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.
|Title of host publication||Cross-Border EU Competition Law Actions|
|Editors||Mihail Danov, Florian Becker, Paul Beaumont|
|Place of Publication||Oxford, UK.|
|Number of pages||31|
|ISBN (Print)||9781849463744 , 1849463743|
|Publication status||Published - 18 Jun 2013|
Bibliographical noteThis 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.
- competition law
- private international law,
- private enforcement