Overview
Based 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
Full Product Details
Author: Arianna Andreangeli
Publisher: Edward Elgar Publishing Ltd
Imprint: Edward Elgar Publishing Ltd
Dimensions:
Width: 15.60cm
, Height: 2.80cm
, Length: 23.40cm
Weight: 0.754kg
ISBN: 9781849804592
ISBN 10: 1849804591
Pages: 424
Publication Date: 25 July 2014
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: To order
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.
Reviews
'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
`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
Author Information
Arianna Andreangeli, Edinburgh Law School, University of Edinburgh, UK
