Concurrent proceedings in competition law: procedure, evidence and remedies

Nazzini, Renato (2004) Concurrent proceedings in competition law: procedure, evidence and remedies , Oxford, UK. Oxford University Press, 558pp.

Abstract

The book contains a full and up-to-date account of the implications of concurrent enforcement of EC and UK competition law. It addresses the interaction of criminal, civil, and administrative proceedings in the UK and the EU as regards procedure, evidence, and remedies.
The volume contains an in-depth examination of the principles regulating concurrent proceedings and explains in detail the practical solutions following from the construction of EU and UK legislation.
Concurrent Proceedings in Competition Law offers a thorough review of the jurisprudence of the Court of Justice and the Court of First Instance and the European Court of Human Rights, as well as analysing the English authorities in the area of procedure and evidence insofar as relevant to the interplay between criminal, civil and administrative proceedings in competition law. The main focus is on stays, binding effect of administrative decisions and judgments, and disclosure and admissibility of evidence in English law and its relationship with Community Law and Human Rights standards.
The analysis expands to the practical consequences of case allocation within the European Competition Network, choice of forum within the EU, litigation in the US, and leniency applications in multiple jurisdictions. The impact of Council Regulation 1/2003 and the Commission Notices on cooperation within the Network of Competition Authorities and on cooperation with the courts of EU member states is fully explored.
Criminalization of cartels in the UK adds a further dimension to the interplay of concurrent proceedings. Issues of stays, binding effect of administrative decisions and disclosure and admissibility of evidence are also studied when they arise in a dispute that is being decided by an arbitral tribunal.

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