Governance aspects of cross-border EU competition actions: theoretical and practical challenges

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 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.