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Part I Concurrent Enforcement of Competition Law, 3 Civil Proceedings

From: Competition Enforcement and Procedure (2nd Edition)

Renato Nazzini

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 21 January 2021

Arbitration procedures — Allocation of cases — Appeals — Judicial review — National Courts — National courts

This chapter analyses the different types of civil proceedings in competition law matters. Civil proceedings are proceedings involving civil rights and obligations of the parties, as differentiated from administrative and criminal proceedings. This chapter first discusses civil proceedings in England and Wales, before examining director disqualification proceedings in England and Wales. The chapter then deals with references to the Court of Justice for a preliminary ruling under Article 267 TFEU, which may be a step in proceedings before a court or tribunal of a Member State. Competition law actions, often in the form of a class action, may also be brought in the US, where the plaintiff has the incentive of an award of treble damages. The key features of the US regime and, in particular, the jurisdiction of the US courts in antitrust matters, are discussed in the final section.

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