Antitrust Damages, European Competition Law and Judges: Private and Public Enforcement. Articles 101,102, and 107 of TFEU and National Judges EU

Start Date: Wednesday, June 20, 2012
End Date: Saturday, June 23, 2012
Category: EU Civil Law, Civil Law European Consumer Law
Venue: Barcelona
Country: Spain
Leading organisation:
Cooperative Partner:
Language(s): English, French, Spanish
Training level:
Target audience:
Participants(EJTN): 40
Contact: Antonio Marchal and Marta Inocentes
Contact e-mail:
Contact phone: + 34 93 406 73 79 or + 34 93 406 73 46

Course Description

The enforcement of Competition Law in Europe has been especially seen from the public perspective, i.e., it has been based in the enforcement by administrative authorities −until May, 1st, 2004, it was centralized exclusively in European Commission and from then not only in European Commission but in a more decentralized way through the National Competition authorities− Judicial review is conferred to the European Court of Justice −regarding the European Commission acts− and the National Judges –in relation to the administrative but also private national enforcements which in both cases could refer for preliminary rulings to Luxembourg−. It has been through this procedure that European Court of Justice has remarked in its judgments Courage (2001) and Manfredi (2006) that the full effectiveness of European Competition Law would be put at risk if it were not open to any individual to claim damages for loss caused to him by a contract or by conduct liable to restrict or distort competition.

The Seminar will be divided in 3 Parts: private enforcement context, antitrust damages claims and interaction between private and public enforcement of competition law.

There will be held two roundtables on comparative judicial experiences in Europe.

A First part will be dedicated to introduce the extent and the meaning of private enforcement in European competition law; to this effect, the introductory lectures will analyse the History, Data, Convergences of Competition Law’s Private Enforcement in America and in Europe; the Principles on Private Enforcement of European Competition Law developed by the European Court of Justice (Courage, Manfredi and its progeny); and the European Commission’s initiatives (Green Paper, White Paper and New Legislative Proposals). The 1st Roundtable of this Seminar will be consecrate to National Judicial Experiences on Private Enforcement on Competition Law after Courage and Manfredi Judgments, especially British, Italian and Spanish Cases.

A Second part will regard antitrust damages actions. To this respect, it will be treated the Antitrust Damages Actions and European Law Procedural Limits: Equivalence and Effectiveness; the Consumers’ Protection Approach to Antitrust Damages Claims: Collective Redress, ADR and Legal Costs; and the technical problems and legal solutions in quantifying antitrust damages. In the 2nd Roundtable will primarily rely on the discussion and analysis of selected cases decided by national courts on quantifying antitrust damages (notably, French, German and Benelux Experiences).

And finally, a third part will be devoted to the relationship between private and public enforcement, especially their connections relating damages and fines on competition law before courts (stand-alone and follow-on actions). It will be studied the European cooperation and its consequences on the antitrust actions (Judges, National Administrative Authorities and European Commission); and the relevant problems of antitrust damages actions and State aid schemes regarding public authority’s responsibility.

These two perspectives and its legal implications are not very known by judges as it is revealed by specific national case-law. By that reason, it is necessary to promote a judicial culture concerning free competition, consumer’s protection and to thrust the mutual interaction between European Union Law and National Laws and public and private actions. Likewise, the procedural issue and the convergence of National judicial cultures in Europe will serve to share new ways of judging and new forms of solving contemporary problems.

Deadline to send application is April 27

 

Information letter (English version)

01 Information lettter REFJ1224 ENG.pdf

Course description (English version)

02 Course description REFJ1224 ENG.pdf

Application form (English version)

03 Application form REFJ1224 ENG.pdf

Information letter (Spanish version)

01 Carta informativa REFJ1224 ESP.pdf

Course description (Spanish version)

02 Descripción del curso REFJ1224ESP.pdf

Application letter (Spanish version)

03 Formulario inscripción REFJ1224 ESP.pdf