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Law Books
Concurrent Proceedings in Competition Law
  • Publisher :
    Oxford University Press
  • Author :
    Renato Nazzini
  • ISBN :
    9780199273799
  • Year of publishing :
    2004
  • Format :
    Hardback
  • Pages :
    560
  • The first work to disentangle the complex system of administrative, criminal, civil and arbitral proceedings applicable in EC and UK competition law
  • Includes a full account of the tactics and practical solutions available to the parties in concurrent proceedings in domestic and international cases, including advice on leniency applications and transnational litigation
  • Fully up to date with modernization at both EU and domestic levels
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 EuropeanCourt of Human Rights, as well as analysing the English authorities in the area of procedure and evidence insofar as relevant to r s1interplay 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 CompetitionAuthorities 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.
Readership: Practicing lawyers, judges, regulators, civil servants, academics, policy makers and law students in the UK, the EU, the US, Australia, New Zealand and Canada.