Danov, M and Becker, F (2014) Governance Aspects of Cross-Border EU Competition Law Actions. Journal of Private International Law, 10 (3). pp. 359-401. ISSN 1744-1048
Abstract
The authors have aimed to produce a theoretical model which considers the choice of governance design of cross-border EU competition law actions. To this end, they have analysed the current litigation pattern (and litigants’ strategies). On this basis, the specific issues which arise in cross-border EU competition law actions have been identified with a view to proposing an appropriate course for any reform in the area. A mix of research methods have been used - in addition to employing traditional library based legal research methods, opinions of legal practitioners from England and Germany and policy-makers from Brussels have been considered. The article demonstrates that, given the diverse nature of the European Union, a new mode of governance should be used by the EU legislator in order to close the EU competition law enforcement gap. The authors suggest that Regulation 1/2003 should incorporate a specifically designated private international law mechanism which promotes inter-jurisdictional regulatory competition in the area of EU competition law dispute resolution, and produces efficient enforcement results in a multi-level system of governance. It has been submitted that some of the specific problems that arise may be best addressed by appropriately drafted private international rules which address inter alia the low mobility of consumers and SMEs.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2014, Taylor & Francis. This is an Accepted Manuscript of an article published by Taylor & Francis in Journal of Private International Law in 2014, available online: http://wwww.tandfonline.com/10.5235/17441048.10.3.359 |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 04 Feb 2016 11:09 |
Last Modified: | 15 Jan 2018 23:04 |
Published Version: | http://dx.doi.org/10.5235/17441048.10.3.359 |
Status: | Published |
Publisher: | Taylor & Francis |
Identification Number: | 10.5235/17441048.10.3.359 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:94415 |