Governance aspects of cross-border EU competition actions: theoretical and practical challenges
Danov, M; Becker, F
Date: 31 December 2014
Journal
Journal of Private International Law
Publisher
Taylor & Francis (Routledge)
Publisher DOI
Abstract
The authors have aimed to produce a theoretical model which considers the choice
of governance design of cross-border EU competition law actions. To this end, they have
analysed the current litigation pattern (and litigants’ strategies). On this basis, the specific
issues which arise in cross-border EU competition law actions have ...
The authors have aimed to produce a theoretical model which considers the choice
of governance design of cross-border EU competition law actions. To this end, they have
analysed the current litigation pattern (and litigants’ strategies). On this basis, the specific
issues which arise in cross-border EU competition law actions have been identified with a view
to proposing an appropriate course for any reform in the area. A mix of research methods have
been used - in addition to employing traditional library based legal research methods, opinions
of legal practitioners from England and Germany and policy-makers from Brussels have been
considered. The article demonstrates that, given the diverse nature of the European Union, a
new mode of governance should be used by the EU legislator in order to close the EU
competition law enforcement gap. The authors suggest that Regulation 1/2003 should
incorporate a specifically designated private international law mechanism which promotes
inter-jurisdictional regulatory competition in the area of EU competition law dispute resolution,
and produces efficient enforcement results in a multi-level system of governance. It has been
submitted that some of the specific problems that arise may be best addressed by appropriately
drafted private international rules which address inter alia the low mobility of consumers and
SMEs.
Law School
Faculty of Humanities, Arts and Social Sciences
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