Description
Book SynopsisWith the international community on the brink of an explosion of private remedies for violation of national competition laws, this timely
Handbook provides state-of the-art analysis of the private enforcement of competition laws across the globe. Private enforcement of antitrust is becoming a significant component of competition policy laws worldwide; today, more than a hundred jurisdictions have adopted market regimes operating within a framework of competition law, providing a varied base for developing ways by which persons injured by anticompetitive conduct will (or will not) be able to obtain remedies.
Written primarily from the perspective of the complainant, the Handbook contributes to the discussion by presenting empirical research on private remedies through unprecedented, detailed and systematic analysis of private antitrust enforcement in the US. The expert contributors - law practitioners in the US and 21 other countries - explain both the law and the realities regarding private remedies as they have experienced them. They provide useful information to law and policy makers contemplating the introduction or expansion of private enforcement and to competition advocacy NGOs, attorneys and others who may wish to support or utilize the tools of private enforcement. By way of conclusion, valuable observations are imparted and recommendations prescribed.
This important Handbook will prove an invaluable reference tool for a wide-ranging audience including: international private practice lawyers, law academics and students with a special interest in competition policy, international government officials involved in legislation or regulation of private remedies in countries with competition laws, and economists consulting in competition cases.
Trade Review‘. . . this book is a great achievement, and its contribution to the field cannot be negated. Practitioners, academics and students with a specific interest in this topic alike will easily zero-in on the jurisdiction of interest and extract not only theoretical, academic information on antitrust law and enforcement, which this book does not shy from, but also and mostly practical information on antitrust litigation practice in individual jurisdictions. This alone sets this contribution apart from the numerous books on competition law enforcement and private enforcement available these days which, with all their specific qualities, rarely offer such a practical insight in antitrust enforcement, especially on such a large scale.’ -- Jocelyn G. Delatre, European Competition Law Review
‘The International Handbook on Private Enforcement of Competition Law
effectively does “what is says on the tin”. . . It is an excellent and important piece of comparative work in this field.’ -- Barry J. Rodger, Competition Law Review
‘The American Antitrust Institute has supervised the preparation of this impressive volume analysing the experience of private antitrust enforcement in the United States and surveying the growing importance of private enforcement around the world. . . Each chapter is succinct and an excellent introduction to private rights of action under the key national competition laws. . . The Handbook is a welcome guide to the current state of the current literature on private rights of actions and remedies and provides the raw material and analysis for improvement.’World Competition
‘This Handbook
on private enforcement of competition law is both conceptual and enormously practical. It explains by facts and figures why private enforcement is necessary, and it explores cultural and contextual differences that may suggest different designs. The Handbook
provides a thorough anatomy of US private actions, following which experts from 19 other jurisdictions explain the contours and practicalities of bringing, litigating and settling private actions in their jurisdictions. The Handbook
promises to make an enormous contribution to antitrust law and policy around the world.’ -- Eleanor Fox, New York University, School of Law, US
Table of ContentsContents: Preface PART I: INTRODUCTION 1. Benefits of Private Enforcement: Empirical Background Robert H. Lande 2. The Impact of International Cartels John M. Connor 3. Differing Traditions Jonathan W. Cuneo PART II: EXPERIENCING PRIVATE ENFORCEMENT IN THE US 4. Defining Antitrust Violations in the US Bonny E. Sweeney 5. Pre-claim Activities Craig Corbitt, Judith Zahid and Patrick Clayton 6. Parties Entitled to Pursue a Claim Eric L. Cramer and Daniel C. Simons 7. Initiation of a Private Claim Michael D. Hausfeld 8. Aggregation of Claims J. Douglas Richards 9. Procedural Defenses Short of Trial Jonathan L. Rubin 10. Obtaining Evidence Joseph Goldberg and Dan Gustafson 11. Plaintiffs’ Remedies W. Joseph Bruckner and Matthew R. Salzwedel 12. Funding Litigation K. Craig Wildfang and Stacey P. Slaughter 13. Interaction of Public and Private Enforcement Kevin J. O’Connor, Hannah L. Renfro and Adam C. Briggs 14. Class Notice and Claims Administration Katherine Kinsella and Shannon Wheatman PART III: EUROPE 15. Overview of Europe Bojana Vrcek 16. England and Wales Vincent Smith, Anthony Maton and Scott Campbell 17. France Nathalie Jalabert-Doury 18. Germany Philipp von Dietze and Eckart Brödermann 19. Italy Giovanni Barone and Roberto Amore 20. Netherlands Daan Lunsingh Scheurleer, Herman Speyart, Flip Wijers and Joost Fanoy 21. Spain Pedro Callol 22. Sweden Marcus Glader and Peter Alstergren 23. Turkey Hilmi Bolatoglu PART IV: THE AMERICAS 24. Overview of the Americas Jonathan W. Cuneo 25. Brazil Mauro Grinberg, Camilla Paoletti and Leonor Cordovil 26. Canada Charles M. Wright 27. Peru Alfredo Bullard and Alejandro Falla PART V: ASIA, AFRICA AND AUSTRALIA 28. Overview of Asia and Africa Byung Geon Lee and Ke Li 29. Australia Brooke Dellavedova, Vince Morabito and Brendan Sweeney 30. China Zou Weining and Ma Chunsheng 31. India Pradeep S. Mehta and Cornelius Dube 32. Israel Niv Zecler, Michal S. Gal and Yariv Ilan 33. Japan Hiromitsu Miyakawa 34. Korea Hwang Lee and Byung Geon Lee 35. South Africa Kasturi Moodaliyar 36. Taiwan Lawrence S. Liu and Frank S. Chang PART VI: THE FUTURE OF PRIVATE ENFORCEMENT 37. International Settlements Laurence T. Sorkin 38. Toward an Effective System of Private Enforcement Albert A. Foer and Jonathan W. Cuneo Index
