Description
Book SynopsisBased on general concepts of collective action,
Private Enforcement of Antitrust analyzes how collective litigation mechanisms can be designed to encourage victims of anti-competitive conduct to access justice.
Through the expert assessment of the US Federal Courts' case on competition law, alongside that of domestic Europe, Arianna Andreangeli provides a fresh response to the issues surrounding collective litigation. The discussion is skillfully placed in the wider context of competition enforcement, whilst at the same time exploring both past and present trends. The book concludes that collective litigation of competition claims must strike a 'fair balance' between respecting rules of due process and ensuring fuller access to justice.
An enlightening perspective, this book will be an invaluable resource for academics and competition civil justice experts. It will also be of interest to practitioners active in competition cases and policy makers concerned with human rights issues.
Contents: 1. Setting the scene: European debates on collective Redress in competition law 2. Rule 23 FRCP: 'aggregating' individual antitrust claimants in diffuse injury cases-the certification criteria of commonality , predominance and superiority and the obligation to serve notice 3. 'Managing' antitrust class actions under Rule 23(b)(3) FRCP: who 'plays the pipe'? And who pays the piper? 4. The EU Commission agenda on collective redress: from a 'sector specific' to a mainstream discussion of group justice questions 5. Collective litigation in competition cases in the United Kingdom: between personal autonomy in civil litigation and effective judicial protection 6. Collective litigation and collective redress in competition claims: continental solutions-the case of Italy and of the Netherlands 7. Access to justice, diffuse torts and competition litigation in the EU: where do we go from here? Index
Trade Review‘This book is a timely and thought-provoking comparative analysis of collective redress in different legal regimes. It will be of interest to both academics and practitioners who seek an understanding of current class action issues. It benefits from the author's expert knowledge of US and EU law as well as Dutch and Italian law. The diversity of jurisdictions and the author's findings, especially with regard to US class actions, challenge common assumptions and provide material for further discussion.’ -- Dr Sebastian Peyer, Global Competition Litigation Review
Table of ContentsContents 1. Setting the scene: European debates on collective Redress in competition law 2. Rule 23 FRCP: “aggregating” individual antitrust claimants in “diffuse injury” cases—the certification criteria of “commonality”, predominance and superiority and the obligation to serve notice 3. “Managing” antitrust class actions under Rule 23(b)(3) FRCP: who “plays the pipe”? And who pays the piper? 4. The EU Commission agenda on collective redress: from a “sector specific” to a mainstream discussion of “group justice” questions 5. Collective litigation in competition cases in the United Kingdom: between ‘personal autonomy’ in civil litigation and effective judicial protection 6. Collective litigation and collective redress in competition claims: continental solutions—the case of Italy and of the Netherlands 7. Access to justice, diffuse torts and competition litigation in the EU: where do we go from here? Index
