Originally from:
International Antitrust Law & Policy: Fordham Competition Law 2010 - Hardcover
International Antitrust Law & Policy: Fordham Competition Law 2010 - PDF
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Chapter 12
EU COMPETITION POLICY
MR. SORKIN: Ladies and gentlemen, I think we’ll start now.
My name is Larry Sorkin, and it is my privilege to welcome you to
the third panel today, which is on EU competition policy.
Our particular focus today will be on a variety of procedural due
process issues. Some of the issues we will be discussing include procedural
due process in Commission proceedings, procedural due process issues for
damage claimants in follow-on private cartel litigation, and legal
professional privilege in the aftermath of last week’s decision by the
European Court of Justice in Akzo Nobel.1 We will also be discussing due
process issues raised by the application of EU law by national judges
pursuant to Regulation 1/2003.
As you know from this morning’s panel discussion and from the
questions, particularly those that were directed to Dr. Italianer, procedure
in the EU is a very live and important issue these days — not just with
respect to cartel proceedings, but also with respect to a broad range of
other concerns that I’ve tried briefly to identify. There are also a number
of procedural issues that we will not be discussing in our panel that were
mentioned earlier today, such as the Commission’s new procedures in
direct settlement of cartel cases and hybrid settlements.
I will be very brief with the introductions.
Our first speaker will be Dave Anderson, who will be addressing
issues of due process and procedural fairness from the perspective of
respondents in Commission proceedings, and also from the perspective of
damages claimants.
Chapter 12
EU COMPETITION POLICY
by
Laurence Sorkin
David Anderson
Enrico Adriano Raffaelli
Rein Wesseling
Panel Discussion
Presider:
Laurence Sorkin, Cahill Gordon & Reindel LLP, New York
Participants:
David Anderson, Berwin Leighton Paisner LLP, Brussels
Enrico Adriano, Raffaelli Rucellai & Raffaelli, Milan
Rein Wesseling, Stibbe, Amsterdam
