The Sixth Annual Postgraduate Workshop 

In Search of Effectiveness  -  Current Trends and Challenges in Competition Law Enforcement

Thursday 22 March 2012 

Any system of law is only as effective as its enforcement mechanism. Enforcement has been described as the 'life blood' of a competition law, without which a competition regime is 'somewhat pointless'. With globalisation of markets and regulations, the significance of competition law enforcement is steadily growing.

On-going discourse on enforcement of competition law requires an assessment of various enforcement methods in light of their qualities, complementariness and potential overlap, in national, regional and international contexts, and regard for issues of legitimacy, due process and human rights.

The Sixth Postgraduate Workshop reviewed and assessed competition law enforcement methods, studied current challenges for competition law enforcement, and explored various answers to them. Postgraduate students from more than ten jurisdictions presented and critically analysed their research, with detailed feedback from established academics as expert discussants and chairpersons.

  

Professor Colin Scott, UCD Dean of Law, opening the workshop, underlined the importance of international academic collaboration at postgraduate level.

Session 1 Chair: Dr Fiona De Londras (UCD School of Law) on the interplay between competition law and human rights:

- Maciej Bernatt (University of Warsaw): ‘A call for common European procedural standards in competition law’

- Dorin Rat (University of Paris 1 Pantheon Sorbonne): ‘Is there any hope for competition law after the ECHR’s judgement A.Meranini Diagosis S.R.L. v. Italy?’

- Nicolo Zingales (Bocconi University): ‘(Ir)rebuttable Presumptions and right to be heard: the strange case of Article 101 TFEU.’

Discussant: Dr Kanstantsin Dzehtsiarou (University of Surrey)

 

 

Session 2 Chair: Professor Imelda Maher (UCD School of Law) on legitimacy and effectiveness of public enforcement of competition law:

- Anna-Louise Hinds (UCD): ‘The European Commission’s Competition Enforcement Regime: Legitimacy, Credibility and Effectiveness through the Regulatory Enforcement Lens.’

- Pieter Van Cleynenbreugel (Catholic University of Leuven): ‘Institutional assimilation in the wake of EU competition law decentralisation.’

Discussant: Dr Oana Stefan (HEC Paris).

 

Session 3 Chair: Professor Lorenzo F. Pace (Università Europea di Roma) on decentralization of competition law enforcement:

- Jocelyn Delatre (UCD): ‘Divvying up the Plunder: Allocating damages in multi-party antitrust litigation in Europe.’

- Velimir Zivkovic (University of Belgrade): ‘Building Private Enforcement from Scratch - The Serbian Example.’

- Manuel Alejandro Penadés Fons (University of Valencia): ‘Beyond the prima facie effectiveness of Arbitration Commitments in EU Merger Control’

Discussant: Dr Sebastian Peyer (Centre for Competition Policy, University of East Anglia)

 

 

Session 4 Chair: Dr Jonathan Galloway (Newcastle University) on practical aspects of transnational enforcement of competition law:

- Valerie Demedts (Ghent University): ‘International Competition Law Enforcement: different means, one goal?’

- Wan Liza Md Amin (University of Wisconsin): ‘Addressing norms and institutional concerns in advanced and emerging economies: towards effective competition law enforcement.’

- Marek Martyniszyn (UCD): ‘Is Extraterritoriality in Antitrust an Option? Access to Evidence in Transnational Antitrust Cases.’

Discussant: Dr Anca D. Chirita (University of Durham)

 

 

In his keynote speech, Professor Stephen Calkins, member of the Irish Competition Authority reflected on the contributions and offered comments, drawing on his significant expertise in competition law enforcement and academia.

 

Professor Colin Scott, UCD Dean of Law awarded Pieter Van Cleynenbreugel (Catholic University of Leuven) the best paper prize.

 

The Workshop enabled participants to develop an academic network, laying the groundwork for future collaborative transnational research. This year’s Workshop was the PhD community’s contribution to the Centenary Celebrations of the UCD School of Law.

 

 

 

The Workshop participants had an opportunity to submit their revised papers for consideration of publication in a Special Issue of the Competition Law Review, subject to the usual peer-review. Four of the submitted papers were accepted and subsequently published in Volume 8 Issue 3 of the Review. The Editorial to this Special Issue was co-authored by Professor Stephen Calkins and Marek Martyniszyn. The Issue and all the articles are available athttp://www.clasf.org/CompLRev/downloads/Vol8Issue3.htm.

The 2012 PhD Workshop was organised by Marek Martyniszyn (Head of the Committee), Jocelyn DelatreAnna-Louise Hinds and Yichen Yang. The organisation of this event was generously supported by: