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The book proves that as a result of the enhanced private antitrust enforcement reform, private international law has a vital role to play if EC competition rules are to be enforced effectively in court proceedings with an international element.
To this end, the author makes a thorough analysis of how the post 2003 policy of the EC favouring private law enforcement of EC competition law can be implemented under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime.
The work also deals with how the jurisdiction and recognition and enforcement of judgments issues are dealt with in England under the common law rules applicable when Brussels I does not apply. The complex private international law problems in respect of cross-border class action and judgments in relation to antitrust infringements that have occurred in several countries are discussed as well.
The author further examines the choice of law issues that may arise before the English courts under Rome I and Rome II. The potential problems regarding jurisdiction of arbitral tribunals and choice of law in arbitral proceedings in relation to EC competition law claims, and the jurisdiction of English courts in proceedings ancillary to arbitration claims, are dealt with accordingly.
