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Competition Enforcement and Procedure 2nd ed


ISBN13: 9780199578832
Previous Edition ISBN: 0199273790
Published: September 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £280.00



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The problem of concurrent proceedings is a highly topical one, as public administrative enforcement in many jurisdictions escalates, with record-breaking fines.

This book was the first to examine and explain the procedural complexities of concurrent proceedings in competition law, focusing on parallel or sequential administrative, criminal, and civil proceedings.

The book begins with an analysis of the legal framework, including concurrent enforcement of competition law, administrative and judicial proceedings, as well as an overview of the relevant legal principles. The second part discusses the interplay between administrative, civil, and criminal proceedings, including stays, the effect of administrative decisions, disclosure and admissibility of evidence, and the criminalisation of cartels.

The third part deals with international commercial arbitration, covering arbitration of competition law disputes in the European Community and the US, and arbitration and concurrent proceedings. The fourth part evaluates the tactical implications of concurrent proceedings, and leniency and concurrency.

Fully revised and updated with developments in jurisprudence across the US, UK, and EU, this is the most comprehensive and authoritative practitioner guide to this fast-moving and complex area of law.

Subjects:
Competition Law
Contents:
1. Introduction

PART I: ANALYSIS OF THE LEGAL FRAMEWORK
2. Concurrent Enforcement of Competition Law
3. Administrative Proceedings
4. Civil Proceedings
5. Criminal Proceedings
6. Overview of the Relevant Legal Principles

PART II: THE INTERPLAY BETWEEN ADMINISTRATIVE, CIVIL, AND CRIMINAL PROCEEDINGS
7. Stays
8. Effect of Administrative Decisions
9. Disclosure and Admissibility of Evidence
10. The Crminalisation of Cartels

PART III: INTERNATIONAL COMMERCIAL ARBITRATION
11. Arbitration of Competition Law Disputes in the EC and the US
12. Arbitration and Concurrent Proceedings
13. Alternative Dispute Resolution in Competition Cases

PART IV: STRATEGY AND TACTICS IN CONCURRENT PROCEEDINGS
14. Tactical Implications of Concurrent Proceedings
15. Leniency and Concurrency

PART V: CONCLUDING REMARKS
16. General Conclusion