Forum shopping and EU competition law private enforcement in the UK
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The upswing of EU competition law private enforcement over the last decade and its central role in complementing its public 'brother' is a fact. However, due to the cross border effect of antitrust violations and the procedural/remedial/institutional autonomy, resulting in diverse application of EU competition private rules throughout EUMS, forum-shopping concerns have emerged. A consequence of the forum-shopping likelihood, there are extensive debates in both academic literature and practitioners' circles on the rise of EU antitrust private enforcement in the UK. Is there really a widespread ...
The upswing of EU competition law private enforcement over the last decade and its central role in complementing its public 'brother' is a fact. However, due to the cross border effect of antitrust violations and the procedural/remedial/institutional autonomy, resulting in diverse application of EU competition private rules throughout EUMS, forum-shopping concerns have emerged. A consequence of the forum-shopping likelihood, there are extensive debates in both academic literature and practitioners' circles on the rise of EU antitrust private enforcement in the UK. Is there really a widespread escalation of Union antitrust private actions in the Kingdom, contributing to a more competitive environment in the UK and the EU internal market, what are the possible reasons for it and what are the indications about the way ahead?
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