The Applicable Law in Cross-Border Competition Law Actions and Article 6(3) of Regulation 864/2007

Jonathan Michael Christopher Fitchen

The Applicable Law in Cross-Border Competition Law Actions and Article 6(3) of Regulation 864/2007

Jonathan Michael Christopher Fitchen

Law

Research output: Chapter in Book/Report/Conference proceeding › Chapter

Abstract

This article examines the private international law issue of choice of law in private litigation to enforce EU Competition Law before domestic Member State courts. It questions the theoretical basis of the EU private international law and the practical suitability of this law. Various refroms are also suggested.

Original language	English
Title of host publication	Cross-Border EU Competition Law Actions
Editors	Mihail Danov, Florian Becker, Paul Beaumont
Place of Publication	Oxford, UK.
Publisher	Hart Publishing
Pages	297-328
Number of pages	31
ISBN (Print)	9781849463744 , 1849463743
Publication status	Published - 18 Jun 2013

Keywords

competition law
private international law,
private enforcement

Cite this

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title = "The Applicable Law in Cross-Border Competition Law Actions and Article 6(3) of Regulation 864/2007",

abstract = "This article examines the private international law issue of choice of law in private litigation to enforce EU Competition Law before domestic Member State courts. It questions the theoretical basis of the EU private international law and the practical suitability of this law. Various refroms are also suggested. ",

keywords = "competition law , private international law,, private enforcement",

author = "Fitchen, {Jonathan Michael Christopher}",

note = "This book was part of a research project funded by the European Commission Civil Justice Programme: my contribution at two conferences and, eventually, in this chapter was to address the identity of the applicable law (or laws) when private claims come before a Member State court. This issue is complicated by the so-called Rome II Regulation: a piece of EU law which was belatedly and hurriedly applied to private competition law claims in such a manner that it may acheive the paradoxical effect of helping the cartels and obstructing the claims. ",

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language = "English",

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AU - Fitchen, Jonathan Michael Christopher

N1 - This book was part of a research project funded by the European Commission Civil Justice Programme: my contribution at two conferences and, eventually, in this chapter was to address the identity of the applicable law (or laws) when private claims come before a Member State court. This issue is complicated by the so-called Rome II Regulation: a piece of EU law which was belatedly and hurriedly applied to private competition law claims in such a manner that it may acheive the paradoxical effect of helping the cartels and obstructing the claims.

PY - 2013/6/18

Y1 - 2013/6/18

N2 - This article examines the private international law issue of choice of law in private litigation to enforce EU Competition Law before domestic Member State courts. It questions the theoretical basis of the EU private international law and the practical suitability of this law. Various refroms are also suggested.

AB - This article examines the private international law issue of choice of law in private litigation to enforce EU Competition Law before domestic Member State courts. It questions the theoretical basis of the EU private international law and the practical suitability of this law. Various refroms are also suggested.

KW - competition law

KW - private international law,

KW - private enforcement

M3 - Chapter

SN - 9781849463744

SN - 1849463743

SP - 297

EP - 328

BT - Cross-Border EU Competition Law Actions

A2 - Danov, Mihail

A2 - Becker, Florian

A2 - Beaumont, Paul

PB - Hart Publishing

CY - Oxford, UK.

ER -

The Applicable Law in Cross-Border Competition Law Actions and Article 6(3) of Regulation 864/2007

Abstract

Keywords

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