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Part II The Interplay Between Administrative, Civil, and Criminal Proceedings, 8 Case Management and Stays

From: Competition Enforcement and Procedure (2nd Edition)

Renato Nazzini

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 12 August 2020

Subject(s):
Arbitration procedures — Allocation of cases — Appeals — Judicial review — National Courts — National courts

This chapter addresses the question as to whether one set of proceedings should be stayed because of another set of pending proceedings concerning the same or even different parties. The issue occurs when civil, administrative, and criminal proceedings concerning the same facts are conducted in parallel. Such a decision is always a complex and highly fact-sensitive one. The time factor weighs heavily against putting cases on hold potentially for years, but there are countervailing considerations that point in the opposite direction. This chapter deals with cases in which the need to stay proceedings does not arise because the jurisdictions of the courts and competition authorities are not concurrent but either clashing or separate. It then goes on to discuss the coordination between civil and administrative proceedings, criminal and civil proceedings, and criminal and administrative proceedings.

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