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As courts and arbitrators function daily as front line decision-makers applying EU competition law, this book reflects on a variety of issues related to the litigation and arbitration of cases in this field. It provides expert analysis from perspectives of substance, procedure, fundamental rights, as well as inter-institutional dialogue and coherence. Featuring a range of scholarly contributions, the essays address topics including the 2014 EU ‘Damages Directive’; the EU’s approach to the ‘collective redress’ concept; a range of issues concerning state aid law; the arbitrability of competition law issues and other matters related to arbitration in this context such as judicial review of arbitral awards; and the interplay between arbitral proceedings and competition agency investigations. -- List of contributors -- Litigation and arbitration in EU competition law, Roberto Cisotta and Mel Marquis -- Part I private antitrust enforcement and judicial coherence in Europe -- TheAntitrust Damages Directive – much ado about nothing?, Sebastian Peyer -- Collective redress – (too) great expectations?, Sonja Keske -- Judicial dialogues and uniformity in the multi-level application of EU competition law, Adelina Adinolfi -- PART II litigating antitrust and state aid issues before the courts of the European Union and the courts of the member states -- Section 1: Antitrust -- Evaluation of evidence by the European Courts in competition cases, Alexandre Geulette -- The evolution of the 'full jurisdiction' of the Union Courts in Article 101 and 102 matters, Renato Nazzini -- 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 rights, Lorenzo F. Pace -- Judicial assessment of anticompetitive behaviour in Italy, Francesco Munari -- Section 2: State Aid -- Services of general economic interest and state aid in EU law: the challenges for the Court of Justice after the 'Almunia Package', Daniele Gallo -- Locus standi of natural and legal persons before the European Courts in State aid cases, Edoardo Gambaro -- State aid cases before national judges, Mario Siragusa and Kostandin Peci -- Part III EU competition law beforearbitrators -- Some considerations on arbitrability of competition law disputes and powers and duties of arbitrators in applying EU competition law, Roberto Cisotta -- The interaction between arbitration and public enforcement: clash or harmony?, Gordon Blanke -- Review by national courts of arbitral awards dealing with EU competition law, Giacomo Biagioni -- Analysis of recent competition cases decided by arbitrators, Laura Bergamini -- Index |
