procedere and Jurisdiction
Introduction – Substantive Law in Cross-Border Antitrust Damages Actions – Procedural Law in Cross-Border Antitrust Damages Actions – Jurisdictional Rules in Cross-Border Antitrust Damages Actions
Part 3: Ideas for Legal Reform
Approach of the United States – »European« Reform
Part 4: Analysis and Reform of the Jurisdictional Rules
Introduction / Framework – Scope of the Brussels I Regulation – General Jurisdiction and Antitrust Damages Claims – Jurisdiction in Contract-Based EU Antitrust Damages Claims – Jurisdiction in Tort-Based EU Antitrust Damages Claims – New Venues
Part 5: Analysis and Ideas for Legal Reform of Lis Pendens and Related Actions
Ratio and Scope of Arts 27 and 28 Brussels I – Avoiding Parallel Proceedings – Defendants' Tactics: Reverse Forum Shopping
Part 6: Summary, Conclusion, Policy
Suggestions for Legal Reform – Legal Policy / Leniency Programme
References
Subject Index
