Previous article Next article

See version in english EU Competition Law. Between Public and Private Enforcement, Bernardo CORTESE (dir.)

BIBLIOGRAPHIE : CORTESE Bernardo (dir.), Wolters Kluwer, 2013, 512 p.

EU Competition Law. Between Public and Private Enforcement, Bernardo CORTESE (dir.)

Bernardo Cortese

EU Competition Law. Between Public and Private Enforcement, CORTESE Bernardo (dir.), Wolters Kluwer, 2013, 512 p.

Eleven experts (academics and practitioners) in competition law offer interesting questions to be debated and underline tensions between EU competition law and enforcement regimes.

Bernardo Cortese introduces part I of the book, that deals with general problems about the goals and scope of EU competition law. Pietro Manzini deepens the analysis of the goals of EU Competition Law, whereas Filippo Amato looks at defining agreements and concerted practices restricting competition in EU competition law. Then, Igor Taccani shows interest in the scope of EU and national competition law with the effect on interstate trade criterion in practice. Bernardo Cortese looks at piercing the corporate veil in EU competition law with the parent subsidiary relationship and antitrust liability.

Part II analyzes the difficult relationship between administrative authorities and the judiciary in antitrust private enforcement. To this aim, Francesco Munari studies antitrust enforcement after the entry into force of Regulation No. 1/2003 with the interplay between the Commission and the national competition authorities and the need for an enhanced role of national courts. Dario Ruggiero points out the effects on private enforcement of the Commission’s and national competition authorities’ decisions in an Italian perspective. Bernardo Cortese tries to define the role of courts and administrative bodies in private enforcement in Europe.

In part III, Bernardo Cortese underlines the interaction between national judges and the European Court of Justice in the framework of private enforcement and preliminary rulings. Next, Daniele P. Domenicucci proposes some reflections for national judges for preliminary rulings and competition law, whereas Paolo Iannuccelli studies the shaping of private enforcement of EU antitrust law through preliminary rulings before the European Court of Justice. Lorenzo F. Pace concentrates on the Court of Justice “antitrust enforcement negative harmonization framework” and the CDC and Pfleiderer judgments.

In part IV, Bernardo Cortese looks again at damage actions in private antitrust enforcement. Besides, Alice Pezard, Iannis Symplis, William McKechnie and Gabriella Muscolo share their views on damage actions in private antitrust enforcement from the French, Greek, Irish and Italian side respectively.

In part V, Bernardo Cortese studies competition, regulation and liberalization as sector-specific approaches and their significance for private enforcement. On his side, Fabio Filpo looks at the case of margin squeeze in the framework of competition enforcement in the electronic communications sector. Moreover, Roberto Mastroianni concentrates on the promotion of pluralism through EU law with the example of regulation or competition law in the audiovisual sector. In addition, Francesco Liberatore looks at the restrictions on parallel trade of pharmaceutical products and EU competition law. Finally, Stefano Nicolin looks at EU competition law and the financial services sector.

The authors underline the lack of enforcement of competition law across the Member States despite the adoption of several green papers, white papers, communications and directives from the Commission. There are legal uncertainties regarding the interaction between private enforcement and decentralized public enforcement. This book presents the advantage to look at various sectors (audiovisual, pharmaceutical, to name but a few) and to stress the lack of transparency regarding the European Competition network.

PDF Version


  • FratiniVergano


David Leys, EU Competition Law. Between Public and Private Enforcement, Bernardo CORTESE (dir.), May 2014, Concurrences Review N° 2-2014, Art. N° 65191, p. 252

Editor Kluwer Law International

Date 1 December 2013

Number of pages 500

All reviews